The plaintiff Autodesk Limited by Share Ltd (hereinafter referred to as Autodesk company) for the accused of Beijing Dragon Building Decoration Engineering Company Limited (hereinafter referred to as the long Corporation) of infringing the copyright of computer software, filed a lawsuit to Beijing second intermediate people's court.
The Plaintiff alleged that: the plaintiff is 3ds Max series and AutoCAD series of computer software copyright owner. Permit the defendant without the plaintiff without long Corporation, install and use the plaintiff in the subordinates of the place of business of the software 94 set, which cause enormous economic losses to the plaintiff. Therefore, the request shall order the defendant: 1 immediately stop the infringing act; 2 in the "Beijing Evening News" and other "Beijing Youth Daily" raphe non advertising space on an apology to the plaintiff to make an open; 3 compensation to the plaintiff's economic loss of 1737700 yuan; 4 compensation to the plaintiff to expenditure translation fee 2070 yuan, business query costs 180 yuan, investigation and evidence collection and the lawyer fee 50000 yuan, a total of 52250 yuan; in the case of all 5 burden of litigation expenses.
The plaintiff company Autodesk submitted the following evidence:
And to prove that the long corporation without permission to install and use the software business involving the type and amount of field record list check; 3 Beijing Municipal Copyright Bureau, field notes on the house was long Corporation store, to prove that the Beijing Municipal Copyright Bureau for many times after the inspection of law enforcement, long corporation still intentionally to continue its infringement; 4 purchase special invoices quotation software, software, is used to prove the actual loss of market price and Autodesk company in software; 5 translation fee invoices, business query invoice fee invoice, attorney's fees, in order to prove that the Autodesk company as the litigation expenses; 6 Beijing right joint document No. [2001]16, (99) Beijing prospecting pipe eighty-fifth word document, Beijing Rong Tatsu Software Technology Co., Ltd. (hereinafter referred to as Rong Chuangda company) proof instructions, Beijing nayier Technology Co., Ltd, to prove that involved in the software market prices, and prove that the software involved only in specific period for specific subject to preferential price.
The defendant argued that the defendant the plaintiff: purchase genuine software, deliberately do not have the software copyright infringement of the plaintiff. Due to the plaintiff of legitimate software prices are too high, the defendant is in his own computer installed in other firms can substitute the plaintiff roles of legitimate software. As for the plaintiff sues software, is the defendant company individual employees without the defendant to permit, install secretly in their use of the computer, not the defendant for his business and infringement. Moreover, the plaintiff submitted software price is inconsistent with the facts, the claim amount is too high, and the lack of evidence, the claim can not agree.
The defendant long Corporation submit the following evidence:
The 1 "CAD" software genuine cooperation agreement, in order to prove that the long Corporation is committed to promoting the legalization, install other software can replace the involved software; 2 special invoice, to prove that the long corporation had purchased Autodesk company of legitimate software, with genuine consciousness; 3 relevant CAD genuine project quotation, to prove that the AutoCAD 14 user price of 4950 yuan; 4 software quotation, in order to prove that the AutoCAD preferential price 2000 to 15500 yuan, 3ds Max 4 of the price of 21500 yuan.
The court presided over the cross examination, authentication. After cross examination, the plaintiff to submit evidence of Autodesk company, the defendant long corporation that: in addition to cannot confirm "on long Corporation business network related information", "(99) Beijing prospecting pipes, eighty-fifth word document", "Autodesk quotation" and "Rong Tatsu company that" the evidence of the authenticity of several besides, other evidence is true, but or not relevant to the case, or do not have to prove the plaintiff wants to achieve purpose. The long Corporation submit evidence, Autodesk believes that: evidence from 1, 2 is not relevant to the case, in doubt the authenticity of the evidence of 3 hypothetical evidence; 3 is true, also applies only to the area of genuine batch purchased; evidence of 4 refers to the preferential price, not the market price, and the preferential price can not applicable to the infringer.
Beijing second intermediate people's court found:
The plaintiff Autodesk company is a company of the United States, the United States of America and the people's Republic of China are the "Convention on the protection of literary and artistic works Berne" (hereinafter referred to as the "Berne Convention") members.
The 3DS Max 3, 3ds Max 4, 3ds Max 5 is the animation and rendering of 3D building model, the solution of software, AutoCAD 14, AutoCAD 2000 is a 2D Drafting and detailing and 3D design software tools, the plaintiff company Autodesk has just five kinds of computer software in the United States of America for copyright registration.
The defendant long Corporation is a professional engaged in the residential and public building decoration, design and construction of the enterprise.
In April 23, 2002 and October 11, 2003, Beijing Municipal Copyright Bureau law enforcement officers in the inspection of the computer software copyright status, the two found the Licensor nine business outlets in the city of Beijing without copyright defendants long Corporation, unauthorized installation and use of 3DS Max series and AutoCAD series software, a total of 61 sets. In addition, the application by the plaintiff company Autodesk, the court in June 17, 2003 on the long Corporation in four other business in Beijing City outlets pretrial evidence preservation, found the license for the four business outlets without copyright person, unauthorized installation and use of 3DS Max series and AutoCAD series software, a total of 33 sets. Long corporation without installing and using the software were: 3ds Max version 3 software 2 set, 3ds Max version 4 software 17 set, 3ds Max version 5 software 8 set, 40 sets of AutoCAD 14 version of the software, AutoCAD version 2000 software 27 set, 94 sets of total.
The software market price: 3ds Max 3 3ds Max 5 at 18800 yuan, 24000 yuan per set, AutoCAD 14 at 10000 yuan, 18500 yuan per set AutoCAD 2000.
