in the regulations issued this time, it is pointed out that mobile Internet application providers should respect and protect intellectual property rights and shall not produce or publish applications that infringe upon other people's intellectual property rights. For IP owners, the new rules will help protect the rights and interests of their IP or derivative game products.
in recent years, under the influence of 4G development, wide deployment of WIFI, popularity of smartphones and PC Internet saturation, China's mobile Internet market has ushered in a "blowout" golden period of development. By the end of 2015, the Internet Society of China had pointed out in a report that the number of active mobile Internet users in China reached 780 million, accounting for 56.9% of the country's population. In this environment, some mobile Internet applications have behaviors such as privacy theft, malicious fee deduction, fraud and so on, which bring trouble to users.
on June 28th, the State Internet Information Office formally issued the regulations on the Management of Information Services of Mobile Internet applications (hereinafter referred to as "regulations"), which aims to promote the healthy and orderly development of the industry. The reporter contacted a number of mobile game research and development, distribution company executives (anonymous), and interpretation of the "regulations" will bring to the game industry what impact and changes. < strong > "real-name system" is not a threshold or good for game publishers < / strong > as mentioned in paragraph 1 of Article 7, mobile Internet application providers are required to authenticate registered users based on real identity information such as mobile phone numbers in accordance with the principle of "real name in the background and voluntary in the foreground". although the relevant regulations require users to authenticate their real names, business owners still need to adhere to the principle of voluntary users, and will ensure the security of user information. For the mobile game industry, the identity authentication real-name system requires users to add more operations in the registration process, which may lead to the loss of some users at this stage. A game business owner told reporters that the real-name system does affect the actual number of registered users of mobile games, but real potential users do not care about these steps. For game publishers, the implementation of the real-name system will play a role in improving the quality of game users. in PC online games and web games, in fact, China has already begun to implement the real-name system. With the gradual development of the mobile game market, it is a general trend to usher in the real-name system and standardize it. At the same time, the real-name system will play a supervisory role in preventing addiction and improving player information, and can establish a proper review mechanism on this basis. relevant sources have revealed that at present, many game operators and publishers in China have already established a real-name system. The introduction of the "regulations" will play a good role in standardizing the overall mobile game industry, and this is also a major trend in the world in the future. < strong > intellectual property protection clauses officially implement pirated IP will be blocked < / strong > as high-quality IP has a certain influence in the user market and can effectively mobilize the fan economy, it will play a role in improving mobile game revenue and user volume. Driven by this factor, pirated IP mobile games frequently appear in the market. according to the DataEye May report on domestic Mobile Games, although 41% of the newly launched mobile online games in China use IP, only 12% of licensed mobile games are licensed, which is lower than 14% of pirated IP mobile games. Combined with the data of the past six months, famous IP such as Legend, Miracle, World of Warcraft, League of Legends and Naruto have been infringed seriously. in the regulations issued this time, it is pointed out that mobile Internet application providers should respect and protect intellectual property rights and shall not produce or publish applications that infringe upon other people's intellectual property rights. For IP owners, the new rules will help protect the rights and interests of their IP or derivative game products. an executive of a well-known mobile game company pointed out in an interview that the real implementation of intellectual property protection provisions will be great good news for genuine IP game developers and publishers. Although the new regulations cannot achieve a comprehensive containment of pirated products in a short period of time, the introduction of this regulation and supervision measures will play a positive role in the healthy development of China's mobile game industry, saving the corresponding rights protection costs for genuine IP game research and development and publishers to a certain extent. in addition, the regulations also set out the obligations to be fulfilled by application store service providers, including urging application providers to publish legitimate applications, respecting and protecting the intellectual property rights of application providers, and so on. Starting from the app store to protect genuine IP and products, this will have the effect of cracking down on the chain of interests of pirated IP operators, thus reducing the infringement of some enterprises. < strong > alternative user derivative behavior is controlled < / strong > in many applications that are pre-installed by users and downloaded free from app stores, bundled advertisements often occur, induce or force users to download other applications. Although Apple and some Android app stores have banned it, reporters still find such behavior in a number of free mobile games and apps that are popular in the market, including advertisements for world-famous mobile games. Due to the use of such bundled advertisements or induced downloads in a number of applications, it may not only disrupt the normal market competition order such as lists, but also easily cause users to "vote with their feet". "stipulation" mentions that mobile Internet applications should protect users' right to know and choose in the process of installation or use in accordance with the law, and shall not bundle and install irrelevant applications without express to the user and with the user's consent. Fang Xingdong, dean of the Internet Research Institute of Shantou University and founder of the Internet laboratory, said in this regard that the "regulations" provide clear provisions for the difficulties and pain points in the application market, such as induced installation, malicious deductions, theft, and other security issues that ordinary netizens cannot prevent. It not only puts forward the basic bottom line and guidelines for application providers and application store service providers, but also does not increase the excessive difficulty and threshold. on the question of whether this provision will affect the user guidance of related games, an executive of a game company pointed out: "it will certainly have an impact on the user guidance of the product, but at the same time, it will also regulate the fake quantity and other phenomena." "regulations" will not have much impact on the issuer, but will have a certain impact on third-party advertising. " some unknown people in the industry believe that with the introduction of this policy, channel applications will not be able to force and induce users to download other applications and games in a similar way, which may prompt them to change their derivative mode. Of course, although this form of bundling can bring more downloads, but in fact, the quality of users is not high, using this form of derivative for long-term operation will also have retention rate, payment rate and other problems and hidden dangers. with the continuous expansion of the user market, mobile Internet has attracted the attention of domestic Internet-related companies, in which the game industry has become an important growth point in the industrial chain. Benefiting from the development of the market, the scale of China's mobile game market has also exceeded that of many established countries and regions around the world. although the mobile game industry has obtained a good opportunity for rapid development, it is also faced with a variety of serious problems, such as IP infringement, swiping the list, stealing user data, inducing fraud, changing skin and so on. Due to the characteristics of high income and quick return of money, a large number of uneven enterprises pour into it, which brings some hidden dangers to the development of the whole industry. At the same time, it has also caused unnecessary losses to the relevant enterprises and developers. the person in charge of the State Internet Information Office also said that at present, more than 4 million APP have been listed in domestic application stores, and the number is still growing at a high speed. The introduction of the "regulations" will not only strengthen the standardized management of APP information services, but also promote the healthy and orderly development of the industry. < strong > the following is the full text: < / strong > < strong > regulations on Information Service of Mobile Internet applications < / strong > Article 2 these provisions shall be observed when providing information services through mobile Internet applications and engaging in Internet application store services within the territory of the people's Republic of China. the mobile Internet application program mentioned in these provisions refers to the application software that is obtained and run on the mobile intelligent terminal and provides information services to users by means of pre-installation, download, etc. the term "mobile Internet application provider" as mentioned in these provisions refers to the mobile Internet application owner or operator that provides information services. the term "Internet application store" as mentioned in these provisions refers to a platform that provides browsing, searching, downloading or developing tools and product release services for application software through the Internet. Article 3 the State Internet Information Office is responsible for the supervision, administration and law enforcement of the information content of mobile Internet applications throughout the country. The local Internet information office shall, in accordance with its duties, be responsible for the supervision, administration and law enforcement of the information content of mobile Internet applications within its administrative area. Article 4 encourages party and government organs at all levels, enterprises and institutions and people's organizations to actively use mobile Internet applications to promote the openness of government affairs, provide public services, and promote economic and social development. Article 5 providing information services through mobile Internet applications shall obtain the relevant qualifications prescribed by laws and regulations in accordance with the law. Those engaged in Internet application store services shall also put on record with the Internet Information Office of the province, autonomous region or municipality directly under the Central Government within 30 days of the online operation of the business. Article 6 Mobile Internet application providers and Internet application store service providers shall not use mobile Internet applications to engage in activities prohibited by laws and regulations that endanger national security, disturb social order, infringe upon the legitimate rights and interests of others, and may not use mobile Internet applications to produce, copy, publish or disseminate information content prohibited by laws and regulations. Article 7 Mobile Internet application providers shall strictly implement the responsibility of information security management and perform the following obligations in accordance with the law: (1) authenticate registered users based on real identity information such as mobile phone numbers in accordance with the principle of "real name in the background and voluntary in the foreground". (2) to establish and improve the security and protection mechanism of user information, the collection and use of users' personal information shall follow the principles of legality, legitimacy and necessity, and clearly state the purpose, method and scope of collecting and using information, and with the consent of users. (3) establish and improve the examination and management mechanism of information content, and take measures such as warning, restricting functions, suspending updates, closing accounts and other measures as appropriate, keep records and report to the relevant competent departments. (4) the user's right to know and choose during installation or use shall be protected according to law. Functions such as collecting geographical location, reading address book, using camera, enabling recording, etc., shall not be enabled without express indication and consent of the user, non-service-related functions shall not be enabled, and irrelevant applications shall not be bundled. (5) respect and protect intellectual property rights, and shall not produce or publish applications that infringe upon the intellectual property rights of others. (VI) record user log information and save it for 60 days. Article 8 Internet application store service providers shall perform the following administrative responsibilities to the application providers: (1) to examine and verify the authenticity, security and legality of the application providers, establish a credit management system, and file them with the Internet information offices of the provinces, autonomous regions and municipalities directly under the Central Government where they are located. (II) urge the application provider to protect the user information, provide complete instructions for the application to obtain and use the user information, and present it to the user. (3) urge the application provider to publish legal information content, establish and improve the security audit mechanism, and equip professionals commensurate with the scale of the service. (IV) urge application providers to publish legitimate applications and respect and protect the intellectual property rights of application providers. for application providers that violate the provisions of the preceding paragraph, take measures such as warning, suspension of release, removal of applications, etc., keep records and report to the relevant competent authorities. Article 9 Internet application store service providers and mobile Internet application providers shall sign service agreements, clarify the rights and obligations of both parties, and jointly abide by laws and regulations and platform conventions. Article 10 Mobile Internet application program providers and Internet application store service providers shall cooperate with the supervision and inspection carried out by relevant departments in accordance with the law, consciously accept social supervision, set up convenient entry points for complaints and reports, and handle public complaints and reports in a timely manner. Article 11 these provisions shall enter into force as of August 1, 2016.
Edit: yvette