Pre-Litigation Stopping of Mobile Game Plug-in Suspected of Unfair Competition

Recently, Chongqing Tencent Information Technology Co., Ltd. (hereinafter referred to as Chongqing Tencent) and Shenzhen Tencent Computer System Co., Ltd. (hereinafter referred to as Shenzhen Tencent) applied to the People’s Court of Pudong New Area, Shanghai for pre-litigation behavior preservation, requesting the respondent immediately stop providing and promoting the virtual positioning plug-in that hinders the normal operation of the mobile game “to catch the demon”.

The Pudong Court ruled on 27 August that the respondent should stop the act immediately and execute it immediately after the service of the ruling.

According to the two applicants, Chongqing Tencent is the copyright owner of the game “to catch the demon”, and has authorized Shenzhen Tencent to operate the game exclusively. Based on mobile phone real-time positioning system and AR technology, the game allows players to capture virtual demons in the game by changing the real geographical location.

The two applicants found that the virtual positioning plug-in provided and promoted by the respondent “cheated” the positioning system of the game by altering the operating environment of the mobile phone, so that the game players can quickly change their geography through the virtual positioning plug-in and capture the demons without actual displacement. This plug-in seriously undermined the fairness of the game, and constituted unfair competition.

Thus, the two applicants filed the above-mentioned behavior preservation application with the Pudong Court, and submitted with guarantee the evidence of the ownership of the game involved, the evidence of the respondent’s alleged unfair competition, the evidence of the online download volume of the game involved, and the evidence of the impact caused to the applicants due to the virtual positioning plug-in involved.

The court believed that since the AR exploratory mobile game is based on real-time location, geographical location is the core element of the game. By modifying the geographical location in the game, the virtual positioning plug-in provided and promoted by the respondent broke the balance between the players’ time and money input and gains. As a result, the opportunities for the applicant to obtain revenue through value-added services are reduced, and their legitimate rights and interests are damaged.  The respondent’s intention to seek profits through the game is obvious, and its acts are suspected of unfair competition.

Accordingly, the Pudong Court ruled that the respondent should immediately stop providing and promoting the virtual positioning plug-ins.

August 30, 2019

Source: www.Chinanews.com

Photo from: 699pic.com