A Copyright Criminal Case
The defendant has reprinted more than 3000 novels of “Qidian Website” (one of the biggest Chinese novel website), finally the defendant was only ruled for probation
Brief introduction：
The defendant Zhao was claimed for reprinting more than 3000 novels of “Qidian Website” to his own website “Guan XX”. “Qidian Website” has the exclusive license of those novels. Zhao had made profits amounting to millions by selling commercial advertisement on his own website. Zhao was under arrest by Putuo Sub-bureau of Shanghai Public Security Bureau.
The wife of Zhao entrusted us to be his defense attorney. After analyzed the appraisal issues and the said profits of the commercial advertisement, finally Zhao was only ruled for a 3 years’ probation. In addition, “Qidian Website” claimed for the compensation amounting to RMB 9,000,000, after negotiation, the amount was reduced to RMB 2,500,000.
Highlights：
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We use subtraction method in dealing with this case. The variables include the real quantity of the novels with the exclusive license, the degree of perfection of the relevant novels, the degree of similarity degree of the novels on the 2 websites, the formula for calculating profits. By applying those variables, we reduced the amount of profits and the quantity of the novels, which became the key reason in helping our client to get a lighter sentence.
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Both the degree of perfection of the relevant novels, the degree of similarity degree of the novels on the 2 websites, have a huge influence on reducing the amount of compensation.