Friends of the latest squat, here I come! The prosecution process starts this week!
Recently, I was surprised to read some legal provisions in the Copyright Law of China and the Criminal Law of the People’s Republic of China. Under normal circumstances, a programmer would not read these legal documents, but there are always accidents in life, I can’t help it. After waiting for the court to accept formally, be about to fight a lawsuit. I’ve never been in court before, so this is my first time in court. The judicial process, it’s gonna take a while. So, it’s going to be a long battle, and I’ll keep you updated as we get closer.
An update on the matter: an indictment!
Moocs is suspected of copying my open source project as the ultimate project of Java Engineer and selling it online. It has been more than 20 days and nights since it was exposed on June 6, 2021. Thank you very much for the attention and support of friends, I feel very warm heart, I also have more motivation and confidence to complete the matter of rights protection.
From the very beginning of the event, many friends commented on my article:
Send a lawyer letter directly!
Sue directly!
Some friends are more radical:
Go ahead, Sue!
His work! Sue him!
As I answered in a previous post, sending a lawyer’s letter and filing a lawsuit is not as simple as taking a breather. There’s a lot of paperwork to go through, and there’s a lot of approvals to go through at the firm, otherwise it can’t be done. It has only been a month since I knew this. In the first half month, I was checking the existence of plagiarism and looking for a lawyer. The actual exposure and preparation of the evidence started in the middle of June, and a lot of pre-prosecution preparation has been done, but the preparation of the material and evidence takes time.
It’s not just about sorting through the evidence. Even the basic audit process of a law firm needs a period of time, such as a lawyer’s letter, from preliminary communication to the confirmation of the copy, to the OA audit in the law firm, and then to the issue, all take a few days, not to say that the issue can be issued immediately.
This is not a matter that can be handled in a short period of time. I understand my lawyer. I am waiting patiently. Don’t rush in the comments section. I wish I could do this right now. Lol.
Prosecution is a necessary step!
Since I chose to expose this matter, I have received no official response or written explanation. On the contrary, the majority of netizens and I witnessed how the platform is “clear to repair the path”, the surface calm, secretly thinking of “destroying the corpse”. In the course suspected of infringement, the source code was provided. Some of my personal information was found in the source code, including the collection code and the logo picture of Newbee-Mall, which has been deleted. The preview address of the final project has also been deleted.
So that’s the attitude of MOOCs.
I had a good laugh too when I found out they had “destroyed the body”. After that, I also advised them to continue to revise, because there were too many places to cover up. Don’t worry, all the evidence has been preserved and notarized, since MOOCs want to hide, so let MOOCs change.
After receiving the lawyer’s letter, they also contacted me twice through the lawyers of both sides. He did not talk about the apology or the infringement, but asked me to stop Posting. After our lawyer asked the other side to apologize legally, the other side’s lawyer gave the attitude that “apology is impossible”. They’ve been saying the same thing from the start: “Checking”. Moocs’ customer service is saying that, MOOCs’ lawyers are saying that, and MOOCs’ officials are still saying that. What about checking for NM? Check it out in court. It’s really a paratrooper. When will the verification process and results be made public?
From the event to now, there has been no one inch to face up to the wrong attitude, attitude is one thing. Behavior is to make people angry! The first step is to destroy the body. Step 2: Play Tai Chi and kick the ball. Step 3: Don’t respond and cool down. The fourth step is to silence the person who has been violated. “Who is suing me?” .
Who the fuck do you think you are? I got scared, you know? Right is right, wrong is wrong, that’s what I’m gonna say!
Well, since you’re stubborn, I’ll start a legal process, but I don’t really want an apology from them anymore. What I want more than anything is a judgment from the court, a winning judgment. I thought you weren’t gonna respond? Don’t you disgust me? You wait till I get the verdict. I may win and I may lose, but if I win, I will nail moOCs to the stigma of plagiarism.
Once the verdict is in favour, it can berate the alleged plagiarism. Recently, many students who bought moOCs contacted me and asked if I could issue a refund to MOOCs on the grounds of suspected plagiarism. This is the point I did not think of, later I will initiate a lawsuit again, asking for the course refund, and even to the consumer association report. We can also provide help to other students who have purchased this course. If they want a refund, they can take this judgment to Sue and ask for a refund.
You want to be quiet and play dead? Want this thing to disappear in the Internet world, I. When the verdict of victory came down and the incident was determined, some big VS and public accounts in the IT industry began to post articles, I do not need your apology. Many public accounts and bloggers why not post this thing, only I a person in the post. Because this matter has not been settled, in case the article caused trouble, it is not cost-effective. My power alone is small, and I know it. But people in the industry also have a balance in mind. If plagiarism is allowed, if the infringement of legal intellectual property rights is allowed, then this is not a healthy industry and a healthy environment, and justice is at the heart of the people! So, what I’m looking forward to most now is a ruling in favor of the court, and I have to try to prosecute this.
Moocs is suspected of copying my open source project and selling it online as the ultimate project of Java Engineer. The complete content of the incident has been recorded in detail in my previous articles. If you want to know the context of the incident, you can go to my homepage to check it.
Prosecution was a necessary step, because I seemed to be dealing with a rascal.
It takes a lot of time to prosecute and file a case. We’re a long way from getting a verdict. Therefore, I can only publish articles. The operation of various platforms is more supportive of the publication of articles about rights protection and the protection of the rights and interests of original creators. Thank you very much.
I posted a question on Zhihu: “How do you think that MOOCs are suspected of copying an open source project as the ultimate project of Java Engineer and selling it online?” Now this question has been read nearly 20,000 times and the number of likes is not bad. I hope you can help me to like or answer, maybe it will be the hot list of Zhihu last time. This period of time is really too busy, after the prosecution, I will also clip the video, and then in B station, today’s headlines, maybe on the hot. After all, the originators hate this kind of thing with “plagiarism” and “plagiarism” most. Since they can’t get due respect, let everyone despise this kind of behavior.
It could take anywhere from three to six months, or more, who knows. In the next few months, I will do my best to make this known to as many people as I can. Platform does not act, that I have to act! Platform does not want to be decent, we help them to be decent together!
The contents of the indictment
The contents of the indictment are the following:
- The plaintiff information
- The defendant information
- The claims
- Facts and Reasons
The plaintiff is me, and the defendant is the company behind MOOCs. The lecturer involved cannot Sue due to the lack of specific materials, and will be adjusted later if complete information is available.
As for the claims, facts, and causes of the lawsuit, they have been laid out in detail in previous articles:
- “Newbee-mall open source project was used as a course by MOOCs, but I had no knowledge of it. What kind of operation is this?”
- “Newbee-mall open source project was used by MOOCs as a course, detailed comparison and record of the project, see here for more details”
- “I spent 3680 yuan to buy a Java employment course on MOOCs, and there was an open source project written by myself!”
- “Newbee-mall Open source project was taken by MOOCs to make a course, the lecturer has apologized, but the course is still on sale”
- Funny! Moocs are suspected of copying open source projects, so far they have not apologized, and are secretly “destroying bodies”
- Latest Evidence: Code similarity reaches more than 90%! Talk about moOCs Suspected plagiarism
In the indictment, it was written and simplified. Otherwise, it would be like five or six thousand words in an article. That indictment would take a long time to write.
The lawyer didn’t advise me to publish the indictment. I don’t know much about the law. So I don’t want to make trouble for myself, just listen to the professionals.
I also don’t want to listen to the other side of the argument, from the beginning of “checking”, still “checking”. I don’t know how long it will take for them to “verify”. After that, they will go through the legal process. Anyway, with the proceedings, it should take a long time. But I was prepared for what I knew would be a “tough fight” from the moment I chose to expose it. Patience, and so on follow-up friends, may have to wait for a while, there is no half a year, should also have no results. But I’m not giving up.
Intellectual property rights should be respected. We should not only care about our own intellectual property rights and not respect others’ intellectual property rights.
Now the incident has not been determined, I can not say something that violates their right of reputation. To be honest, it’s a little surprising that “MOOC”, “programmer’s Dream factory”, “Tongji University”, “Technical University of Munich” and “high achiever” are even remotely related to plagiarism.
The law
In this case, I also took the time to read the relevant legal provisions. The copyright Law of the People’s Republic of China and The Criminal Law of the People’s Republic of China (the latest edition of 2021) are two legal documents.
These days, I will also have a look at the legal provisions. As for this prosecution, I do not know how the specific judgment will be, the following content is for reference only.
Criminal Law of the People’s Republic of China (Latest edition, 2021)
The Criminal Law of the People’s Republic of China (the latest version of 2021) has the following provisions:
Article 217 Whoever, for the purpose of making profits, commits any of the following acts of infringement of copyright or copyright-related rights, if the amount of illegal earnings is relatively large or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal gains is huge, or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined:
(1) copying, distributing or disseminating to the public through information networks a written work, music, fine arts, audiovisual work, computer software or other works prescribed by laws and administrative regulations without the permission of the copyright owner;
(2) publishing a book to which another person enjoys the exclusive right of publication;
(3) copying, distributing or disseminating a sound recording or video recording to the public through information networks without the permission of the producer;
(4) copying and distributing a sound or video recording of a performance without the permission of the performer, or disseminating the performance to the public through an information network;
(5) producing or selling a work of fine arts in which the signature of another person is faked;
(6) without the permission of the copyright owner or copyright-related right owner, deliberately avoiding or destroying the technical measures taken by the right owner for the protection of copyright or copyright-related rights in his/her work, sound recording or video recording product, etc.
Article 218 Whoever, for the purpose of making profits, knowingly sells an infringing copy as prescribed in Article 217 of this Law, if the amount of illegal gains is huge, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than five years and shall also, or shall only, be fined.
Copyright Law of the People’s Republic of China
Article 9 Copyright owners shall include:
(1) The author;
(2) other natural persons, legal persons or organizations without legal personality enjoying copyright in accordance with this Law.
Article 52 Whoever commits any of the following acts of infringement shall, according to the circumstances, bear civil liability for stopping the infringement, eliminating its effects, making an apology, or paying compensation for losses:
(1) publishing a work without the permission of the copyright owner;
(2) publishing a work created in collaboration with another as a work created solely by oneself without the permission of the co-author;
(3) to sign another’s work in order to seek personal fame and wealth without taking part in the creation;
(4) distorting or tampering with the works of others;
(5) plagiarism of a work of another;
(6) using a work by means of exhibition or production of a audiovisual work, or by adaptation, translation or annotation, without the permission of the copyright owner, except as otherwise provided for in this Law;
(7) failing to pay remuneration for using a work created by others;
(8) to rent the original or duplicate of a work or sound recording or video recording without the permission of the copyright owner, performer or producer of the audio recording or video recording work, computer software or sound recording or video recording product, except as otherwise provided for in this Law;
(9) Using the layout design of a published book or periodical without the permission of the publisher;
(10) broadcasting or publicly transmitting a live performance, or recording a performance, without the permission of the performer;
(11) other acts that infringe copyright and copyright-related rights.
Article 53 Whoever commits any of the following tortious acts shall, in light of the circumstances, bear the civil liability provided for in Article 52 of this Law; Tort damage the interests of the public at the same time, by the competent department shall be ordered to stop the infringement of the copyright, a warning shall be issued, confiscate the illegal income, confiscated and destroyed infringing copies innocuity and is mainly used for making infringing copies of the materials, tools, equipment, etc, illegal business revenue of fifty thousand yuan of above, a fine may concurrently be fined more than twice and less than five times the illegal operations. Where there is no illegal business operation, the amount of illegal business operation is difficult to calculate or the amount of illegal business operation is less than 50,000 yuan, a fine of not more than 250,000 yuan may also be imposed; If the case constitutes a crime, it shall be investigated for criminal responsibility according to law:
(1) reproducing, distributing, performing, showing, broadcasting, compiling or disseminating a work to the public through information networks without the permission of the copyright owner, except as otherwise provided for in this Law;
(2) publishing a book to which another person enjoys the exclusive right of publication;
(3) copying or distributing a sound or video recording of a performance without the permission of the performer, or disseminating the performance to the public through an information network, except as otherwise provided for in this Law;
(4) copying, distributing or disseminating to the public through information networks a sound recording or video recording produced by the producer without the permission of the producer, except as otherwise provided for in this Law;
(5) broadcasting, reproducing or disseminating radio and television to the public through information networks without permission, except as otherwise provided for in this Law;
(6) without the consent of the copyright owner or copyright-related right owners, shunned or destroy the technical measures, purposely manufacture, import or provide to others is mainly used to avoid, destroy the technical measures of devices or components, or intentionally avoid or destroy the technical measures for others to provide technical services, except as otherwise provided by laws and administrative regulations;
(7) without the consent of the copyright owner or copyright-related right owners, intentionally delete or change the work, the format design, performance, sound recording or video recording or broadcast, TV rights management information, knows or should know that works, format design, performance, sound recording or video recording or broadcast, TV rights management information without permission to be deleted or changed, Where it is still available to the public, except as otherwise provided by laws and administrative regulations;
(8) producing or selling a work with a false signature.
Article 54 Where copyright or copyright-related rights are infringed, the infringer shall pay compensation according to the actual losses suffered by the right holder as a result or the illegal gains of the infringer; Where it is difficult to calculate the actual losses of the right holder or the illegal gains of the infringer, compensation may be made with reference to the said royalty. In case of intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be paid between one time and five times of the amount determined in accordance with the above methods.
Where it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer or the royalties for the rights, the people’s court shall, in light of the circumstances of the infringing act, make a judgment of compensation of not less than 500 yuan but not more than 5 million yuan.
The amount of compensation shall also include reasonable expenses incurred by the right to stop the infringement.
In order to determine the amount of compensation, if the obligee has fulfilled the necessary burden of proof and the account books and materials related to the infringing act are mainly in the hands of the infringer, the people’s court may order the infringer to provide the account books and materials related to the infringing act. If the infringer fails to provide, or provides false account books, materials, etc., the people’s court may determine the amount of compensation by referring to the claims of the right holder and the evidence provided.
When trying a case of copyright dispute, the people’s court shall, at the request of the right holder, order the infringing copies, except in special circumstances, to be destroyed; The materials, tools and equipment mainly used for making infringing copies shall be ordered to be destroyed and no compensation shall be made; Or, under special circumstances, order the aforesaid materials, tools and equipment to be prohibited from entering commercial channels without compensation.
Article 56 Where a copyright owner or a copyright-related right owner has evidence to prove that another person is committing or is about to commit acts that infringe upon his or her rights or interfere with the realization of his or her rights, which, if not stopped in time, will cause irreparable damage to his or her lawful rights and interests, They may, before bringing a suit, apply to the people’s court in accordance with the law for the adoption of measures such as property preservation, ordering or prohibiting certain acts.
In handling the application mentioned in the preceding paragraph, the people’s court shall apply the provisions of Article 93 through Article 96 and Article 99 of the Civil Procedure Law of the People’s Republic of China.
Article 57 In order to stop an act of infringement, the copyright owner or the owner of copyright-related rights may apply to a people’s court for preservation of evidence in accordance with the law before instituting legal proceedings under circumstances where the evidence may be destroyed or difficult to obtain in the future.
Article 58 When trying a case, the people’s court may confiscate the illegal gains, infringing copies and property used in illegal activities in case of infringement of copyright or copyright-related rights.
conclusion
Waiting for justice to be executed, if the infringer has not faced up to his mistake, and is still trying to cover up, then you really want to blind heart.
Moocs, as the leading IT education platform in China, should carry the banner of protecting intellectual property, safeguard the legitimate rights and interests of originators, severely crack down on plagiarism, plagiarism and piracy, and set a good example for its peers. Never try to infringe on a developer’s legitimate intellectual property rights from above, and never encourage such abuses. Moocs, your sword should point to the dragon!
I’m programmer thirteen. As for the event that MOOCs modified my open source project Newbee-Mall and sold it online without notice or authorization, I didn’t just write this article, nor did I publish it on one platform. These articles have been published simultaneously on 13 platforms, including Jinri Toutiao, wechat official account, Weibo, Zhihu, Bilibili, Digg gold, Blog Park, CSDN, InfoQ writing platform, Si Fu, 51CTO, OSCHINA, Tencent Cloud + community, all under the name of “Programmer 13”.
I will continue to voice in my wechat public account, follow me to see the details of the event and the latest progress, after all, in other platforms may be inexplicable articles “no”. Also hope that you see the article friends can help forward, thank you again.
If there is a need to reprint friends, indicate the source can be reproduced, or you can contact me for article authorization.
I have been Posting articles, and many friends suggested that I make videos and send them to various video platforms. I can only record the screen, clip and video processing, but not, if you are interested in this matter and have the ability to clip friends can contact me, I will provide all the material, this matter exposure and rights protection record, released to various video platforms.
June 6, 2021 was the first time I spoke out about this incident, and since then I have published six articles in total:
- “Newbee-mall open source project was used as a course by MOOCs, but I had no knowledge of it. What kind of operation is this?”
- “Newbee-mall open source project was used by MOOCs as a course, detailed comparison and record of the project, see here for more details”
- “I spent 3680 yuan to buy a Java employment course on MOOCs, and there was an open source project written by myself!”
- “Newbee-mall Open source project was taken by MOOCs to make a course, the lecturer has apologized, but the course is still on sale”
- Funny! Moocs are suspected of copying open source projects, so far they have not apologized, and are secretly “destroying bodies”
- Latest Evidence: Code similarity reaches more than 90%! Talk about moOCs Suspected plagiarism
June 28, 2021, is the sixth time I have spoken out about this incident, which is why you are reading this article. I will continue to update this rights protection event.
In addition to indicate the reprint/source, all are the author’s original, welcome to reprint, but without the consent of the author must retain this paragraph of statement, and in the article page clearly given the original link, or reserve the right to seek legal responsibility.