"the case is finally over, and now i feel so relaxed!" the defendant, wang, spoke to judge iking ling. In recent days, 42 cases brought by sichuan's intellectual property services ltd. Concerning disputes over the dissemination of information on works networks have been brought before the people's court of the yuen tong district, and the parties have voluntarily entered into a conciliation agreement。
The plaintiff, sichuan, an intellectual property services company, co-sponsored by six travellers, stated that its business was to defend its intellectual property rights and those of its friends and friends. One of the company's shareholders, hsia koichi, created content with a sense of security and specifically authorized all original articles, videos, pictures and short graphics published in the name of the individual on various well-known websites to the plaintiffs. The company acquired the relevant intellectual property rights to the extent permitted by the law. The plaintiff found that the defendant, one of the main operators of the internet user accounts, had plagiarized the work in question without the authorization of the company and the original author, and used it for commercial propaganda to attract powder, bringing the 42nd case to the tong tong court, each claiming economic loss and reasonable expenses ranging from tens to tens of thousands of dollars, totalling some $300,000. Following the court's hearing, both parties did not agree to the conciliation and therefore entered the proceedings。
How can disputes be resolved efficiently in the face of a large number of types of cases? That's the problem before ikin ling。
However, with regard to the plaintiff's action, the defendant, wang, expressed the other view: “i did not reproduce the work directly, but rather made a reasonable reference and reference from which no economic benefit was derived”. He himself added: “the plaintiff now sues me, and if the court supports their company, i will appeal.”
The two sides are mutually exclusive. The facts of the defendant's tort make it clear that liability will be inevitable, but in such cases the amount of compensation is often difficult to satisfy both parties and is highly susceptible to appeal. When it comes to young people of one of the accused groups, these 42 cases, although small in amount, are cumulatively not small. It was also decided to invite the defendant himself and the legal representative of the plaintiff company to the court for a face-to-face chat before the hearing。
The defendant, accompanied by his family, came to the court and opened the door to the facts: the defendant was ill, his parents were permanently employed abroad, and the family was not in an ideal financial situation and could not afford high compensation。
The plaintiff's legal representative was relaxed when he saw the sad face and plain clothes of the defendant's family. “there were abuses in the industry, such as arbitrary portering, washing of manuscripts, etc. Our intention was to establish a professional advocacy channel to enable creators to produce quality content more comfortably. The court now requires the accused to appear in person, and we are willing to make appropriate concessions.”
“the defendant's direct reference to some manuscripts in the plaintiff's work and the re-issuance of the original works after their baptization, and the fact that it is true and is liable for the influencing of its own account, but at the same time, liability should be determined in the light of factors such as the size of the defendant's business, professionalism, market position and market trading habits. It is now known that the defendants are using their own accounts to attract pollen and view thousands of people, that attention is paid to only a few hundred fans of the defendants, that intellectual property rights should be protected, but that appropriate protection should be given to the fact that it is difficult to realize the interests or equal protection of the defendant if he is subject to heavier responsibilities, taking into account the current state of his illness.”
It seems that both sides have a loose mind, that iging has a good words and a patient explanation. The other members of the trial team were also able to find a balance between the demands of the defendants and their families while keeping a good legal score for the plaintiffs。
Finally, a settlement package was reached between the parties in a combination of jurisprudence and reason: the defendant paid the plaintiff a total of $30,000 in 42 cases. After the signing of the agreement, the plaintiff's legal representative claimed to the court that he would continue to work to create a clearer creative environment for the originals, while the defendant acknowledged the violation and indicated that in the future he would try to win fan support with his original creation. Thus, the series of disputes was successfully resolved。
