21st Century Business Herald reporter Wang Yue reported from Shanghai
On July 22, this was the last time the State Press and Publication Administration announced the approval information of domestic online games.
Now, more than 3 months later, the previous monthly approval of the online game version number still has no signal to resume approval.
In the case of the suspected suspension of the approval of the version number, after the investigation of 21 reporters, it was found that the phenomenon of private transactions of the version number was floating in the online social groups.
21 reporter learned that at present, game manufacturers can still entrust intermediaries to carry out the normal application process of game version numbers, but some games will not be approved due to themes, content and other reasons, and some intermediaries will also provide existing versions of the same type for manufacturers to use.
In response to this phenomenon, experts pointed out that some game companies will carry out version number transactions through covert methods such as version number authorization and acquisition of game companies with version number inventory, which are actually in the name of authorization in order to obtain version numbers. Once discovered, it may be characterized as "operation without a version number", and there is a risk of fines based on 5 times to 10 times the business turnover.
<h4>Hoarding and private trading are prevalent</h4>
On August 30, new regulations on the prevention of addiction of minors in online games were introduced, and since then, the regulatory authorities have successively issued a series of relevant policies, which have become more and more stringent for the supervision of online games. On the evening of September 8, the relevant responsible persons of the Central Propaganda Department and the State Press and Publication Administration, together with the Central Cyberspace Administration, the Ministry of Culture and Tourism and other departments, interviewed Tencent, NetEase and other key online game enterprises and game account rental and sales platforms and game live broadcasting platforms. The next day, it was reported that a person familiar with the content of the meeting revealed that the approval process for the online game version number would be slowed down. As of press time, this claim has not been officially confirmed.
However, since July, the approval of the online game version number has been cut off for two consecutive months in August and September, and October is about to end, and there is still no news of approval.
Last month, it was reported that the online game content management training was held in Beijing, and more specific requirements were put forward at the meeting for the content review and technical review of online games, and the threshold for game review was further raised.
Recently, after investigation by 21 reporters, it was found that the phenomenon of trying to bypass supervision and trade version numbers on the Internet was floating. The reporter searched for relevant keywords on the search engine and found the contact information of many version number trading groups. After entering the group, it was observed that most of the members of the group were composed of game publishing intermediaries, and their advertised business was various, mainly focusing on the transaction of game version numbers and the handling and transfer of online game business qualifications.
(Advertisement in a game version exchange group)
After observing the speeches of the members of the group, the reporter found that the phenomenon of hoarding version numbers in the group was more common, and some people went around asking for idle game version numbers. Zhu Junchao, the founder of the Nuocheng Game Law and a game lawyer, pointed out in an interview with 21 reporters that this is because the standards for the review of the previous game version number are relatively relaxed, so the reserves of the early game company version number are relatively abundant. In addition, if the previously acquired game company is not well-run and is on the verge of bankruptcy, the intermediary will tend to fund the acquisition of the game version number and hoard it for a long time.
The keyword "five certificates" that often appears in the group is the abbreviation of online game business qualifications. The online game business qualification includes five items, namely the value-added telecommunications business license (hereinafter referred to as "ICP"), the network culture business license (hereinafter referred to as "net text"), the Internet publishing license, the online game operation filing and the online game publication approval. The first three belong to the licenses that must be obtained by the issuers providing online games, and the latter two are the filing and approval that means that online game products must obtain the filing and review of the competent departments.
However, unlike the version number transaction, the "five certificates" transaction generally does not constitute an illegality. Zhu Junchao pointed out that the five-securities transaction involves more about the transfer of the company's equity, which is legal in most cases. "In layman's terms, when trading five certificates, the opposite side may directly sell a 'shell company' with five certificates." He explained. However, Zhu Junchao also forced a transfer to reporters, although the process of trading five certificates is generally not illegal, but the act of taking the version number in this way is still illegal.
<h4>The "three categories" game version number asks for 180,000</h4> yuan
"Out of the permanent authorized mobile game version number, the price is beautiful, small window consultation." In an exchange group called "Game Version Number Authorization Transfer", Huang Zhen (pseudonym) shouted so. In addition to Huang Zhen, there are many people playing similar advertisements.
On the surface, Huang Zhen's identity is the commercial director of an intellectual property service provider in Xiamen. According to industrial and commercial information, the business of this service organization includes intellectual property services, commercial performances and brokerage business, television and film and television program production and distribution, etc. However, Huang Zhen himself introduced that the business scope he actually handled included the handling and transfer of the five certificates, as well as the handling of the version number and "authorization".
According to Huang Zhen's description, he has hoarded mobile game versions of martial arts, casual, magic and other types, with prices ranging from one to the other, and can be purchased and applied directly to the company's games. At the same time, he said that if he does not want to buy a ready-made version number, it is also feasible to go through the normal version number process from him. "The processing fee for the three types of games is 27,000, and the fee for the four types is 30,000. According to the experience of handling applications in the past, the process of processing for three types of games is generally 5 to 8 months, and the process of four types of games is about 7 to 10 months. He said.
What are "category three" and "class four" games? Article 3 of the Notice on the Administration of Mobile Game Publishing Services lists the specific handling requirements for domestic mobile games such as leisure puzzles such as casual puzzle domestic mobile games such as leisure puzzles such as the elimination of political, military, ethnic, religious and other subject matters that do not involve political, military, ethnic, religious and other subject matters, and have no storyline or simple plot, and are therefore referred to as "four categories" "Games.
"The game version number in these two months has indeed not been approved for the time being, but the process of game declaration and content modification is still continuing." Huang Zhen said. At the same time, he speculated that the time for the suspension of the approval of the version number will not last as long as the "cold winter of the version number" in 2018, which is an internal adjustment.
In addition, Huang Zhen said that due to the content involving gambling, the chess and card and fishing games in the "three types" games will not be approved in the short term, and it is impossible to go through the normal version number application process. A number of publishing intermediaries also told reporters that the current approval process for "three types" of games is very long, which may be related to increasingly strict content censorship.
"If there are new chess and fishing games to be put into operation, at present, you can only choose to apply the existing version number." Huang Zhen said. He takes the fishing game as an example, if the game company wants to purchase the version number of the existing fishing game from him and directly apply it to its game, the price of the fishing game version number that is used indefinitely and launched through all channels is 180,000 yuan.
At the same time, he pointed out that if it is a game with advertising implants and has already made a profit, many publishers will not take over at present. "In principle, only after the game has officially obtained the version number and business qualifications, the game can make a profit, and it is a violation of the rules to first implant advertising profits."
<h4>The set number may be subject to fines and additional intellectual property risks</h4>
In addition to Huang Zhen, there are countless game publishing intermediaries that are secretly trading in editions.
In response to such phenomena, Zhu Junchao pointed out in an interview with 21 reporters that the game version number is essentially an administrative license, and there is no possibility of transaction. "Because of this, most game manufacturers do not directly sign a sale contract or lease contract when trading the version number, but through the more covert way such as version number authorization and acquisition of game companies with version number inventory."
He stressed to reporters that these acts in the name of authorization are actually for the purpose of obtaining version numbers, which are essentially applications of version numbers. According to the provisions of Articles 6 and 7 of the Notice on the Administration of Mobile Game Publishing Services, if the version number of other online games is applied, it is deemed that the game content has undergone a fundamental change and a new version number shall be applied for; and the operating agency has changed, and the change formalities shall be completed.
Xia Hailong, a lawyer at Shanghai Shenlun Law Firm, pointed out the direct risks that may be faced by applying the game version number in an interview with 21 reporters. He pointed out that according to the "Regulations on the Administration of Publications", "Regulations on the Administration of Online Publishing Services", "Notice on the Management of Mobile Game Publishing Services" and other relevant laws and regulations, games with version numbers are illegal publications, and once it is found that the game will be removed and deleted, the enterprise will also face high fines.
Zhu Junchao also told reporters that there is another risk possibility - applying the version number of other games may have to bear additional intellectual property risks. He pointed out that when a game manufacturer applies for a version number, it needs to submit a soft book (software copyright) certificate, so the soft book and the version number have actually been bound, and the application of the version number means that only the original game soft book can be used. "The game with the version number also has a software copyright, but the copyright is not publicized and it is difficult to obtain complete protection, and it is difficult to protect the rights because it is difficult to prove the source of the right due to infringement; similarly, because the version number of the original game is used, the intellectual property risk of the original game will be borne by the new game."
It is worth noting that in addition to the above-mentioned circumstances, the use of the company's game version number will also be punished. In the five typical cases of game companies not implementing anti-addiction measures for minors previously announced by the Ministry of Culture and Tourism, the online game "Legend of Wugu" under a Shanghai information technology company directly applied the version number of another online game "Legend of Yutian" operated by it without legal approval, which violated Article 27 of the Provisions on the Administration of Online Publishing Services: "Before online games are published online, an application must be submitted to the publishing administrative department of the province, autonomous region or municipality directly under the Central Government, and after review and approval." , report to the State Administration of Press, Publication, Radio, Film and Television for examination and approval" provisions.
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