Zhongqingbao was exposed to the game version number transaction: the asking price of 400,000 yuan, but it cannot guarantee the normal use of the version number, or is suspected of violating the law

On July 12, the website of the National Press and Publication Agency announced the latest batch of domestic online game approval information. A total of 67 games received the version number, involving 10 domestic listed companies. This is the third release since the April version of this year has been restarted, and a total of 172 games were approved during the year.

In the industry, the number of versions issued in July increased slightly compared with June, and the overall conforming to the principle of total management and control, indicating that the version number policy is actively adjusted, and industry supervision is expected to resume normalization. The successive distribution of the game version number will be expected to promote the gaming industry to accelerate the product line and drive the research and development investment of high -quality games.

In the environment where the supervision of the game industry tends to be normalized, Zhongqingbao, as a listed company in the game field, has been exposed to the game version number transaction and walks on the edge of legal.

A few days ago, a game practitioner Zhang Qing (pseudonym) broke the news to the Blue Whale Finance reporter that the company's company signed a game license agreement with Zhongqingbao three years ago. The actual purchase of the game version number cost 400,000 yuan Essence However, when the game is about to be launched and the required version number is required, Zhongqingbao opposes the person who says that there is a problem with the source of the version number. It can only be assisted from the side. More problems cannot be solved.

The reporter dialed the phone number of the contacts of the Chinese Qingbao party on the agreement, but did not connect. Subsequently, the reporter sent an outline to the mailbox shown on the official website of Zhongqingbao.

Zhongqingbao was exposed to the game version number transaction. The required price of a single game version number is 400,000 yuan

According to the reporter, Zhang Qing's team has been developing an online game in recent years, but since 2018, the game version number has continued to tighten or even stopped, adding a lot of resistance to the application number of small and small game companies. In order to make the game go online smoothly, they can only find a way to "curve to save the country."

Zhang Qing revealed to reporters that in July 2019, they spent 400,000 yuan to buy the version number of "Flying Westward Journey" from the hands of Zhongqingbao, which has been useless for two years. However, recently the game plan is launched, and the version number party is required to assist. However, Zhang Qing was not contacted by the source of the version number of Zhong Qingbao.

The reporter inquired from the official website of the National Press and Publication Administration and found that the domestic online game approval information issued in January 2019 includes "Journey to the West". Its publishing unit is Beijing Botong Electronic Press, and the operating unit is Shantou Tianyu Network Technology Development Co., Ltd. (hereinafter referred to as "Shantou Tianyu").

According to the relevant information provided by Zhang Qing, Shantou Tianyu authorized "Flying Bar Journey to the West" in January 2019 to Zhongqingbao's wholly -owned subsidiary Shenzhen Times First Tour Interactive Technology Co., Ltd. (hereinafter referred to as the "first tour of the era") In July of the same year, the first tour authorized "Flying Bar Journey to the West" to Zhang Qing, and all parties signed a game license agreement.

In short, Zhang Qing is equivalent to the exclusive operating right of "Flying Bar Journey to the West" through Zhongqingbaozi Company.

According to Zhang Qing's description, at that time, in order to stabilize, his request signed a contract with Zhongqingbao, and the latter belonged to the intermediary in the transaction of this game version number. In order to avoid risks, the two parties signed a mobile game authorization agreement.

The reporter obtained this agreement. It shows that as an authorized party, Zhongqingbao, as the right holder of "Journey to the West", has the right to operate and distribute the "Journey to the West". Journey to the West ". This authorization fee is 400,000 yuan, the form of authorization is an exclusive license, and the period is from the date of signing an agreement to permanent.

"Later, Zhongqingbao told me that Shantou Tianyu changed the legal person. To cancel it, the other party's phone was not answered, and the scriptures of Zhongqingbao at the time said that they could only help to pull the group to communicate, and more problems could not be solved." Zhang Zhang could not solve it. "Zhang Zhang could not solve it." Qing said, "But after all, we have signed a contract with Zhongqingbao, and it should be responsible for solving the problem by Zhongqingbao."

The reporter dialed the phone number of the contacts of the Chinese Qingbao party on the agreement, but did not connect. Subsequently, the reporter sent an outline to the mailbox shown on the official website of Zhongqingbao.

Lawyer: The version number is illegal. Zhongqingbao may be suspected of violating the law

The so -called game version number, that is, the approval of the relevant game publishing and operation of the National Press and Publication Administration, including the version of the version of the version and the ISBN number, is equivalent to the "customs password" that must be obtained by online games that must be obtained. For the game that has been obtained, the game name, software copyright, approval number, and publishing number are all corresponding.

Since online games can only be commercialized through advertising, props, recharge, etc., the importance of the version number is self -evident. From this perspective, the game version number can be described as a life line of a game.

However, since 2018, the game version number has tightened or even suspended, allowing the dark currents such as "purchase version number" and "version number authorization". The reporter entered the "Game Version License" as a keyword in the search engine, and found multiple intermediary advertisements related to game authorization and transfer. In Baidu Post Bar, there are also many posts for the game version number.

According to media reports, there are intermediary agencies engaged in the version number trading business on the market. Many unleaded games are launched in violation of regulations through purchasing version numbers, applying the version number, etc. Moreover, in order to make the unprovoed game go online, the buyer often chooses a game that is closest to his own product name.

"The signing agreement must not be involved in the version number. It must be a game operation agreement or an authorized agreement. From the perspective of channels, you have represented their games. The contract must be legal and compliant. When the store is put on the shelves, it is best not to use your company as the main body to avoid risks. "The report quoted an intermediary agency. In this regard, many lawyers emphasized that the game version itself cannot be traded or transferred. The game version number is essentially an administrative license. Sexual, so the version of the version number, authorization, and applying the version number listing are a behavior that violates the prescribed by the national administrative license, and it is not legal.

Regarding whether the game authorization agreement signed by Zhang Qingyi and Zhongqingbao is protected by law, Zhao Zhao, deputy director of Beijing Yunjia Law Firm, pointed out to reporters that civil laws that violate the mandatory regulations of laws and administrative regulations are invalid. Essence However, the mandatory regulations include the effective regulations of validity and compulsory regulations, and only the contracts that violate the compulsory provisions of the validity are invalid. The regulatory department's prohibiting the relevant transaction behavior of the game version number is a management compulsory regulations. Violation of such regulations will face administrative penalties, but it does not cause the contract to invalidate.

Therefore, the lawyer of Zhao believes that Party B (that is, Zhang Qingyi) can investigate the liability of Party A (that is, Zhongqingbao), such as requesting refund, paying liquidated damages, and compensation for losses. In addition, even if the contract is invalid, Party B may request Party A to refund, but it cannot be required to pay a liquidated damage.

Attorney Chen Meiyu, Zhejiang Kenting Law Firm, said that the agreement stipulates that the exclusive license is authorized. If it is authorized by the game joint transport rather than the version number authorized, Party B (that is, Zhang Qingyi) can claim contract rights and interests. Qingbao) shall bear the liability for breach of contract agreed in the contract. However, if the agreement is judged by the court as a legal form of illegal purpose (the actual purpose is to sell the version number), it may be identified as invalid the contract.

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