If America LeiServ-USoftware copyright collective tort tracking reports two

 

 

Lei if software series in two cases

2012End of the year-2013Years America Lei if software company for itsServ-USoftware copyright infringement lawsuits filed group

Authors: Zhang Xijuan  Fujian Hua Law Firm

 

[Abstract] since the2012At the end of the year to2013Years, Lei if software company in Zhejiang, Wenzhou, Shaoxing Chinese Shandong Qingdao, Jiangsu Nanjing software copyright infringement lawsuits filed. Among them, the Shaoxing intermediate court, Nanjing court hearing the case, Lei if the software company has been withdrawn, other regions of the cases in trial.

 

 

USA Lei if software company background

America Lei if software company(Rhino Software,Inc, hereinafter referred to as "Lei if software company")In America registered software enterprise, have multiple versionsServ-UThe software, the software isFTP One of the server software. Through the use ofServ-USoftware, the user can be any onePC Set into aFTP The server, so the user or other users on the same network through any one ofPCAndFTP The connection to the server, a copy of the file or directory, move or delete, and between different types of computers, operating system, for different types of file transfer, interoperability.

 

Since the2012At the end of the year to2013Years, Lei if software company in the ChinaZhejiangShaoxing, Wenzhou, Shandong Qingdao, Jiangsu NanjingFirst, in view of its copyrightServ-USoftwareA lawyer's letter to the allegedly infringing human rights, then according to the alleged infringement about the software copyright infringement.

 

1,2012At the end of the year, Lei if Software Co. v. Shaoxing city in Zhejiang Province, a creative Limited by Share Ltd computer software copyright infringement dispute case

The court: the Shaoxing City Intermediate People's court

Plaintiff: Lei if software company

Defendant: a cultural and creative Limited by Share Ltd

2013Years5Month, the plaintiff American Lei if the company withdrawing.

 

2012At the end of the year, Lei if software companies to court a creative Limited by Share Ltd, a creative Limited by Share Ltd compensation for economic losses50Million yuan.

A cultural and creative Limited by Share Ltd commissioned Zhejiang Xiaotian firm Gu Dongming lawyers to participate in the litigation as an agent ad litem, Gu Dongming lawyer thought, a creative Limited by Share Ltd web site through MicrosoftTelnetSoftware access to the network server, and from feedback"Server-u"Code Webpage screenshots notarization, can not be used as the basis of tort.

2013Years5Month, American Lei if software company to the Shaoxing intermediate people's court to apply for withdrawal, and permission.

 

2,2012At the end of the year, a * * * * on the right on behalf of our v. Zhejiang province Wenzhou City computer software copyright infringement dispute case (2012Ou know) temperature at the beginning of the word no.26No.

The court: Zhejiang province Wenzhou city Ouhai District People's court

Plaintiff: * * * * Department of power generation

Defendant: a company of Wenzhou City

2013Years2Month1DayThe court rejected the plaintiff,: x x x x company's prosecution power generation.

 

The * * * * on the right on behalf of our claims: if a software company (American LeiRhin0S0ftware,Inc) systemServ-UFTPAll versions of the server software copyright owner, America Lei (if software companyRhin0S0ftware,IncThe plaintiff) authorized exercise and maintaining the software copyright.

2012Years8Month9DayThe plaintiff found a company, the defendant Wenzhou city without permission, its operation, management, unauthorized use of a website"Serv-UFTPServer6.4"Version of the software, therefore the plaintiff sued to the court, request a company may order the defendant to compensate the plaintiff in Wenzhou City50Million yuan.

The court held that: the plaintiff provided insufficient evidence to prove it has effective access to the computer software copyright license, able to own name the infringing party to infringe the copyright of computer software that corresponding rights. Therefore, the plaintiff can not be exercised in the computer software copyright, the ruling dismissed the plaintiff: x x x x company's prosecution power generation.

 

3,2013Years, Lei if Software Co. v. Qingdao some company infringement of computer software copyright dispute case 2013.Green know issued Spain in the early Republican word article37No.

The court: Shandong Province, Qingdao City Intermediate People's court

Plaintiff: Lei if software company

Defendant: a company in Qingdao

2013Years4Month22DayThe trial court.

 

4,2013Years, Lei if Software Co. v. Jiangsu some company infringement of computer software copyright dispute case

The court: the Nanjing City Intermediate People's court

Plaintiff: Lei if software company

Defendant: a company in Jiangsu

2013Years6Month, the plaintiff Lei if software company withdrawal.

2013Years6Month, the eternal Chao Hui law firm (Jiangsu Nanjing) Qi Wang lawyers accused appear in court. In this case, the plaintiff said the defendant websites use the infringing software. The defendant, website data hosted on third party web server, the web server is suspected of infringing software installation, the actual control is the direct responsibility of. The court, in the actual controllers that the accused is not a network server, the plaintiffs claim.

 

 

Fujian Quanzhou intellectual property lawyer Zhang Xijuan, Xinhua International Intellectual Property Agency of Fujian Hua Law firm.

For consultation, please call the Advisory telephone:13559027892.

 

[2013-7-21]