Monday, October 18, 2010

Blizzard and Ninetowns, who moved Founder's fonts?

According to today's news, the Founder prosecution of "World of Warcraft," the case of infringement of its character, there are three defendants, Blizzard, Ninetowns and Beijing Ninetowns of authorized distributors in feelings. In the three defendants, Blizzard is the "World of Warcraft" game of the copyright holder, Ninetowns is the game in mainland China carriers and electronic publications, publishers, Beijing, clear text is the game the agent in Beijing business.

This paper discusses the question is, if the Founder's request the court litigation support, that the three companies who will eventually "World of Warcraft" in the Founder font bear tort liability, in other words, who is the Founder of the font copied into the "World of Warcraft" client software. In 3, we can first rule out Beijing in feelings, Founder of the company to pull into the proceedings and for proceedings in the case estimated to be under the jurisdiction of the Beijing, its obviously not copy the font Founder.

China's "Civil Law" Article 30 provides that: two or more joint tort causes damage to others, shall bear joint and several liability, therefore, once the court established infringement, "World of Warcraft," the copyright owner Blizzard game operation in China Business Ninetowns is likely to bear joint and several liability. Although joint and several liability, but both Blizzard and Ninetowns responsibility in this matter must also be different, if the infringement was entirely caused by one party, the other can be prosecuted in court after infringer real time, real infringement will ultimately accountable billion compensation money on.

"World of Warcraft," the translation process analysis

To clarify this issue, we must first understand the "World of Warcraft," the Chinese version of Who owns copyright in the end, individual judge to Blizzard's strong, clear and Ninetowns game in the contract provides for the introduction of "World of Warcraft the world "belongs to the Chinese translation of all his, of course, as usual, Blizzard is also expected to bear the corresponding cost of translation. Founder of the Chinese version of the game and I also estimated the same judge, so the divisions of the Blizzard.

Next we look at the process of online games finished. Speaking of online games in accordance with the general course of the game's content translation translation company translation generally, please complete, but the content will be translated game software is not embedded in the task of translation companies, usually the game's developers will be responsible for the content of embedded translated translation company game. Message in my blog, many users believe that the "World of Warcraft" for the local operators Ninetowns finished, but I estimate that, "World of Warcraft" translation companies may be looking Ninetowns translation in many specific The problems and the Blizzard by Ninetowns for communication, but will need to have the software embedded software content of the source code or to break the system, Ninetowns clearly not the source code, without Blizzard's authorization, it will not World of Warcraft to crack the system, therefore, the case will be embedded in Chinese content "World of Warcraft" client software should be Blizzard. Of course, we can not completely rule out the mandate Ninetowns Blizzard games will be finished after the possibility of embedded systems, but this practice is not consistent and industry practices.

Intellectual property infringement case involving specific acts are: the "World of Warcraft," the Chinese translation of the content embedded in the game system, the Founder of the four fonts of the font by adding together the Chinese version of "World of Warcraft" customers client software, and commercial use of this character's behavior may not be font of the copyright owner's permission. In this case, if the court ultimately determined "World of Warcraft" infringement, violations of the rights of copyright in the reproduction right, that is, without the right owner, copy of their work behavior.

Who is the real perpetrators?

Who will bear the following cut into the core issue of tort liability:

Who is the Founder of the font and the "World of Warcraft" and associated display together?

Who to copy the font into the Founder of "World of Warcraft" client software?

The association and replication are likely to be the real case the infringer. Based on the foregoing analysis, we easily see that, to carry out such acts, it is estimated that only the game developers - Blizzard has. If the above set up and the case was sentenced to infringement claims, despite the establishment and Blizzard Ninetowns will jointly and severally liable, but if the character into the first software company Blizzard, Ninetowns in bear corresponding liability, based on the law, should be able to claim for consequential losses to Blizzard because Blizzard is the Founder Font copied into the "World of Warcraft" game in Chinese version of the client's behavior led to the loss of Ninetowns. Of course, out of the need for continued agency of Warcraft game, Ninetowns probably will not risk losing the risk of agency loss claims related to Blizzard.

Write to you, think of another problem, Blizzard is a U.S. game company, but there is no R & D institutions in China, therefore, compared to its Chinese fonts do not understand how to think their side is the font to copy into the "magic animal in the world "game? Therefore, Blizzard's Founder font could also be supplied to the possibility of ranking in the provider, as a domestic partner Ninetowns Blizzard no doubt the greatest suspicion. If Ninetowns provided to the Blizzard unauthorized Founder font, then the outcome of the discussion above of this article will be completely reversed. Provided to the Blizzard in Ninetowns unauthorized Founder font, once the snow Ninetowns court decisions jointly and severally liable to the Founder, the property of Blizzard implemented by the court, therefore, can in turn sue Ninetowns Blizzard compensation for the loss of the previous proceedings, as Ninetowns in the provision of fonts when the font is not informed of intellectual property rights, although Blizzard is also at fault, but the case will certainly be a major infringement NINETOWNS to assume responsibility.

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