indictment! If you dare to plagiarize on Muke.com, I dare to sue you!

indictment! If you dare to plagiarize on Muke.com, I dare to sue you!

Friends of the latest development of the squatting incident, here I am! The prosecution process will begin this week!

Recently, I was also reading some legal provisions in the "China Copyright Law" and the "Criminal Law of the People's Republic of China", which is also very surprising. Under normal circumstances, a programmer would not read these legal documents, but there are always accidents in life, and I can't help it. After the court formally accepts it, a lawsuit is about to be brought. I have never entered a court before, and this should be considered the first time a lawsuit has been filed. The judicial process should take a long time. Therefore, this will be a protracted battle, and I will update it as soon as there are new developments.

The latest development of the incident: the indictment!

Muke.com is suspected of plagiarizing my open source project as the ultimate project of "Java Engineer" and put it on line for sale. This incident has been exposed on June 6, 2021, and it has been more than 20 days and nights so far. Thank you very much for your attention and support. I feel very heartwarming, and I am more motivated and confident to complete the task of defending rights.

At the beginning of the incident, many friends left messages at the bottom of my article:

Send the lawyer's letter directly!

Sue directly!

Some friends are more radical:

Grim Haw, sue directly!

Fuck him! Sue him directly!

I also answered in the previous article that sending a lawyer's letter and prosecuting is not as simple as taking a breath. There are a lot of materials to be sorted out, and there are a lot of approvals in the law firm, otherwise it would be impossible to do it. It has been only one month since I learned about this matter. The first half month was to confirm the existence of plagiarism and to find a lawyer. The actual exposure and sorting of evidence materials started in mid-June, and a lot of pre-litigation preparations have been made, but the sorting of these materials and evidence will take time.

It's not just about collating evidence. That is, the basic review process of a law firm takes a while, such as a lawyer s letter, from initial communication to confirmation of the copy, to the OA review in the law firm, and then to the issuance. It takes a few days, not that it can be issued immediately. dispatched.

This matter cannot be handled in a short period of time. I understand my lawyer. I am waiting patiently, and I hope everyone can wait patiently. Don't rush in the comment area, I can't wait to open the court now, hahaha.

Prosecution is a step that has to be taken!

Since I chose to expose this matter, I have not received any official response or written explanation. On the contrary, a large number of netizens and I have witnessed how the platform "opens up the plank road and hides the warehouse". The surface is calm and the waves are quiet, and they are thinking of "destroying the corpses" behind their backs. The source code is provided in the suspected infringement course. I found some personal information in this source code, including the payment code and the logo image of newbee-mall, which have now all been deleted. The preview address of the previous ultimate project is also Deleted, now everyone goes in to see the preview content, all have been changed.

The above is the attitude of MOOC.

I also laughed for a long time after discovering that they had "destroyed their bodies". After that, I also gave them suggestions to continue to modify, because there are too many places to cover up. Don't worry, all the evidence has been reserved and notarized. Since Mukenet wants to cover up, let Mukenet change it.

After receiving the lawyer's letter, they also contacted me twice through the lawyers of both parties. Neither apology nor infringement incidents were discussed. Instead, I was asked to stop posting. After our lawyer made a legitimate demand for the other party's apology, the other party's lawyer gave an attitude of "it is impossible to apologize." They had a set of rhetoric from the very beginning: "verification is under way." The customer service of Muke.com is the rhetoric, the lawyer of Muke.cn is the rhetoric, and the official Muke. What about verifying NM? Go to the court for verification. He is really a big paratrooper. When will the verification process and results be announced?

From the occurrence of the incident to the present, there has not been a single bit of a wrong attitude. The attitude is one aspect. The behavior is even more annoying! The first step is to "destroy the corpses." The second step is to play Tai Chi and kick the ball. The third step is to stop responding and reduce heat. The fourth step is to ask the victim to shut up, "Who in the court sued the official and why?".

Hehe, who do you think you are? Am I scared? Right is right, wrong is wrong, I just accept it!

Since you are dead, I will resort to legal proceedings. In fact, I don't particularly want their apology now. What I want most now is the court's verdict, a winning verdict. Are you not responding? Don't you disgust me? You wait for me to get the verdict. After the prosecution, it is possible to win or lose, but once the case is won, I must nail MOOC to the shame of plagiarism and plagiarism.

Once you get the winning verdict, you can openly denounce this suspected plagiarism. Recently, many students who have purchased the course of MOOC.com have contacted me and asked if I can issue a refund to MOOC.com on the grounds of suspected plagiarism. This is something I didn't expect. Later, I will file a lawsuit again, request a refund of the course, and even report it to the consumer association. You can also provide help to other students who have purchased the course. If you want to get a refund, you can take this judgment to sue and request a refund.

Do you want to be silent, want to pretend to be dead? Want to make this thing disappear in the Internet world, I QNMD! After the verdict of victory comes down and the incident is qualitative, when some big V and public accounts in the IT industry start to post articles, I don't need your apology anymore. Why don't many official accounts and bloggers post this matter? I am the only one posting it. It's because this matter has not been finalized yet, in case an article gets into trouble, it's not worthwhile. My strength alone is very small, and I have self-knowledge. But people in the industry also have a balance in their hearts. 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, fairness and freedom! Therefore, what I am most looking forward to now is the court's victory judgment, and I must also try to sue this method.

Mukenet is suspected of plagiarizing my open source project as the ultimate project of "Java Engineer" and selling it online. The complete content of the incident has been recorded in detail in my previous article. Friends who want to understand the ins and outs of the incident can check it out on my homepage.

The prosecution is a step that I have to take, because what I ran into seemed to be a smasher.

After prosecuting and filing a case, it takes a lot of time. It's a long time before we get the verdict. So I can only post articles. The operations of various platforms support the publication of articles on rights protection and protection of the rights of original creators. Thank you very much.

On Zhihu, I posted the question " How do you treat the suspected plagiarism of open source projects by Muke.com as the ultimate project of "Java Engineer" and put it on sale? "Now this question has been read almost 20,000, and the number of likes is also good. I hope everyone can help me like or answer it. Maybe it will be the last time I know the hot list. This time is really too busy. After the prosecution, I will edit the video and post it on station B and today's headlines. Maybe it will be popular again. After all, the original creators hate this kind of things that are related to "plagiarism" and "plagiarism." Since they don't get the respect they deserve, let everyone spurn this behavior together.

It may take 3-6 months or even longer to go to court. No one can tell. In these few months, I will do my best to let more people know about this. If the platform doesn't do anything, then I have to do something! The platform doesn't want to be decent, we help them decent together!

Contents of the indictment

The content of the indictment is the following:

  • Plaintiff Information
  • Defendant information
  • Claims
  • Facts and reasons

The plaintiff is me, and the defendant is the company behind MOOC. The lecturer involved did not provide specific information and could not sue. If there is complete information in the follow-up, adjustments will be made.

As for the claims, facts and reasons, the previous articles have already stated in detail:

In the indictment, the written language is used, which simplifies some content. Otherwise, as if it is five or six thousand words in one swipe when posting an article, the indictment will be too long.

The lawyer does not suggest that I publish the complaint. I don't know much about the law. So I don't plan to cause trouble for myself, just listen to professionals.

I didn't bother to listen to the other party's rumors. From the beginning of "verification", it is still "verification" now. I don't know when they want to "verify", and after that, they will go through legal procedures. Anyway, if you go through the proceedings, it should take a long time. However, I have made sufficient preparations. From the beginning of my choice to expose this incident, I knew it would be a "bad battle". Be patient. For the follow-up friends, you may have to wait a little longer. There is no one for six months and one year, and there should be no results. However, I will not give up.

Intellectual property rights must be respected, and you cannot only care about your own intellectual property rights and disrespect the intellectual property rights of others.

The incident has not yet been finalized, and I cannot say anything that infringes on their right to reputation. But to be honest, "Mukenet", "Programmer's DreamWorks", "Tongji University", "Munich University of Technology", and "Xueba", these words can actually be contaminated with "plagiarism", and they also let People are quite surprised.

Legal provisions

In this rights protection incident, I also took the time to look at the relevant legal provisions. Mainly two legal documents, "The Copyright Law of the People's Republic of China" and "Criminal Law of the People's Republic of China (2021 Latest Edition)".

The legal provisions in it, these days I will take a look at it when I have time. As for the specific judgment after this prosecution, I am not clear, the following content is for reference only.

"Criminal Law of the People's Republic of China (Updated in 2021)"

The Criminal Law of the People's Republic of China (Updated in 2021) has the following legal provisions:

Article 217 [Crime of Copyright Infringement] For profit-making purposes, one of the following circumstances of infringement of copyright or copyright-related rights, a large amount of illegal gains or other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years If the illegal gains are huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and be fined:

(1) Without the permission of the copyright owner, copying, distributing, or disseminating written works, music, fine arts, audiovisual works, computer software, and other works prescribed by laws and administrative regulations to the public through information networks;

(2) Publishing books for which others enjoy exclusive publishing rights;

(3) Without the permission of the producer of the sound recording and video recording, reproduce, distribute, and disseminate the sound recording and video recording made by him to the public through the information network;

(4) Copying and distributing audio and video recordings of their performances without the permission of the performers, or disseminating their performances to the public through information networks;

(5) Making and selling fine art works that counterfeit the signatures of others;

(6) Without the permission of the copyright owner or the copyright-related right owner, deliberately avoiding or undermining the technical measures taken by the right owner to protect copyright or copyright-related rights for his works, audio and video products, etc.

Article 218 [Crimes of Selling Infringing Copies] For profit-making purposes, where the sale of infringing copies as stipulated in Article 217 of this law is known, the amount of illegal gains is huge or there are other serious circumstances, the penalty is five. Fixed-term imprisonment for less than one year, concurrently or solely with a fine.

"The Copyright Law of the People's Republic of China"

Article 9 Copyright owners include:

(1) Author;

(2) Other natural persons, legal persons or unincorporated organizations that enjoy copyright in accordance with this Law.

Article 52 Anyone who commits the following infringements shall bear civil liabilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses according to the situation:

(1) Publishing his work without the permission of the copyright owner;

(2) Without the permission of the cooperating author, he publishes a work created in cooperation with others as a work of his own creation;

(3) Those who did not participate in the creation, in order to seek personal fame and fortune, sign the works of others;

(4) Distorting or falsifying the works of others;

(5) Plagiarizing the works of others;

(6) Without the permission of the copyright owner, use the work in the manner of exhibition, filming of audio-visual works, or use the work in the manner of adaptation, translation, annotation, etc., unless otherwise provided for in this law;

(7) The use of other people's works should be paid without payment;

(8) Without the permission of the copyright owner, performer, or producer of audio-visual works, computer software, or audio-visual products, renting out originals or copies of their works or audio-visual products, except as otherwise provided in this law;

(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;

(10) Without the permission of the performer, live broadcast or publicly transmit his live performance, or record his performance;

(11) Other acts of infringement of copyright and copyright-related rights.

Article 53 Anyone who commits the following infringements shall bear the civil liability stipulated in Article 52 of this law according to the circumstances; if the infringement also damages the public interest, the department in charge of copyright shall order it to stop the infringement, give a warning, and confiscate Illegal income, confiscation, harmless destruction and disposal of infringing copies and materials, tools, equipment, etc., mainly used to make infringing copies, with an illegal business value of more than 50,000 yuan, may also be punished by more than one time and less than five times the illegal business value If there is no illegal business amount, the illegal business amount is difficult to calculate or is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed concurrently; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Copying, distributing, performing, screening, broadcasting, compiling, or disseminating the work to the public through information networks without the permission of the copyright owner, unless otherwise provided for in this law;

(2) Publishing books for which others enjoy exclusive publishing rights;

(3) Copying and distributing audio and video recordings of their performances without the permission of the performers, or disseminating their performances to the public through information networks, unless otherwise provided for in this law;

(4) Copying, distributing, or disseminating the produced audio and video products to the public through the information network without the permission of the audio and video producer, except as otherwise provided in this law;

(5) Broadcasting, copying, or disseminating radio and television to the public through information networks without permission, unless otherwise provided for in this law;

(6) Those who deliberately avoid or destroy technological measures without the permission of the copyright owner or copyright-related rights holders, deliberately manufacture, import, or provide others with devices or components that are mainly used to avoid or destroy technological measures, or deliberately Provide technical services for others to avoid or destroy technical measures, unless otherwise provided by laws and administrative regulations;

(7) Anyone who deliberately deletes or alters the rights management information on a work, layout design, performance, audio or video recording, or radio or television without the permission of the copyright holder or copyright-related right holder, knows or should know the work, layout design, Performances, audio and video recordings, or rights management information on radio and television are deleted or changed without permission and are still provided to the public, unless otherwise provided by laws and administrative regulations;

(8) Making and selling works that counterfeit the signatures of others.

Article 54 In case of infringement of copyright or copyright-related rights, the infringer shall compensate the actual loss suffered by the right holder or the illegal income of the infringer; if the actual loss of the right holder or the illegal income of the infringer is difficult to calculate, Compensation can be made with reference to the royalties of the rights. In the case of deliberate infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be made not less than one time and not more than five times the amount determined in accordance with the above-mentioned method.

If the actual losses of the right holder, the illegal income of the infringer, and the royalties are difficult to calculate, the people's court shall, based on the circumstances of the infringement, award compensation of not less than 500 yuan but not more than 5 million yuan.

The amount of compensation should also include the reasonable expenses paid by the right holder to stop the infringement.

In order to determine the amount of compensation, the people's court has fulfilled the necessary burden of proof, and the account books and materials related to the infringement are mainly in the hands of the infringer, it may order the infringer to provide the account books and materials related to the infringement; If the person fails to provide, or provides false account books, materials, etc., the people s court may determine the amount of compensation based on the claims of the right holder and the evidence provided.

The people's courts shall, at the request of the right holder, order the destruction of the infringing copies, except in special circumstances, when trying copyright dispute cases; or order the destruction of the materials, tools, equipment, etc., which are mainly used to manufacture the infringing copies, without compensation; or Under special circumstances, the aforementioned materials, tools, equipment, etc. are ordered to be prohibited from entering commercial channels without compensation.

Article 56: The copyright owner or copyright-related right owner has evidence to prove that another person is committing or is about to commit an act that infringes his rights or hinders his realization of his rights. Failure to stop them in time will cause irreparable damage to his legal rights and interests. , Can apply to the people s court for property preservation, ordering certain actions, or prohibiting certain actions, etc., before the lawsuit.

The people's court shall apply the provisions of Article 93 to Article 96 and Article 99 of the "Civil Procedure Law of the People's Republic of China" in handling the application in the preceding paragraph.

Article 57 In order to stop infringements, if the evidence may be lost or difficult to obtain in the future, the copyright owner or the copyright-related right owner may apply to the people's court for evidence preservation before filing a lawsuit.

Article 58: People's courts may confiscate illegal gains, infringing copies, and property used for illegal activities in cases of infringement of copyrights or copyright-related rights.

summary

At the moment of waiting for justice to be executed, if the infringer has not faced up to his own mistakes, and is still trying to hide his ears and steal the bells, then you really want to be blinded.

As the leader of the domestic IT education platform, Muke.com should carry the banner of protecting intellectual property rights, safeguard the legitimate rights and interests of original creators, and crack down on plagiarism, plagiarism, and piracy. It should be done for peers. Good example. Don't try to infringe a developer's legal intellectual property rights with a superior attitude, and must not encourage such unhealthy trends. MOOC, the sword in your hand should point to the "evil dragon"!

I am a programmer thirteen. Regarding the case of MOOC.com transforming my open source project newbee-mall and launching it for sale without notice or authorization, I not only wrote this article, but also published it on one platform. I have published these articles simultaneously on 13 platforms, including Toutiao, WeChat Official Account, Weibo, Zhihu, Bilibili, Nuggets, Blog Park, CSDN, InfoQ Writing Platform, SiFei, 51CTO, Open Source China OSCHINA, Tencent Cloud + Community, the account name is "Programmer 13".

In the follow-up, I will continue to speak on my WeChat public account. Follow me to check the details of the incident and the latest developments. After all, the articles may be inexplicably "none" on other platforms. I also hope that friends who see the article can help forward it, thank you again.

If you have friends who need to reprint, please indicate the source to reprint, or you can contact me to authorize the article.

I have been posting articles, and many friends suggested that I make videos and post them to various video platforms. I can only record screens, editing and video processing are not. If you are interested in this matter and have editing capabilities, friends can contact me, I will provide all the materials, expose and record the rights of this matter, and post to each video platform.

On June 6, 2021, it was the first time I spoke about this incident. After that, I published a total of six articles:

June 28, 2021, is the sixth time I have spoken about this incident, that is, all my friends are reading this article. I will continue to update this rights protection incident in the future.

Unless the reprint/source is indicated, all are original by the author and welcome to reprint, but this statement must be kept without the author s consent, and the original link must be given in an obvious place on the article page, otherwise the right to pursue legal responsibility is reserved.