根据杭州日报最近的报导，周董action against NetEase's "World of Warcraft III" for copyright infringement has suffered a significant setback in the first trial, as all requests including a substantial compensation claim of RMB2.05 million were dismissed.
Previously, NetEase's "World of Warcraft III", eager to reward players, conduct a voluntary lottery campaign featuring Jay Chou's digital album. However, Chou Wenliang believed that the latter had sidestepped his approval, considering it a promotional activity independent from him, leading to legal proceedings against NetEase.
The case is particularly interesting since the lottery poster on Weibo incorporated quotations from Jay Chou's music and such phrases as "Waiting for you when the sky turns blue".
Oliver Yinhao, a source close to NetEase's "World of Warcraft III", confirmed that the case was finally ruled in their favor in the first trial with the court rejecting JVR Music Limited's complete claim of RMB2.05 million in compensation.
Yinhao further stipulates, the court deemed:
First, that the concept of转发抽奖 common in social media is viewed as non-commercial. Furthermore, the use of Jay Chou's name was seen adaptive, highlighting the new album prize.
Secondly, the general public is considered capable of distinguishing between corporate interactions and consumer behavior which mitigates the risk of suggesting Jay Chou as an endorser, thus not violating commercial ethics. This implies that NetEase didn't engage in unfair competition.
Lastly, though "World of Warcraft III" did craft elements from Jay Chou's new album into game props within the game, the 'game props' served merely as a voucher for redemption of the album, available solely to seasoned players above level 20, acting more like a loyalty program than a revenue stream or promotional tool. As such, this doesn't qualify as dishonest competition either.