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上海高院通报《崩坏：星穹铁道》游戏新版本遭未成年人“解包泄密”，米哈游获赔 100 万元_我的网站

A |      8 月 26 日消息，上海高院 8 月 25 日发布通报，上海市浦东新区人民法院（以下简称浦东新区人民法院）审结了一起因未成年人破解测试版游戏软件包、披露游戏更新内容而引发的侵害商业秘密纠纷案件。    The OPCW’s lack of a coherent, objective and fair-minded response to recent crises centered around Syria and Russia demonstrates its politicization and domination by Western interests, and the longer the watchdog stays out of Ukraine, the better, former diplomats, geopolitical observers, and international legal experts have told Sputnik.,“In Ukraine, the OPCW has fortunately not been pressed into action. This, I suspect, is because the US is satisfied with the situation as it is, with no need for the US itself to be drawn in, as would no doubt be the case if a chemical attack was fabricated,” Peter Ford, Britain’s former ambassador to Syria, said.,The veteran diplomat, who warned the British government against the folly of the 2003 invasion of Iraq, and stressed that the campaign by Western powers to topple the Syrian government in the 2010s could open a “Pandora’s box” of endless crises, said the Syria case demonstrated clearly that the OPCW is no longer an independent, impartial agency.,“The Syria crisis proved without a shadow of a doubt that the Western powers have bent the OPCW to their own will, destroying in the process the organization’s credibility, probably irretrievably. This is a tragedy for world peace,” Ford stressed, referring to documented OPCW efforts to censor and smear agency whistleblowers who revealed that the watchdog’s report on the April 2018 chemical attack in Douma, Syria, was doctored to implicate the Assad government.,Today is 4 years since Douma massacre. US claimed it was a chemical weapons attack & bombed Syria. OPCW found no evidence of CW, but its findings were doctored & censored. Also confirmed is that a hospital scene was staged. Ongoing OPCW cover-up denies justice to Douma victims.— Aaron Maté (@aaronjmate) April 7, 2022,In Ukraine, Ford fears, the international community can now only depend on “self-interested restraint on the part of the Pentagon in controlling its proxies rather than the deterrent power of a genuinely impartial international watchdog.”,Chemical Weapons Danger in Ukraine,Since the escalation of the crisis in Ukraine in February, Russia has sent the OPCW and its technical secretariat over two dozen notes warning of possible staged provocations by Ukrainian forces or radical nationalists involving chemical weapons. Last month, the agency assured the international community that it was “closely monitoring the situation in Ukraine” for chemical weapons use.,On Wednesday, the Russian military indicated that it had information regarding Kiev's plans to stage a provocation in the Donetsk People’s Republic using chlorine gas to accuse Moscow of indiscriminate attacks targeting chemically hazardous objects.,Situation in UkraineLIVE UPDATES: Moscow Warns OPCW of Possible Provocations by Kiev With Chemical Weapons in DPRYesterday, 08:12 GMT,Alessandro Bruno, a Toronto-based geopolitical analyst and political observer at Lombardi Letter, says that while the OPCW’s official mission and goals are “certainly worth pursuing,” the problem is the watchdog’s control by Western interests seeking to obfuscate the truth and objectivity in favor of politicized objectives.,“They seem to have targeted only specific sides in specific wars to suit specific aims, which typically are those of Western powers. There have been many efforts to manipulate these organizations by the dominant powers, particularly in the West,” Bruno said.,The scholar recalled instances of claims by the US and its allies about Russia’s use of chemical weapons, from the allegation that Russia poisoned pro-Western Ukrainian presidential candidate Viktor Yushchenko in the mid-2000s, to the 2018 Novichok scandal in Britain, which “many thoughtful journalists have debunked,” to the Alexei Navalny “poisoning” saga of 2020, which doctors treating the opposition vlogger have debunked.,Russians Did It! A List of Dastardly Deeds Ridiculously Blamed on the Kremlin22 March 2018, 14:14 GMT,“Yet the accusations of chemical weapons that Russia used have persisted, even though they defied all logic. That's the biggest issue with these organizations. They must be more neutral. Their headquarters must be in more neutral locations because the fact that many of these organizations operate from Western capitals makes them more prone to Western media misinformation,” Bruno said.,The geopolitical analyst still fears that the West could use the pretext of ‘Russian chemical weapons use’ in Ukraine “to get more directly involved in the conflict and potentially trigger a much wider physical war.”,“So far, I think, some of the powers came to understand that making an accusation like that in this conflict would be riskier than the accusations they made in Syria and Iraq, Navalny and Yushchenko and so on, that this would have much bigger implications, that this would blow back against the West,” Bruno stressed.,Tool of US Interests,Christopher C. Black, an international criminal and human rights lawyer with 20 years of experience covering war crimes and international relations, echoed Bruno’s sentiments about the OPCW’s noble stated aims and their stark contrast with the body's actual history, which “shows that [the watchdog] acts to serve the interests of the United States and its NATO and other allies.”,“We saw strong evidence of this when the USA tried to get rid of the Director General Jose Bustani of Brazil in 2002, when the United States was preparing its invasion of Iraq and John Bolton went to The Hague and threatened his family if he did not resign,” Black recalled, pointing to Bustani’s 2018 interview with The Intercept in which the former OPCW chief detailed the threats made against his children living in the United States.,“We Know Where Your Kids Live” John Bolton threatened head of chemical weapons commission as part of effort launch war against Iraq https://t.co/p8uluxbWGH— WikiLeaks (@wikileaks) April 2, 2018,“In August 2020, it was revealed through leaks from Austrian government sources that the OPCW and British claims that Novichok had been found in the blood of the Skripals allegedly poisoned in the UK were false, that in fact no such agent had been found in their blood at all. But the findings were suppressed and a false report issued to back the UK claims,” the lawyer added. “Similar results were seen regarding the alleged poisoning of Mr. Navalny. We can quickly understand what goes on behind the scenes at the OPCW,” Black said.,'Novichok' Would Have Killed Navalny, Developer of Substance Says2 September 2020, 15:26 GMT,Black finds it unlikely that the chemical weapons watchdog will change “without a change in the balance of power in the world,” which is taking place, but whose effects on international organizations will be slow to appear.,In Ukraine, the lawyer fears, “We cannot expect any objective consideration of Kiev regime or NATO claims of Russia using chemical weapons in Ukraine for the reasons stated above, despite the fact that Russia has not used them, does not use them and will not use them. To the contrary, we have a situation in which Kiev and NATO forces keep making false claims while themselves preparing chemical weapons attacks to be staged as false flag attacks to be blamed on Russia and when Russia asks the OPCW to investigate this, Russia is met with silence,” he said.,How OPCW Can Regain Credibility,Dr. Alfred De Zayas, a lawyer, writer and former independent expert on international order with the United Nations, similarly doubts the OPCW’s ability to reform itself under current conditions, saying the agency “has long been instrumentalized to pursue the geopolitical interests of Western powers.”,The international legal expert is confident that agencies like the OPCW, the International Criminal Court and the Human Rights Council can regain their credibility by demonstrating impartiality. “This is possible if the BRICS countries become more vocal and more visible on the international scene. There is no reason why African, Asian and Latin American countries should dance to the tune of the ‘Washington consensus’,” De Zayas stressed.,In Ukraine, the OPCW’s assurance about “monitoring the situation” carries only a “purely propagandistic value,” and is “intended to charge and convict Russia even before there is any evidence of violations of the Chemical Weapons Convention,” the observer believes.,“If the OPCW investigates not only potential Russian war crimes, but also expands its investigation to potential chemical weapons violations and war crimes by Ukrainian forces and by foreign mercenaries, including US, UK, French, Georgian and others, then the OPCW might regain some credibility. That, however, would be ‘out of character’. It is not unlike the ICC, which in the eyes of many observers in the US, Canada, UK, France, Germany, Switzerland – has lost its little credibility and will have no authority unless and until it indicts Western politicians and bureaucrats including Tony Blair, George W. Bush, Paul Wolfowitz, Victoria Nuland, Barack Obama (the king of the drones), Donald Trump, Nikolas Sarkozy, etc.,” De Zayas concluded.,10yrs On From Iraq War Logs Bush & Blair Should be in Prison Not Assange22 October 2020, 18:29 GMT。上海某网络科技股份有限公司（以下简称某科技公司）系知名网络游戏《崩坏：星穹铁道》的运营方。为保持玩家的新鲜感和用户粘性，涉案游戏定期进行版本更新。每次新版本游戏正式上线前，某科技公司会招募少量保密测试玩家，向其提供涉案游戏测试版软件包进行试玩和意见反馈。

B | 为防止测试版软件泄密，某科技公司与测试玩家均会签订保密协议，并公开发布公告，明令禁止用户非法获取、传播涉案游戏保密测试版本。然而，2024 年起，杨某长期在个人社交媒体账号上发布涉案游戏测试版本的视频内容，并提供多个版本的测试版软件包，供不特定用户下载。

C | 经查，该些测试版软件包系未成年人郭某通过不正当渠道获取并非法破解。郭某在获取上述软件包后，不仅在社交媒体发布测试视频，还自行搭建了具有私服性质的网站，向公众提供涉案游戏测试版的运行环境。于是，某科技公司将杨某、郭某以及郭某的监护人董某起诉至人民法院。

D | 某科技公司认为，涉案游戏测试版本包含的新角色、新场景、新剧情等未公开内容，系该公司投入大量人力物力研发形成的阶段性成果，具有极高的商业价值，属于商业秘密。杨某、郭某未经许可，非法获取并披露上述内容，严重侵害了该公司的合法权益，遂要求其停止侵害商业秘密的行为、消除影响并赔偿经济损失及合理开支 200 万元。三被告辩称，杨某、郭某的行为系出于个人猎奇心理，已认识到自身行为错误，且未造成原告实际损失，不应承担侵权赔偿责任。

E | 浦东新区人民法院审理后认为，经营信息若要构成商业秘密，须同时满足“不为公众所知悉”“具有商业价值”以及“权利人采取相应保密措施”三项法定要件。本案中，涉案游戏测试版本所包含的新游戏内容，并不在游戏公开版本中展示，仅在测试阶段向经筛选的少量玩家限时提供，具有秘密性。同时，上述内容系游戏版本迭代的阶段性成果，直接关系到游戏上线后的市场热度与玩家期待，具有保持用户粘性、延长游戏运营周期的商业价值。某科技公司与测试玩家签订保密协议、发布禁止泄密公告等行为，已采取合理保密措施。由此，应当认为涉案游戏测试版本内容属于《中华人民共和国反不正当竞争法》规定的经营秘密。杨某、郭某并非某科技公司的保密测试人员，不具备获取测试版本软件包的合法事由。二人通过非法渠道获取软件包后，运用技术手段进行破解并向公众披露，其行为分别构成了对某科技公司经营秘密的“非法获取”与“非法披露”。郭某搭建私服并向公众提供，进一步扩大了秘密内容的传播范围，加重了侵权后果。此外，被诉行为发生时，郭某尚属于未成年人，依法应由其监护人即董某承担相应的侵权赔偿责任。综上，浦东新区人民法院判令杨某、郭某立即停止侵害某科技公司商业秘密的行为，在指定范围内发布声明、消除不良影响，杨某、董某连带赔偿某科技公司经济损失及合理开支共计 100 万元。一审判决后，各方当事人均未上诉，本案判决现已生效。注：《中华人民共和国民法典》第一千一百八十八条规定，无民事行为能力人、限制民事行为能力人造成他人损害的，由监护人承担侵权责任。监护人尽到监护职责的，可以减轻其侵权责任。有财产的无民事行为能力人、限制民事行为能力人造成他人损害的，从本人财产中支付赔偿费用；不足部分，由监护人赔偿。

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