## Facts

- Tianli Project Advisory Company (Tianli) developed and owned proprietary software used in its business.
- Wang Antao previously worked for Tianli and left the company.
- After leaving, Wang obtained an illegal copy of Tianli’s software.
- Wang asked another former Tianli employee to make changes to the software.
- Evidence in the case indicated that the requested changes were not actually made, or were not meaningfully implemented.
- Wang formed Honghan Software System Company, Ltd. as the vehicle through which to sell software based on Tianli’s program.
- Tianli sued Wang for infringement based on his acquisition and commercial use of the copied software.
- The trial court ruled for Tianli and ordered Wang to compensate Tianli for losses caused by the infringement.
- Wang appealed to the Hangzhou City Intermediate People’s Court.

## Issues

1. Whether a former employee who acquires an illegal copy of an employer’s software and uses it in a new business commits actionable civil infringement.
2. Whether the defendant avoids liability by claiming that modifications were planned or requested, where the evidence shows the modifications were not made (or did not materially change the software).
3. What civil remedy is appropriate when infringement is shown, including whether the defendant must compensate the plaintiff for resulting losses.

## Decision

- The Hangzhou City Intermediate People’s Court addressed Wang’s appeal from a trial judgment for Tianli.
- Based on available summaries, the court’s resolution left Tianli as the prevailing party and maintained a remedy requiring Wang to compensate Tianli for losses tied to the infringing conduct.
- The case turned on Wang’s unauthorized acquisition and use of Tianli’s software and on evidence that the supposed modifications did not defeat the infringement claim.

## Legal Principles

- Computer software may be protected as an intellectual property right, and the rights holder may seek civil relief against unauthorized copying and use.
- Obtaining an illegal copy of a software product and commercializing it through a separate business can support a finding of civil infringement.
- A defendant cannot defeat a software infringement claim merely by asserting that changes were requested or intended; courts look to whether the accused software is materially changed in fact.
- Civil compensation may be ordered to address losses caused by infringement where the plaintiff proves entitlement to monetary relief.

## Conclusion

Tianli Co. v. Wang Antao is a civil software infringement dispute in which a former employee obtained an illegal copy of Tianli’s software, formed a company to sell software based on it, and argued that modifications were involved. With evidence indicating the modifications were not made, Tianli prevailed and Wang was ordered to compensate Tianli for losses, with the dispute reaching the Hangzhou City Intermediate People’s Court on appeal.


Tianli Co. v. Wang Antao, Hangzhou City Intermediate People’s Court (1999)