Font Size: a A A

On Infringement Determination Of Plagiarism Of Online Game Works

Posted on:2012-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:H X MaFull Text:PDF
GTID:2216330338959696Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
As an emerging creative industry which has achieved a explosive growth in the last 10 years,Online Games' industrial development encount with serious drawbacks by the homogenization trend. The intersections between the behavior that imitate and plagiarize each other mutually and plagiarism violations in legal will enlarge, but in the judicial practice the cases there exist substantial similarity are rare.Not to say these acts do not constitute a legal plagiarism, but the existing adjudicate principle "substantial similarity + contact " in the application existence some defects, such acts can not be given due punishment. The "connivance" on responsibility will become a hotbed for nurturing the bad behaviors,and lead to the spread of unfair competition that strong Online Games companies plagiarize such value game works and snatch the user.This paper is divided into five parts.The first part tries to clarify the scope protection ingame engine with express and the original elements in game resources,these parts in the determination of infringement should have its function,point out the harm that the emerging phenomenon of plagiarize Online Games by analysis the causes; The second part,by discuss the doctrine of idea/expression dichotomy,originality theory,the discrimination between plagiarism and imitation ,the application circumstance of fair use, laid the theoretical foundation of infringement plagiarism;The third part,by analyze the Direct infringement judgement mode and the Indirect infringement judgement mode contrastively,expound the adjudicate principle "substantial similarity + contact " how to be applied in the judicial practice,and should pay attention to the specific design that the core rules of the game, combined with a significant feature in the case.Furthermore, identificate the significance for determine plagiarize infringement behavior;The fourth part,with the current condition that the Indirect infringement judgemente mode's apply with non-standard,the Direct infringement judgement mode has its special significance to hold back the emergement of unfair competition behaviour such as plagiarize by punishment,Combined with the new trend of development of Online Games,try to give a certain degree of improvement with Indirect infringement judgement mode, this is also a little innovative points in this paper.This paper mainly adopts literature survey analysis, analysis of network resources, case analysis, summarized induction as its research methods.
Keywords/Search Tags:Online Games work, plagiarism, game resources, the doctrine of idea/expression dichotomy, substantial similar
PDF Full Text Request
Related items