The plaintiff's agent claimed that Wan Fang Data Company incorporated the plaintiff's doctoral or master's degree thesis into its database without permission, and sold the database to users such as libraries of scientific research institutions, and the database users provided online browsing or downloading full-text services in their local area networks. Each author claims according to the standard of 100 yuan, and the amount claimed in each case is 10000 to 30000.
After the trial, Wan Fang Data Company filed a request to the court not to hear the case in public on the grounds that the case involved commercial secrets, but the court refused to allow it.
According to the agent of Wan Fang Data Company, the database of papers involved in the case mainly serves the libraries of scientific research institutes and public libraries, and it is only used in the local area network, not on the Internet. Its purpose is to promote scientific research results, which has obvious public welfare. The company does not charge users any fees except production costs, and there is no profit-making behavior and does not constitute infringement.
At the end of last year, Wan Fang Data Company was sued by six doctors, and the court ordered Wanfang Company to pay compensation ranging from 65438+2000 yuan to 6000 yuan.
The statement that out-of-court interviews are "non-profit" is untenable.
Under the court, Li Xiaolin, the plaintiff's attorney, said in an interview that the defendant's statement of "non-profit" was not valid. A library used the database of Wanfang Company and paid more than 700,000 yuan for the database construction. Moreover, Wanfang Company once admitted that its market share is very large. "Six doctors sued them last year. They admitted in court that the market share covers 50% of the university market. In other words, hundreds of colleges and universities bought their databases. "
Lawyer Li pointed out that since these works can be copied, the cost of copying is very low, which leads to the rich profits of Wanfang Company. "For example, building a database costs 6.5438+0 million yuan. The price set by the company for the database is also 6.5438+0 million yuan. Isn't this company profitable? Of course not. They can sell the database many times.