"There are not many legal bases available for Luoyi to sue Universal Games, and they basically focus on these two parts: one is to file a lawsuit against Xu Tao's personal non-compete agreement clauses, and the other is to file a lawsuit against the game "Ideal World" for infringement of intellectual property rights. ”

After listening to Ren Pingsheng's introduction, Qin Zhenwei quickly gave his judgment.

Seeing Ren Pingsheng's eyes towards him, Xu Tao shook his head depressedly and said:

"When I was in Luoyi, the contracts were signed once a year, and even the medical insurance and social security were dragged to me, and there was no non-compete agreement. ”

Qin Zhenwei nodded and continued:

"Since Mr. Xu has not signed a non-compete agreement, the biggest possibility is that he is suspected of infringing intellectual property rights. ”

"Mr. Xu, think about it, what elements of the "Ideal World" we developed may be sued. ”

When Xu Tao heard Qin Zhenwei's words, his face became a little excited, and he snapped his fingers and said:

"There are only a few ways to play online games, either real-time battles or turn-based, real-time battles were first proposed by Blizzard Entertainment, and everyone followed the research and development, and I haven't seen Blizzard Entertainment sue anyone. ”

"Not to mention turn-based games, the earliest gameplay of RPGs is turn-based, and no one can say who owns the copyright, and there is no way to sue for this. ”

Ren Pingsheng saw that he was a little unstable, poured a glass of water and handed it to him, and asked by the way:

"In addition to the gameplay accident, whether the game's art, text, etc., are similar to or similar expressions to "Dream Three Kingdoms". ”

Xu Tao took the water, took a sip, and his tone of voice slowed down.

"It's hard to say about the art aspect, because it's all 2D pictures, all cartoon characters and painting styles, and the senses are actually not much different. ”

"The characters in online games are all like that, the men must be handsome, handsome, and brave, and the women must be beautiful, charming, and sexy, everyone is like this, and the homogenization is very serious, which is not considered infringement. ”

Qin Zhenwei nodded and said:

"In the case of works of art, as long as the works of artists who have already become famous or whose copyrights have been registered, the court will not determine infringement. ”

Xu Tao's face looked a little better, and he continued:

"In terms of copywriting, the story background and world view of "Ideal World" are based on traditional Chinese culture and literary masterpieces, such as "Classic of Mountains and Seas", "Book of Changes", "Romance of the Three Kingdoms", "Journey to the West" and other elements of myths and legends will be involved, which is inevitable, all games with Chinese style will be used, and we are not the first ......"

Qin Zhenwei interjected:

"That is to say, in the two games "Ideal World" and "Dream Three Kingdoms", there are certain similarities in terms and copywriting?"

Qin Zhenwei's question was very accurate, Xu Tao's endless talk stopped suddenly, he looked at Ren Pingsheng, and then at Qin Zhenwei, and said:

"This ...... For example, there is an NPC in their game called 'Guan Gong', and there is a mission in our game that also mentions 'Guan Gong', isn't this normal?"

"Men and women get married, men and men get married, apprentices are accepted, gangs and sects are ...... These are all common mechanics in online games, and we're doing better than everyone else, and that's wrong?"

"Also, Shaolin Temple, Wudang Mountain, Kunlun Mountain, abbot, swordsman, dart game...... These are all terms of traditional human geography, everyone is using them, why can't we use them?"

"Elements like Xiangyang City, the Ryukyu Islands, and Himiko are all elements of the Three Kingdoms mud before the appearance of online games, and they are not original to Luoyi, so what qualifications does he have to occupy them. ”

(Note: MUD stands for Multi-User Domain, which is a popular multiplayer online word game before the advent of online games, and can be regarded as the ancestor of online games.) ）

Listening to Xu Tao's description, Qin Zhenwei's expression gradually became serious.

Ren Pingsheng raised his chin to him, and Qin Zhenwei said:

"Mr. Xu, I can understand your feelings. ”

"However, cases of infringement of intellectual property rights are relatively special, and there is no consensus in the domestic judicial circles on this. For example, cases involving patents are still relatively clear and easier to judge, and the results of trials in various courts will not be bad. ”

"Cases involving words and the like are still in a vague area, and what constitutes infringement and what constitutes infringement is determined by the courts in various places, and we cannot grasp this, so we can only depend on the attitude of the judge concerned. ”

Ren Pingsheng asked at this time:

"You mean that this case is decided by different courts, different judges, and there are many possibilities for the outcome?"

Qin Zhenwei nodded and said:

"From the standpoint of a lawyer, I will of course insist that the judiciary should abide by the principle of impartiality and neutrality. ”

"But from the standpoint of a practicing lawyer, I must be responsible to my clients, and I should remind them of the risks that may arise in the course of specific litigation. ”

Due to his identity as a lawyer and his professional habits as a lawyer, Qin Zhenwei said it more vaguely, but Ren Pingsheng already understood what he meant.

Although China has made tremendous achievements in the building of the legal system and is ahead of the vast majority of countries in terms of judicial fairness, there are still some extra-field factors in the adjudication of grass-roots courts.

It is understandable that when the grassroots courts hear cases, they will be biased towards the local government agencies, large enterprises, and people and things that involve a wide range of people, because after all, the tax revenue of local enterprises remains in the local area, and it also provides full employment for the local people, and makes greater contributions to the local area.

For example, the famous Nanshan District Court of Shenzhen-Hong Kong City, in the relevant cases involving Tengxun, 100 percent of the judgments made by Tengxun ended in Tengxun's victory, known as Tengxun Royal Court, and Tengxun was also named "Nanshan Pizza Hut".

Of course, it is undeniable that in these previous cases, Tengxun did occupy a favorable position in legal theory, and the court's judgment was also fair, reasonable and just.

However, due to the current situation in China, it is inevitable that some people will associate with this aspect.

Now the facts are in front of us, Luoyi's office is located in Tianhe District, Huacheng City, and the lawsuit is also filed by the Tianhe District Court of Huacheng City, which makes people have to worry about whether this lawsuit will be fought.

If Luoyi's influence in Huacheng is enough, then Luoyi sued Wanyou Games in this lawsuit, and Wanyou Games lost at the beginning.

Ren Pingsheng looked at Qin Zhenwei again and said:

"Lawyer Qin, if we lose the case, what will be the outcome?"

Qin Zhenwei quickly replied:

"In the case of infringement of intellectual property rights, if the judgment is in favor of the prosecution, the court will generally order the respondent to cease the infringement and compensate for the losses caused during the infringement. ”

This is where the problem comes in.

If everything is as Qin Zhenwei expected, once Wanyou Games loses the lawsuit, it will be enough to pay compensation, but if "Ideal World" is executed by the court to stop operating, the loss of Wanyou Games will be incalculable, which will not only seriously dampen the company's development, but also directly affect the pace of the company's listing.

"I rely on the young girl, Yu Sanjin, a villain, doesn't dare to compete head-on, so he loves to make crooked moves. ”

Xu Tao couldn't help but scold.

Although Ren Pingsheng's face was also very ugly, he still controlled his emotions and asked in a very calm tone:

"Lawyer Qin, how do you think we should deal with it? ”

All eyes are on Qin Zhenwei, as an elite lawyer of Junheng Law Firm and the director of the legal department of Universal Games, Qin Zhenwei has the ability and obligation to come up with a coping strategy that is beneficial to Universal Games.

It proves that Ren Pingsheng attaches great importance to him, and it also proves that the high salary paid to him by Universal Games is not given in vain.

Qin Zhenwei's face did not change, he was still calm, he just lowered his head and wrote and drew on his black notepad.

After a while, he finally looked up and said what he thought.

Ren Pingsheng smiled, and Xu Tao's face looked much better.

Qin Zhenwei really lived up to expectations.

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