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Be prosecuted for unauthorized broadcasting of more than 1,000 film and television works
The defendant Chen Mou and Zhang Mou were prosecuted for the crime of copyright infringement because the video website built played many popular film and television works such as "Wandering Earth" without the permission of the copyright owner. On May 18, Beijing Haidian District People's Court heard the case online.
The public prosecution agency charged that the defendant Chen Mou was the legal representative of a technology company, and the defendant Zhang Mou was a technology research and development employee of the technology company. Chen Mou organized Zhang Mou to establish a Fantsi video website without approval and filing. The website adopts a membership system, and collects video membership fees in different ways such as monthly, annual, and life-long membership, and puts advertising profits on the website. Members can upload video resources by themselves to get more membership points, but the company has not reviewed the legality of the video source.
From 2017 to March 2019, without the permission of the copyright owner, Chen organized Zhang Mou and others to spread the "Wandering" that many companies such as Beijing Jingxi Cultural Tourism Co., Ltd. and other companies enjoy copyright through the Fantsi video website Earth "wrestling! "Father", "Mekong Action", "Journey to the West" and many other film and television works. The Fantsi Video website has won the favor of a large number of members through ultra-low-cost membership rights and resources such as playing hot movie videos. After investigation, Chen Mou distributed more than 1,000 video files of infringing film and television works through the Fantsi video website, and the number of charged members reached more than 1,000.
During the court hearing, the public prosecution organ presented evidence including Chen Mou and Zhang Mou's confessions, judicial appraisal opinions and other evidence materials, and believed that the defendants Chen Mou and Zhang Mou made copies of their films without the permission of the copyright owner for profit. For television works, where the circumstances are serious, the two should be held criminally responsible for the crime of copyright infringement.
The defendants Chen Mou, Zhang Mou and the second defender had no objections to the charges and criminal facts accused by the public prosecutor. As the legal representative of a technology company, Chen Mou admitted that the video resources uploaded by users were not subject to strict legal review during the operation of the website. The company did not purchase the copyright of the video resources due to insufficient funds. During the operation of the website, it has been involved in violations of the copyrights of others by providing film and television resources in violation of regulations, but it has not stopped illegal activities. As a technology R & D staff member of the technology company, Zhang stated that he developed related technologies under the advice of Chen, and continued to violate the law after the company received the lawyer's letter and involved the lawsuit.
During the trial, Chen and Zhang both pleaded guilty and pleaded guilty. The defender hoped that the court would take the punishment lightly into consideration of the fact that the two were first-time offenders and minor offenders, and their legal consciousness was weak. The court will decide the case at a later date.
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