A Precious Help (copyright law/infringement/joint liability/game)

A Precious Help (copyright law/infringement/joint liability/game)

 

Li Dongtao

 

Description: Installation = copying

 

A.    The case

Help me to be the best I can be. [1]

This is a case about “HELP”.

The plaintiff and the first defendant are software companies.

The second defendant is a supermarket.  

In June 1995, the plaintiff developed a new game and got a market success quickly.

In August 1995, the two defendants concluded a contract. According to the contract, they agreed to cooperate in selling computers offered by the first defendant.  The second defendant was responsible for market and selling, including providing invoices to consumers. The second defendant would get 8% of the profits in the end.

Beginning in September 1995, the first defendant began installing the plaintiff’s game on its computers being sold in the second defendant's market. The game was a pirated copy, and the two defendants didn’t inform the plaintiff.

The plaintiff sued the two defendants for copyright infringement.  

The first defendant admitted it had infringed the plaintiff’s copyright.  

The second defendant argued it was innocent for it simply provided the first defendant with retail space.

 

 

B.     Analysis.

The copyright infringement is established and the two defendants are infringers.

Because:

a.      the first defendant installed the pirated game onto the computers sold in the second defendant’s supermarket, installation means copying, without any permission, the first defendant is the copyright infringer;

b.     the second defendant offered necessary help for the first defendant by providing invoices with 8% profits in the end, also the copyright infringer and should take joint liability with the first defendant.

In short, help him to be the copyright infringer, not the best.

 

 

 

 


 

 

[1]In helping others, we help ourselves. PEOM by Elizabeth King at www.poetry.com/poem/75162/in-helping-others,-we-help-ourselves

 

 

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2024年10月28日 09:33
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