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The First Trial on " Tomato Garden" Internet Piracy Infringement Case Pronounced
From:China Trademark Input_time:9/16/2009 1:08:51 AM 


In June of 2008, Business Software Alliance (BSA) lodged a complaint on behalf of its members, as Microsoft, to the State Copyright Administration and the Ministry of Public Security of China, regarding that the " Tomato Garden" provided download service of software like pirated Windows XP without permission. On August 20, 2009, the People's Court of Huqiu District in Suzhou, made the first instance judgment on this infringement case, and sentenced a three and a half years' imprisonment as well as a 1,000,000 yuan fine to Hong Lei, the principal offender of masterminding and managing the business operation of " Tomato Garden" and the head of " Tomato Garden" Studio.The other two employees involved in this case were sentenced to two years' imprisonment and a 100,000 yuan fine for each one; the defendant enterprise was forfeited its illegal income of 2,920,000 yuan and was imposed a fine of 8,770,000 yuan (three times of its illegal income).

The " Tomato Garden" Case is the first criminal case against massive internet piratical software in China, and gives a great warning to law enforcement authorities, right owners and the public.

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