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1. Article 217 of the Criminal Law [Crime of Copyright Infringement] Whoever, for the purpose of making profits, commits any of the following circumstances of copyright infringement, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given
1) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works;
2) Publishing books in which others enjoy exclusive publishing rights;
3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings;
4) Producing or counterfeiting works of art signed by others.
2. Article 5: Where one of the acts of copyright infringement listed in Criminal Law article 217 is carried out for the purpose of profit, and the amount of unlawful gains is 30,000 yuan or more, it is "a relatively large amount of unlawful gains"; In any of the following circumstances, it is "there are other serious circumstances", and shall be sentenced to up to three years imprisonment or short-term detention and/or a fine for the crime of copyright infringement
1) The amount of illegal business operations is 50,000 yuan or more;
2) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works, with a total of 1,000 copies (copies);
3) Other situations of serious circumstances.
3. Compared with your situation, in terms of the amount and circumstances, it has constituted a violation, but it does not constitute a crime.
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No crime, there are many pirates, and people with an amount of less than 100,000 yuan can't do it to you.
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It's all right, only not to be discovered.
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Legal basis: "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights" XIII. On the issue of the standards for conviction and punishment for the dissemination of infringing works through information networks, for the purpose of profit, without the permission of the copyright owner, the dissemination to the public of others' written works, films, television, fine arts, photography, video works, audio and video recordings, computer software, and other works, is "other serious circumstances" as provided for in article 217 of the Criminal Law :
1) The amount of illegal business operations is more than 50,000 yuan; (2) The total number of disseminated works of others is 500 or more, (3) the actual number of clicks on the disseminated works of others reaches 50,000 or more; (4) Disseminating the works of others through a membership system, with 1,000 or more registered members; (5) Although the amount or quantity does not meet the standards provided for in items (1) through (4), it respectively reaches more than half of the two or more standards; (6) Other situations where there are serious circumstances of resistance. The amount or quantity of the conduct provided for in the preceding paragraph is carried out. Where the standard provided for in item (5) is 5 times or more, it is "other especially serious circumstances" as provided for in Criminal Law article 217.
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Legal basis: Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights 》 13. In any of the following circumstances, where the purpose of disseminating a profit-making act is to make a clear eye, and without the permission of the copyright owner, another person's written works, films, television, fine arts, photography, video works, audio and video recordings, computer software, and other works are disseminated to the public through information networks, and in any of the following circumstances, it is provided for in article 217 of the Criminal Law" Other aggravating circumstances":
1) The amount of illegal business operations is 50,000 yuan or more; (2) The total number of disseminated works of others is 500 or more, (3) the actual number of clicks on the disseminated works of others reaches 50,000 or more; (4) Disseminating the works of others through a membership system, with 1,000 or more registered members; (5) Although the amount or quantity does not meet the standards provided for in items (1) through (4), it has reached more than half of the two or more standards; (6) Other situations of serious circumstances. The amount or quantity of the conduct provided for in the preceding paragraph is carried out. Where the standard provided for in item (5) is 5 times or more, it is "other especially serious circumstances" as provided for in Criminal Law article 217.
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The punishment for selling pirated CDs is: Whoever sells CDs for the purpose of making profits, knowing that they infringe upon the copyrights or exclusive publishing rights of others, and the amount of unlawful gains is huge, is to be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine.
Article 210 of the Criminal Law, Article 8, where, for the purpose of making profits, a copy of an infringing copy is clearly known to be infringing as provided for in Article 200 and 17 of this Law, and the amount of unlawful gains is huge or there are other serious circumstances, a sentence of up to five years imprisonment and/or a fine is to be given. Article 14: Intentional crimes are committed intentionally where one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime. Those who commit intentional crimes shall bear responsibility for the first act of punishment and starvation.
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Legal basis: "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights" XIII. On the issue of the standards for conviction and punishment for the dissemination of infringing works through information networks, for the purpose of profit, without the permission of the copyright owner, the dissemination to the public of others' written works, films, television, fine arts, photography, video works, audio and video recordings, computer software, and other works, is "other serious circumstances" as provided for in article 217 of the Criminal Law :
1) The amount of illegal business operations is 50,000 yuan or more; (2) The total number of disseminated works of others is 500 or more, (3) the actual number of clicks on the disseminated works of others reaches 50,000 or more; (4) Disseminating the works of others through a membership system, with 1,000 or more registered members; (5) Although the number or quantity of shirts and pickpockets does not meet the standards in items (1) to (4) or the standards specified in this standard, but respectively reaches more than half of the two or more standards; (6) Other situations of serious circumstances. The amount or quantity of the conduct provided for in the preceding paragraph is carried out. Where the standard provided for in item (5) is 5 times or more, it is "other especially serious circumstances" as provided for in Criminal Law article 217.
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