Tuesday, September 14, 2010

"Tomato Garden" case of first instance pronounced loss of Chengdu, a total of over 10 million soft

Ignited controversy last year, the "tomato garden" Internet piracy cases that come to an end. Reporter learned yesterday from Microsoft China, Suzhou City, Suzhou New District People's Court on the tomato garden to make first-instance ruling copyright infringement case, and the case Xiangguan Tomato Garden in Chengdu, a total of four soft Network Technology Co., Ltd. and the crime of copyright infringement related to the defendant to be punished section and held criminally responsible. Among them, the former station chief of tomato garden Hong Lei was sentenced to three and a half years and fined one million yuan, Chengdu, was sentenced to a total of Soft Networks confiscate the illegal gains and fines totaling more than 10 million yuan.

Pronounced: Chengdu were damaged network is not a small soft

One year later, the case of the first trial of tomato garden formal sentencing. Tomato Garden station in operation in the overall planning and control of business operations Sun Xianzhong tomato garden, was sentenced to three and a half years and fined 1 million yuan; original Tomato Garden station Hong Lei was sentenced to three and a half years, and fined one million yuan. The case of the other two defendants Tianping, Zhuo Yong Liang were sentenced to imprisonment for 2 years and fined 100,000 yuan.

Meanwhile, with the case were related to the soft network Technology Co., Ltd. Chengdu, was sentenced to 292 million yuan of illegal income confiscated and impose a fine of three times the illegal income, about 8.77 million yuan. Yesterday, the reporters on this matter and common software relevant persons, the other party that the current inconvenience to comment on the matter.

Sun Xianzhong one case the defendant, that the original soft-Network Technology Co., Ltd. Chengdu, president of Sun Yu, Tian-Ping Zhang and another defendant, it is soft and common office in the same floor with an office in Chengdu, red berries and Technology Corporation. It is understood, Chengdu were soft by the impact of Tomato Garden case, development was not a small effect. Previously, Sun led the implementation of soft rain and optimization of M & A master development team, which was once were the soft target fixed on the market, but now these have been shelved.

Guess: Microsoft To deter piracy win7

Last year, Microsoft launched in China within the large-scale anti-piracy operation, first chose a tomato garden "surgery." August 2008, in Microsoft's reported, the local public security department had seized the site, and the related suspects were arrested, has created a stir in the industry. Microsoft subsequently launched a series of anti-piracy measures, including a greater impact was the "black" event and so on.

The first instance sentenced the tomato garden, Microsoft will position it as "a declaration of China's largest Internet software piracy group's demise, is the network of China's crackdown on software piracy as a milestone." However, the case for sentencing tomato garden time, the industry has not less speculation. It is reported that Microsoft's next-generation operating system, Windows 7 will be officially listed in October this year, but the time recently on the market there have been pirated Windows 7 CD-ROM software. Some industry insiders believe Microsoft hopes the case's decision to deter those who will operate win7 the pirates.

The first response from the successful large-scale anti-piracy case

Yesterday, for the case of the verdict, the Business Software Alliance believes that this is China's first large-scale network software piracy against the success of the criminal case.

Shanghai Bar Association and Deputy Director of Intellectual Property Rights Committee Min key tour that reveals the Tomato Garden case of piracy, a new industrial chain, the chain in this industry, many companies parasitic on pirated software, pirated software through the download, use, direct marketing its software or services, such parasitic acts not only harm the interest of copyright owner also deprived the user rights of their choice related services so that users were forced to become a particular advertisement audience of piracy steel makers, and made huge illegal interests.


Hong Lei exposes: how rogue software bundled with a monthly income of 100 000

Tomato Garden version of Windows XP on Hong Lei as the "tomato door" after imprisonment, Hong Lei a chat with friends online exposure recording, Hong Lei talking about the tomato garden in which the development process, relying on detailed analysis of the tomato garden rogue software bundled monthly income of more than 10 million profit model, and to disclose a modified version of XP operating system, many industry insider. Hong Lei said in the recording information, Tomato Garden's profit model has three types: a tomato garden Wang Zhan of the clicks on the ad; 2, Hong Lei through their web site provides landscaping package including XP, including software downloads, Zhe Xie a rogue software in the Kun Bang Software, Hong Lei, therefore two or three million profit per month; 3, through the pre-installed version of the rogue software, tomato garden, bring traffic to advertisers or registered users, more than 10 million profit this month.


Tomato Garden case

Confrontation and Law test of Chinese Internet users

After being detained in Hong Lei, Sina.com has launched a special investigation, more than 150,000 voters have 91.39 percent said "have used the" tomato garden or a similar modified version of the operating system; the answer "on your tomato garden regarding the detained attitude ", the support of tomato garden to 79.88%.

"About Bacheng of respondents support the tomato garden, can not say that they are right. Because Internet users with emotional factors, there are some people, on the understanding and awareness of intellectual property law is a superficial or even wrong." China University of Political Science Civil and Commercial Law Intellectual Property Law Institute Economic PhD supervisor, Professor Intellectual said.

It is understood that the price of a genuine Windows XP is over 1000 yuan, while a modified version of Tomato Garden CD prices, selling prices in major cities in five yuan to 10 yuan.

1 User message: "We strongly support the Hong Lei are, not because they are pirated Windows XP, but because we are stuck with Windows XP depth, Microsoft this' dealer 'too dark, in order to maximize their own interests, to the high prices to' deprived of 'mortal, and the poor in the cyber world' right to life '. "

An Internet celebrities think that the reason why Tomato Garden has been widespread interest because for many years Microsoft has not really against piracy, but the use of pirated software market share against competitors, "let you steal, etc. After you become addicted the future, we will come to collect the money. "

The "tomato" incident, Chinese Academy of Sciences Ni Guangnan author pointed out that no matter what Microsoft is for the purpose, we should all learn a lesson from this incident, to accelerate the licensed software. Software piracy on its own is far greater than the dangers the dangers of transnational software company. Although piracy reduced the income of multinational corporations, but also help them to maintain a monopoly position. China Youth Daily

Tomato Garden website

Is a on May 11, 2004 for domain name registration, the main provider of pirated software downloads, somewhat famous site in the country. Website of the allegedly infringing products cover a variety of domestic and foreign well-known software vendor, including the Business Software Alliance member companies of the products. According to unofficial estimates, Tomato Garden version of pirated Windows XP software installed capacity more than 10 million, so the group and the website also has been regarded as piracy Microsoft representative.

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