Legend IP disputeMisleading promotionOnline unfair competitionGoogle Play reform

【Weekly Game Law】Kaiying Pays RMB 199 Million to Settle Legend IP Dispute

【每周游戏法】恺英支付1.99亿元和解传奇IP

March 12, 2026
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Summary

This weekly legal update reviews four recent developments in the gaming industry: the settlement of a decade-long Legend IP dispute between Kaiying Network and Wemade, administrative penalties against misleading game promotion involving “privileged accounts,” a court ruling recognizing cracked IAA games that remove advertisements as online unfair competition, and Google’s major reforms to the Google Play ecosystem, including reduced commissions and the opening of third-party payments and app stores. The article analyzes the legal implications of IP licensing disputes, misleading marketing practices, online unfair competition, and evolving platform governance in global app distribution.

(1) Kaiying Network’s Ten-Year Legend IP Dispute Ends: RMB 199 Million Settlement

The decade-long copyright dispute between Kaiying Network and the parent company of the Legend IP, Wemade, has reached its conclusion.

On February 11, Kaiying Network announced that its wholly-owned subsidiary Shanghai Kaiying had signed a settlement agreement with Legend IP Co., Ltd., agreeing to pay approximately RMB 199 million in settlement to fully resolve a joint liability debt of RMB 481 million.

The dispute dates back to 2016. The original copyright of the Legend game was jointly owned by Korea’s Wemade and Actoz Soft.

In 2016, Zhejiang Huanyou, a subsidiary of Kaiying Network, signed a licensing agreement with Wemade, obtaining the rights to develop and operate the Legend mobile and web games in Mainland China. However, Actoz argued that Wemade had granted the authorization without its consent, violating the agreement between the co-copyright holders. Actoz then applied to the court for behavioral preservation, which prevented the licensing agreement from being carried out.

Subsequently, because Zhejiang Huanyou failed to pay licensing fees as agreed, Legend IP (the successor entity after Wemade’s corporate restructuring) initiated arbitration before the International Court of Arbitration of the International Chamber of Commerce (ICC) in Singapore, requesting compensation.

After the arbitral award supported compensation of RMB 481 million, Legend IP filed a lawsuit claiming corporate personality confusion between the parent and subsidiary companies, requesting that the parent company Shanghai Kaiying assume joint liability for repayment.

In 2022, the Shanghai High People’s Court upheld in second instance that Shanghai Kaiying should bear joint liability for the RMB 481 million debt.

Facing significant pressure, Shanghai Kaiying initiated a counter-arbitration in 2022, claiming compensation from Legend IP for losses caused by the licensing dispute.

In April 2025, the ICC arbitration tribunal ruled that Legend IP must pay RMB 224.5 million in compensation to Shanghai Kaiying. This ruling became a key bargaining chip in negotiations, creating a situation of mutual debt offset.

On February 10, 2026, with mediation from the Shanghai First Intermediate People’s Court, the parties formally signed a settlement agreement. Shanghai Kaiying agreed to pay approximately RMB 199 million, thereby fully resolving the RMB 481 million joint liability debt. Both parties also agreed to withdraw all lawsuits and arbitration proceedings worldwide.


(2) Game Promotion Company Punished for Using “Privilege Accounts” to Attract Players

In July 2025, a whistleblower contacted the “privileged account reservation service” of Fujian Tianyi Enterprise Management Consulting Co., Ltd. via WeChat in an attempt to obtain a “privileged account” or “internal resource account” for the game Snake Endless Battle.

The company claimed that by participating in testing of another game it promoted, Immortal Path Struggle, players could reserve such privileged accounts.

Investigations revealed that the terms “privileged account,” “internal resource account,” and “official” used in the company’s promotions had no connection with the official operator of Snake Endless Battle. They were self-assigned by the company, and it never provided the promised privileged accounts to players who completed the testing.

By the time the case was uncovered, the company had attracted 38 players to participate in the testing of Immortal Path Struggle, earning RMB 51.59.

The Zhangzhou Municipal Administration for Market Regulation determined that the company’s conduct constituted misleading commercial promotion and failure to fulfill promotional commitments.

Considering the small amount of illegal gains and the company’s cooperation with the investigation, the authority ordered the company to immediately cease and rectify the illegal conduct, and imposed confiscation and fines totaling RMB 1,016.24, pursuant to the 2025 revised Anti-Unfair Competition Law and the Implementation Regulations of the Consumer Protection Law.

Nuocheng Commentary:

This case reflects a typical malicious user-acquisition strategy in game promotion. The core logic is to leverage the popularity of a well-known game and lure players with promises of scarce resources such as “privileged accounts” or “internal accounts,” thereby diverting players to another game being promoted.

The company used terms such as “privileged account,” “internal resource account,” and “official” despite having no affiliation with the official operator of Snake Endless Battle and being unable to provide the promised services. Such conduct constitutes typical false or misleading commercial promotion.

At the same time, the conduct not only deceived consumers but also harmed the rights and interests of other legitimate market participants and disrupted fair market competition, potentially constituting unfair competition through commercial confusion.

In response to such promotion schemes, affected game companies may not only seek remedies through civil litigation, but also use administrative complaints to more efficiently stop the infringing conduct.


(3) Cracked IAA Game Version Removing Ads Recognized as Online Unfair Competition

The popular casual game XX Simulator has enjoyed high popularity since its launch in 2020. Its core business model allows players to obtain game resources by watching advertisements.

In 2025, the game operator, a Chengdu-based company, discovered that a download website was offering a cracked version of the game labeled “unlimited ad vouchers, diamonds, and cash.” This allowed users to obtain resources without watching advertisements.

The company filed a lawsuit in July 2025 against the operator of the download site and other parties on the grounds of unfair competition.

During the litigation, one defendant company quietly deregistered, while another defendant company from Suzhou failed to appear in court despite being summoned.

Investigations showed that the Suzhou company had previously been the registered domain entity of the website. During its registration period, the cracked game was uploaded. Later the domain ownership was transferred to another company solely owned by an individual named Zhang, yet the infringing game was never removed.

The Chengdu Internet Court heard the case. The judge clearly stated that when an infringer interferes with or damages another party’s legitimate online products, disrupts its business model, seizes trading opportunities, and weakens its competitive advantage, such conduct constitutes online unfair competition.

The court also noted that if a company is deregistered without lawful liquidation procedures, its shareholders should bear corresponding liability.

At present, the cracked download links on the website have become invalid. However, because one defendant company has already been deregistered, the enforcement of compensation still faces significant challenges.

Nuocheng Commentary:

By providing cracked versions of the game that allow users to obtain resources without watching advertisements, the defendant directly disrupted the normal operation of the plaintiff’s lawful online product. This resulted in the loss of advertising revenue and weakened the plaintiff’s competitive advantage.

Such conduct violates Article 13 of the Anti-Unfair Competition Law (special provisions on online unfair competition) as well as the principle of good faith under Article 2, constituting a typical act of interfering with and damaging another party’s lawful business operations.

Although the court supported the plaintiff’s claims, the deregistration of the defendant company may lead to difficulties in enforcement.

Therefore, rights holders are advised to verify the corporate status of defendants in advance when initiating rights-protection actions, apply for property preservation when necessary, and include multiple entities involved in the infringement chain as co-defendants, so as to ensure that a favorable judgment can ultimately be enforced.


(4) Google Play Reduces Global Commission to 20% and Opens Third-Party Payments and App Stores

On March 4, 2026, Google announced major adjustments to the Android ecosystem and the Google Play store rules, widely regarded as one of the largest institutional reforms in Android app distribution in recent years.

Under the new policy, the long-standing 30% commission on Google Play will be reduced to 20% or lower, and developers will be allowed to integrate third-party payment systems within apps or guide users to external websites to complete purchases.

The new fee structure will be divided into two components: a “base service fee” and a “Google Play billing fee.” Developers who continue using Google’s official billing system in the United States, the United Kingdom, and the European Economic Area will still pay an additional approximately 5% regional billing fee.

In some cooperative programs, the rate may be further reduced. For example, developers participating in the App Experience Program or the Google Play Games Level Up project may see the service fee reduced to 15% for new installations and 20% for existing transactions, while subscription applications may have their fees reduced to 10%.

In addition to commission reform, Google also introduced the “Registered App Stores” mechanism, allowing third-party app stores to be more easily installed and operated on Android systems if they meet security and quality standards.

For example, Epic Games Store may apply to join the program. The plan is expected to launch with the Android version update at the end of 2026 and will first be rolled out outside the United States.

Epic CEO Tim Sweeney expressed support for the changes, stating that they would help strengthen the openness of the Android platform.

The reform is closely related to Google’s previous settlement with Epic and may encourage more application stores and payment systems to enter the Android ecosystem.

Nuocheng Commentary:

Google’s reform of the Google Play ecosystem is essentially an institutional response to the global antitrust and platform regulatory pressures that have intensified in recent years.

Disputes surrounding app-store commissions and payment restrictions have triggered regulatory scrutiny in many jurisdictions. The long-running litigation between Epic Games and Google, as well as their settlement in 2025, directly contributed to the policy changes.

By reducing commissions and allowing third-party payments and app stores, Google is effectively reducing its control over the app distribution and payment ecosystem, thereby mitigating potential antitrust risks.

For game developers expanding overseas, the reform has three major implications.

First, the reduction in commission rates will directly improve revenue distribution structures, particularly for subscription-based and newly installed transactions.

Second, allowing alternative payment systems means developers can establish their own payment infrastructure in certain regions, reducing reliance on platform billing systems. However, this also requires developers to assume additional compliance responsibilities, including consumer protection, payment security, and tax reporting.

Third, the opening of third-party app store mechanisms may change the long-standing Play-dominated distribution landscape of the Android ecosystem and provide opportunities for major publishers to establish their own distribution channels.

Overall, the reform will make the Android ecosystem more open, but it also means developers must adopt more complex global strategies in distribution channels, payments, and compliance.

中文原文

(一)恺英网络传奇IP十年纠纷落幕:1.99亿元达成和解

恺英网络与传奇IP母公司娱美德之间长达十年的版权纠纷迎来终局。

2月11日,恺英网络发布公告称,全资子公司上海恺英与株式会社传奇IP签订了和解协议,以约1.99亿元和解金一次性结清了4.81亿元连带债务。 

纠纷始于2016年。《传奇》游戏的原始著作权由韩国娱美德和亚拓士共同享有。

2016年,恺英网络子公司浙江欢游与娱美德签订授权协议,获得《传奇》移动游戏和网页游戏在中国大陆的开发及运营权。但亚拓士认为娱美德未经其同意擅自授权,违反了共同著作权人的约定,遂向法院申请行为保全,导致授权协议履行受阻。

随后,因浙江欢游未按协议支付许可费用,传奇IP(娱美德分立后的继受主体)在新加坡国际商会国际仲裁院提起仲裁,要求浙江欢游支付赔偿。

仲裁裁定支持赔偿4.81亿元后,传奇IP以母子公司人格混同为由提起诉讼,要求母公司上海恺英承担连带清偿责任。2022年,上海高院二审判令上海恺英对4.81亿元债务承担连带责任。

面对重压,上海恺英于2022年发起反制仲裁,要求传奇IP赔偿因授权争议导致的损失。2025年4月,国际商会国际仲裁院裁定传奇IP需向上海恺英支付2.245亿元赔偿金。这一裁决成为双方谈判的关键筹码,形成了债权抵销的局面。

2026年2月10日,在上海市第一中级人民法院的斡旋下,双方正式签署和解协议,上海恺英支付约1.99亿元和解金,以此一次性结清4.81亿元的连带债务,并互相撤回全球范围内的所有诉讼与仲裁。

(二)假借游戏“特权号”拉人,游戏推广公司被行政处罚

2025年7月,举报人通过微信联系福建天一企业管理咨询有限公司(简称“当事人”)的“特权号预约客服”,试图获取《贪吃蛇无尽大作战》游戏的“特权号”和“内部资源号”。

当事人声称,只需参加其代理推广的另一款游戏《仙路争锋》的测试,即可预约上述特权名额。

经查,当事人在宣传中使用的“特权号”、“内部资源号”及“官方”等用词,实际上均与《贪吃蛇无尽大作战》官方无关,纯属当事人自封,且其并未向完成测试的玩家提供所承诺的特权账号。

截至案发,当事人通过此类方式共吸引38名玩家参与《仙路争锋》,累计获利51.59元。

漳州市市场监督管理局认定当事人的行为构成引人误解的商业宣传及未履行宣传承诺的违法行为。

鉴于违法所得较少且当事人配合调查,依据2025年新修订的《反不正当竞争法》及《消费者权益保护法实施条例》等规定,责令当事人立即停止并改正违法行为,并作出罚没款合计:1016.24元。

诺诚评论:

本案反映的是一种典型的“恶意拉人”游戏推广套路,其核心逻辑是:利用热门游戏的知名度,以“特权”“内部”等稀缺资源为诱饵,将玩家从目标游戏引流至自身推广的其他游戏。

当事人在推广过程中使用“特权号”“内部资源号”及“官方”等用词,但其自身与《贪吃蛇无尽大作战》官方毫无关联,也无法提供所承诺的服务。

这种行为属于典型的虚假或者引人误解的商业宣传。

同时,当事人的行为不仅欺骗了消费者,也损害了其他合法经营者的权益,破坏了公平竞争的市场秩序,可构成商业混淆的不正当竞争行为。

面对此类游戏推广套路,被侵权的游戏企业不仅可以通过民事诉讼的途径维权索赔,也可以通过行政举报的方式更高效地制止侵权行为。

(三)IAA游戏破解版免广告,被认定构成网络不正当竞争

热门休闲游戏《某某模拟器》自2020年上线以来拥有极高人气,其核心商业模式为玩家通过观看广告获取游戏资源。

2025年,权利游戏运营商成都某公司发现某下载站提供该游戏的“破解版”,直接标注“无限广告券、钻石、钞票”,使用户无需观看广告即可获得资源。于是成都某公司于2025年7月对下载站的运营商等主体以不正当竞争为由提起诉讼。 

诉讼期间,被告方某信息科技有限公司悄然注销,另一被告苏州某信息技术有限公司经传唤未到庭。调查显示,苏州某公司曾为网站域名主体,在其备案期间破解版被上传,后主体变更为案外人张某独资的公司,但侵权游戏始终未下架。

成都互联网法庭对此案进行了庭审。法官明确指出,当侵权人通过妨碍、破坏他人合法网络产品,破坏他人经营模式,抢夺交易机会,削弱他人竞争优势的,将被认定构成网络不正当竞争。同时,公司非依法清算即注销的,其股东应当承担责任。

目前,相关下载网站的破解版链接已失效,但因被告一公司注销,后续赔偿款如何执行还面临着重重挑战。

诺诚评论:

被告提供“破解版”游戏,使用户无需观看广告即可获得资源,直接破坏了原告合法网络产品的正常运行,导致其广告收益流失、竞争优势被削弱。该行为违反了《反不正当竞争法》第十三条(网络不正当竞争行为专条)及第二条的诚信原则,属于典型的妨碍、破坏他人合法经营的行为。

本案虽获法院支持,但因被告公司注销等原因可能会导致执行困难。因此,建议权利人在维权时提前核查被告主体状态,必要时申请财产保全,并尽可能追加侵权行为链条上的多个主体为共同被告,确保胜诉判决可执行。

(四)Google Play全球抽成降至20%,开放第三方支付与商店

2026年3月4日,Google宣布对Android生态与Google Play商店规则进行重大调整,被视为近年来Android应用分发生态最大规模的制度改革之一。

根据新政策,Google Play商店长期维持的30%抽成将下调至20%或更低,并允许开发者在应用内接入第三方支付系统或引导用户至应用外网站完成购买。

新的收费结构将拆分为“基础服务费”和“Google Play计费费率”两部分:若开发者继续使用官方计费系统,在美国、英国及欧洲经济区仍需额外支付约5%的区域计费费用。

此外,在部分合作计划下费率还将进一步降低,例如参与App Experience计划或Google Play Games Level Up项目的开发者,新安装交易服务费可降至15%,存量交易为20%,订阅类应用统一降至10%。

除抽成改革外,Google还推出“Registered App Stores(注册应用商店)”机制,允许第三方应用商店在满足安全与质量标准的情况下更便捷地在Android系统中安装和运行,例如Epic Games旗下的Epic Games Store即可申请加入。

该计划预计随2026年底的Android版本更新推出,并将先在美国以外地区上线。Epic首席执行官Tim Sweeney对此表示支持,认为这些举措有助于强化Android平台的开放性。

此次改革与Google此前与Epic达成的和解密切相关,并可能推动更多应用商店和支付体系进入Android生态。

诺诚评论:

Google此次对Google Play生态的改革,本质上是对近年来全球反垄断与平台监管压力的制度性回应。

此前,围绕应用商店抽成与支付限制的争议在多地引发监管审查,其中Epic Games与Google之间的长期诉讼,以及双方在2025年达成的和解,直接推动了此次政策调整。

通过降低抽成并允许第三方支付和第三方应用商店进入,Google实际上在主动降低其在应用分发与支付环节的控制强度,以缓解潜在的反垄断风险。

对出海游戏厂商而言,此次改革具有三方面重要影响。

第一,抽成结构下降将直接改善收入分成结构,特别是订阅类和新安装交易。

第二,允许替代支付意味着开发者在部分地区可以建立自有支付体系,从而减少对平台计费系统的依赖,但同时也需要承担更多合规义务,如消费者保护、支付安全与税务申报等。

第三,第三方应用商店机制的开放,可能改变Android生态长期由Play主导的分发格局,为大型发行商建立自有分发渠道提供空间。总体而言,这一改革将使Android生态更加开放,但也意味着开发者需要在渠道、支付与合规策略上进行更复杂的全球化布局。

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