On August 31, Zhongnan Red Culture Group Co., LTD. (Zhongnan Culture, 002445.SZ) announced that the company recently received the "civil complaint", "Summons", "Notice of Response" and other materials served by the Intermediate People's Court of Shenzhen, Guangdong Province.
First, South-Central culture was sued by Pokemon
The amount involved is 500 million yuan
Zhongnan Culture (002445.SZ) announced that six defendants, including the company, were sued by Pokemon Co., LTD., and the case involved 500 million yuan. The plaintiff, Pokemon Co., LTD. (hereinafter referred to as "Pokemon"), is the relevant rights holder of the series of video games "Pokemon".
Pokemon is available in Apple AppStore, Huawei App Market, Tencent App, 360 Assistant, Baidu Assistant, Xiaomi Game Center, VIVO AppStore, OPPO AppStore, Meizu AppStore, PP Assistant and other major mobile app stores. Found the same game named "Pokmon Clone (Pocket Tour)" (hereinafter referred to as "Pokmon Clone"), Pokemon believes that there are a large number of infringements in the game copyright of the plaintiff.
It is reported that the copyright marked in the game screen and plate number information of "Pokemon Clone" is Guangzhou Maichi Network Technology Co., LTD., and the other five defendants jointly operate the game.
Pokemon believes that since the first operation of Pokemon Reincarnated in 2015, the six defendants have not obtained the permission of Pokemon or the relevant rights holders, and the behavior of developing, publishing, operating and promoting the accused game infringes the relevant copyright rights of the plaintiffs and constitutes unfair competition.
Pokemon Clone game interface
The company has filed a lawsuit with the Shenzhen People's Court over the matter. The core of the claim is that the six defendants are required to:
1. Stop infringing acts, that is, stop operating, publishing, providing and promoting infringing games;
2, through Sina.com, Sohu.com, Apple Appstore, Tencent App Bao and other mobile application platforms, as well as its own official website, social media and other websites and platforms prominent position apology;
3. Compensate the plaintiff for the economic loss of 500 million yuan.
"Pokemon Re-creation" was once the fist product in the cultural game sector in Central and South China. According to the company's 2018 annual report, the game contributed 84.94 million yuan of revenue to the company, accounting for 27.47% of the company's game business that year.
However, the subsidiary of Zhongnan Culture operating "Pokemon Engraved" was auctioned by the company in 2019, when the business performance of Zhongnan Culture declined, the company was "ST", and its hot capital assets were packaged and auctioned. In the 2021 annual report, the game sector is no longer within the scope of disclosure of the company's statements.
In 2021, Zhongnan Culture achieved operating income of 482 million yuan, net profit of 207 million yuan returned to the mother, and loss of 136 million yuan deducted from non-net profit. As of the close of August 31, the total market value of Zhongnan Culture reached 6.481 billion yuan.
It is reported that Zhongnan Culture Company will hire lawyers to actively respond to this lawsuit and resolutely safeguard the interests of the company and shareholders. At present, the case has entered the litigation process, has not yet been heard, and it is not possible to judge the impact on the company's profits in the current period or after the period.
Second, it was an important source of income for the company
The game in question goes back six years
"Since you have asked in good faith, we have the mercy to tell you!" This sentence from the famous cartoon "Pokemon" classic lines, I believe that many post-80s, post-90s can recite it.
Pokemon, which also has a variety of translated names such as Pokemon and Pokemon, is based on the Pokemon series of games published by Nintendo of Japan.
After the cartoon was broadcast in China in 2002, it became a childhood memory of many people, especially the images of Pikachu and Keda Duck, which were liked by many people.
This time, the A-share company Zhongnan Culture was sued by Japan's "Pokemon Co., LTD." because one of the company's games was considered to violate its game copyright.
Iii. Review of events
April 2016
Zhongnan Culture to 870 million yuan cash and equity wholly-owned acquisition of mobile game distribution company value Shang Interactive.
According to the 2016 annual report of Zhongnan Culture, the company's business at that time included TV dramas, artist management, copyright operation, games and so on. Among them, the game business is mainly from the value of interaction.
In 2016, Value-Shang Interactive achieved revenue of 307 million yuan and net profit of 99.36 million yuan. At that time, the net profit of Zhongnan culture was only 229 million yuan.
In the 2016 annual report of Zhongnan Culture, it was mentioned that Value-Still Interactive has more than 50 mobile game products, and its key products include "Pokemon Re-creation" (" Pocket Tour ").
December 2016
In December 2016, the monthly flow of the game exceeded 30 million yuan, and the cumulative flow has exceeded 300 million yuan.
April 2016
A lawyer who is provided legal aid by a legal aid agency established by the government or a law firm established by the government. A legal guarantee system that provides free legal services to people with financial difficulties or special cases, especially in rural areas.
The year 2017
Value-shang Interactive, which mainly publishes mobile games, earned 335 million yuan in revenue, and its net profit further rose to 122 million yuan. It accounted for 41.6% of the net profit of Zhongnan Culture returning to mother that year. Games such as Pokemon Clone are a major source of revenue.
The year 2018
The revenue of the game is still 84.94 million yuan, accounting for 27.47% of the company's game business revenue, and it is also the company's highest revenue game.
However, as a game released for many years, "Pokmon Clone" is gradually coming to the second half of its life cycle. After 2018, there was almost no mention of this game in various announcements of Sino-South culture.
At the same time, the 100% equity of Value-Shang Interactive held by Zhongnan Culture was auctioned by the judiciary at the end of 2019, the shareholder of Value-Shang Interactive was changed to Ping An Trust, and there was no equity relationship between Zhongnan Culture and Value-Shang Interactive.
After 2019
Zhongnan Culture's gaming business saw a sharp drop in revenue.
Almost zero in 2021.
Game copyright
Is it copyright?
According to our country Copyright Law The provision that the game is copyrighted, the game is Copyright Law One of the protected works, the game is copyrighted regardless of whether it is published or not.
Copyright Law of the People's Republic of China Article 3 The term "works" as used in this Law includes works of literature, art, natural science, social science and engineering technology created in the following forms:
(1) written works;
(2) oral works;
(3) works of music, drama, folk art, dance or acrobatics;
(4) works of art and architecture;
(5) photographic works;
(6) cinematographic works and works created by means similar to cinematographic production;
(7) engineering design drawings, product design drawings, maps, schematics and other graphic works and model works;
(8) computer software;
(9) Other works prescribed by laws and administrative regulations.
To sum up, according to our country Copyright Law The game copyright is copyrighted.
Nowadays, the market mechanism is becoming more and more sound, and the copyright awareness of players and users is also increasing. To protect originality and support innovation, it is necessary to use intellectual property protection to create an environment that respects knowledge and creativity to stimulate people's creativity. Information source: Internet collation
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