In the process of Wemade’s complaint, the infringer provided “Shanda authorization documents” to Apple, according to which, on February 10, 2017, Shengji Information Technology (Shanghai) Co., Ltd. (“Sheng Ji”, “盛绩信息技术(上海)有限公司” in Chinese) authorized Wuxi Chang Yong Network Technology Co., Ltd. (“Chang Yong”, “无锡常用网络科技有限公司” in Chinese) to develop a mobile game named “Chuan Qi Zhan Yu” based on the game “Chuanqi World” (《传奇世界》), and Chuang Yong was also authorized to publish, operate, advertise and promote that mobile game.
However, Wemade submitted detailed game comparison documents to Apple Store to prove that “Chuan Qi Zhan Yu 3D” (《传奇战域3D》) is highly similar with “The Legend of MIR II” (《热血传奇》in Chinese). According to the PRC Copyright Law as well as its judicial practice, any “Chuanqi World” (《传奇世界》) adapted games must not infringe the copyright of “The Legend of MIR II” as well. Therefore the infringing game “Chuan Qi Zhan Yu 3D” (《传奇战域3D》) has been removed from Apple Store, which shows Apple’s acceptance of Wemade’s claims.
In fact, Wemade is the developer of the game “The Legend of MIR II” (《热血传奇》), and it has ownership for its related IP rights. The PC client online game “Chuanqi World” (《传奇世界》) was “self-developed” by Shanda in the year 2002 taking advantage of Shanda’s position as the sole licensee for the PC client online game “The Legend of MIR II” (《热血传奇》) in China. However, “Chuanqi World” (《传奇世界》) is identical or highly similar with “The Legend of MIR II” (《热血传奇》) in almost all aspects including professions of characters, skills and attributes, scene settings, properties, possessions, accessories, monsters, NPC, parameters, etc. In 2003, Wemade brought a civil litigation against Shanda regarding “Chuanqi World” (《传奇世界》) claiming for copyright infringement and unfair competition before Beijing Frist Intermediate People’s Court IP Tribunal, and both parties reached a settlement in 2007. However, Wemade did not agree that Shanda could adapt or authorize others to adapt any other games based on the disputed PC client online game “Chuanqi World” (《传奇世界》).
鉴于《传奇世界》游戏本身与《热血传奇》的高度近似性，任何基于《传奇世界》开发的与《传奇世界》相似的新游戏都不可避免的同样与《热血传奇》构成近似。任何侵权游戏中只要使用了《热血传奇》的独创性表达要素，包括但不限于角色名称、人物设置、物品名称、技能名称、装备、怪物、NPC、攻城战等，则不可避免地侵犯了《热血传奇》的著作权。对于侵权游戏娱美德定会维权到底。
2017年4月25日，应韩国娱美德娱乐有限公司(“娱美德”)的维权投诉要求，苹果公司下架了基于《传奇世界》改编的手机游戏——《传奇战域3D》。
Shanda’s license for operating the PC client online game “The Legend of MIR II” (《热血传奇》) will expire this year. Considering Shanda’s authorization of “The Legend of MIR II” (《热血传奇》) to others without copyright owner’s consent and its damage to the copyright owner’s legitimate rights, Wemade could hardly extend Shanda’s license after its expiry. Accordingly, Shanda recently begins to grant for authorization based on “Chuanqi World” (《传奇世界》), attempting to bypass the copyright owner of “The Legend of MIR II” (《热血传奇》), and trying to prove its “legitimacy” based on Wemade’s admission of Shanda’s copyright in the PC client online game “Chuanqi World” (《传奇世界》) in the year 2007. However, it cannot overturn the fact that the game “Chuanqi World” (《传奇世界》) is identical or highly similar with the game “The Legend of MIR II” (《热血传奇》). If any game adapted from “Chuanqi World” (《传奇世界》) is also similar with “The Legend of MIR II” (《热血传奇》), it would also constitute copyright infringement of “The Legend of MIR II” (《热血传奇》). As alerted by the Apple Store’s removal of “Chuan Qi Zhan Yu 3D” (《传奇战域3D》), game companies should distinguish who is the real copyright owner when obtaining copyright authorizations, respect legitimate IP rights, and avoid to compensate for potential infringements.
在娱美德的投诉过程中，侵权方向苹果公司提供了所谓的盛大授权文件。文件显示，2017年2月10日，超变态网页游戏大全，盛绩信息技术(上海)有限公司(“盛绩信息 ”)授权无锡常用网络科技有限公司(“无锡常用 ”)基于《传奇世界》开发一款名为“传奇战域”的手机游戏，并授权无锡常用发行、运营、宣传和推广该手机游戏。
盛大授权《传奇世界》改编游戏遭苹果商店下架，《热血传奇》 著作权不容侵犯。
