为人制作外挂公开销售或者行为人从外挂制作者处购买外挂并公开销售的,以非法经营罪论处并无太大的争议。本案被告人并未向用户提供外挂程序,而是雇佣他人利用外挂程序为购买了外挂点卡的用户进行代练升级。争议焦点在于,无经营主体资质并利用外挂软件代练升级的行为能否认定为对外挂软件的发行、传播行为,进而认定为非法互联网出版活动。 Producing a plug-in public sales for the person or the actor buys a plug-in from the plug-in producer and makes an open sale, there is not much controversy about the crime of illegal business operation. The defendant in this case did not provide users with plug-ins, but hire others to use plug-ins to upgrade users who purchased plug-in cards. The focus of controversy lies in the fact that the behavior of non-operating main body qualifying and using plug-in software to upgrade can it be regarded as the distribution and dissemination of plug-in software, which is then identified as illegal Internet publishing activities.