http://www.legaldaily.com.cn/index/content/2020-12/30/content_8394921.htm
wait and see what happens next
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Zhang Wei, a reporter for the Legal Daily
Recently, the People's Court of Yuexiu District, Guangzhou City, Guangdong Province, and the People's Court of Zhonglou District, Changzhou City, Jiangsu Province, made the first batch of domestic Nintendo Switch crack case injunctions, ruling that a video game store in Guangzhou and an electronic product business in Changzhou immediately stop making and selling non-genuine Nintendo Switch game consoles, respectively. It is understood that these two injunctions are the first domestic litigation injunctions involving the cracking of host games.
It is understood that Nintendo Switch is a console released by Nintendo in 2017 with an integrated home console and handheld design, and received strong reactions on its debut. In February last year, Tencent signed an agreement with Nintendo, in which both parties agreed that Tencent would act as the exclusive distributor of Nintendo Switch in mainland China. on December 10, the national version of Nintendo Switch was officially launched in the official channel.
Subsequently, following reports from consumers, Tencent discovered that a number of stores were making and selling non-genuine cracked versions of the Nintendo Switch console. The merchants soldered chips on the original genuine game console and changed the original circuit structure and operation system so that the console could run pirated games, thereby earning the difference in price. In response to the above, Tencent filed lawsuits against a number of stores in Guangzhou and Changzhou.
The Yuexiu District Court held that a Guangzhou electronic game shop's unauthorized sale of modified Nintendo Switch game console products was contrary to the principle of good faith that operators should follow in their production and operation activities, disrupted the order of market competition, and harmed the applicant's legitimate rights and interests. Accordingly, the court ruled that it immediately stopped selling non-genuine Nintendo Switch game consoles.
The Zhonglou District Court held that the business related to Nintendo Switch operated by the applicant was highly known, and it would be difficult to control the infringement if the behavior preservation measures were not taken in a timely manner, and accordingly ruled that a Changzhou electronic product merchant company immediately stopped making, selling and advertising non-genuine Nintendo Switch game consoles.
Some experts said that with the booming development of the domestic console game industry in recent years, "brush" "crack" and other piracy products are also gradually growing. The two bans have positive significance for regulating the behavior of relevant market players and establishing a good copyright ecological environment in the game console industry.
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