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Study On Online Games Plug-in Infringement

Posted on:2012-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:D M LiFull Text:PDF
GTID:2216330338959519Subject:Law
Abstract/Summary:PDF Full Text Request
In the past ten years, online game developed rapidly in China and now it has become a new industry. But the plug-in software used in online game has become a serious issue which threat to the development of the online game. Since, the history of the online game industry is short and the legislation is not perfect. The online game plug-in software are getting wanton and it has seriously affected the development of Chinese online game's industry. Author believe that it is necessary to carry out the theoretical researches which related the online game pug-in software under this background.Besides the introduction, there are six parts in this thesis.The first part is a short introduction of the case that Tan Wen Ming and so on illegal production and the operation of the plug-in of "Devil Illusory Image". In this part also introduced the disputes of this case and some scholars'viewpoints on this case. Academic viewpoints diverged greatly some scholars believe that Tan Wen Ming and so on infringed the copyright of the author's while the others believe it is only a secondary development and it does not infringe copyright.The second part introduced the definition, classification and hazards of the online game plug-in software. The sholars'viewpoints differ about the definition of online game plug-in software. There are many kinds of online game plug-in software and the thesis made a short introduction. The online game plug-in is very harmful and it shows concretely as follows. First it infringed the copyright of online game software. Second, it tort the benefits of the online game operators. Third, the online game plug-in software also break the rules and the balance of the online game. Finally, the online game plug-in software harm to development of Chinese online game industry.The third part introduced the foreign and domestic legislation and juridical practice on online game plug-in. The thesis made a simple comparison between China and foreign countries which may provide a reference for China to establish improve the system to regulate the online game plug-in software. This thesis introduced two online games plug-in infringement cases which come from Japan and the United States and briefly discussed the relevant legislation. The Japanese case had a certain impact to the practice of Japan. And it showed the practitioners of Japan have begun to believe the behavior modify the data of computer software also infringed the right to maintain identify of a work. In Japan, the Copyright Act does not provide the right of amendment, but it have provided the right to maintain identity. In fact the right to maintain identify of the Japanese Copyright Act include the right to amend and the right to keep the integrity. The thesis also introduce the case of Blizzard vs. MDY. This case is a typical online game plug-in software infringement case. The court found that the plug-in software Glider manufactured by MDY infringed the copyright of the WoW and the court ordered MDY to compensate Blizzard 600 U.S. dollars. The case involved the application of U.S. copyright act. The dispute of the case is that whether it is a infringement to copy source code to computer RAM temporarily. The court found that the Glider is not authorized by Blizzard and it will copy the code of the WoW to the computer temporarily when Glider running. The court believed the temporarily copy infringed the copyright of the Blizzard. Finally, this section also introduced the relevant regulations in China.The fourth part is the most important parts of this thesis and it is an analyze the infringement of the online game plug-in software. In this part, it is analyze the infringement and the subject and object which infringed by the infringement. Firstly, the thesis analyze representational of the infringement. And it mainly manifest in three aspects:first, the manufacturer carry out the coding without authority; second, the performance of communication of the plug-in software while the behavior knowing that is illegal plug-in.; third, the illegal use of online games plug-in behavior. Next, the thesis presents the online game plug-in infringer is not only plug-in coder but also should include the peddler and the user. Subsequently, the thesis analyze the object infringed in the online game plug-in infringement. The thesis pointed out that the purpose of the online game plug-in is that through various technical means to cheat in the games and it interrupt the running of the online games. So it breaks the balance of the games and thus distorts the authors'thoughts which expressed through the game and it infringed the right to keep integrity of the work. Second, the online games plug-in software is a copy of the modified online game. The modification of the online game is not authorized by the owner of the copyright. And the modification is not base on a legal purpose. Thus the modification infringed the right of amendment. Third, the online game plug-in software also infringed the reproduction right for it copied a part of the online games'code. Then online game server can't afford excessive use of the plug-in software. The online game plug-in software reduced the life of the online game and harm the economic interests of operators. It violated the rights of online game operators. The thesis analyze the infringement of the online game plug-in software and the subject of this kind infringement is not only include the plug-in software producers but also disseminators and the users.The fifth part introduce the existing problems of the legislation in China. The thesis points out:First, there is lack of a precise definition of the online game plug-in software in China's current regulatory documents. Because the concepts are not clear, it may bring confusion in judicial process to identify online game plug-in software. Second, the rights of operators does not specified. So the scope and the judicial remedies of the operators'rights is not clear. This situation is very bad for these operators. Third, there is no clear infringement liability principles in online game plug-in infringement. And the principles is related to the standards which used to identify responsibility. Fourth, the standard infringement compensation showed be improved. Fifth, in China the process of the legislation related to online game plug-in is slow. The main reason is the related research can not supply a strong support to the legislation in China. And it result the slow process of legislation.Aiming at the problems the six part provided some personal viewpoints to perfect legislation. First, related regulations should define the online game plug-in software clearly.Second,the future legislation should provide the rights of online game operators. Third, the regulation should make the doctrine of liability fixation in infringement of online game plug-in clearlly. Fourth, China should establish a rational system of compensation for the damage of the infringement. Fifth, the related theory research should be more intensive and legislation also should speed up.
Keywords/Search Tags:Online game, Plug-in Software, Infringement
PDF Full Text Request
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