| The rapid development of the Internet has spawned many new things, onlinegames is one of them. In the last ten years, China’s online game industry has growninto a large-scale cultural industry. However, along with the rapid development ofonline games a large number of online games-related issues emergence. And the usingof online games plug-in software has being the most serious issue. Plug-in softwarewill destroy the balance state of the online games, damage the interests of onlinegames companies, and eventually harm the development of the online game industry.Our government has been using administrative and criminal justice means to combatthe phenomenon of plug-in, but it is far from effective enough to rely on these means.In order to timely and effectively curbing the flooding of plug-in and protecting therights of copyright owners, we must also analyze the plug-in related issues from theview of copyright law and civil law. Especially analyze the copyright issues and theliability of the plug-in providers.Besides the introduction, there are five parts in this thesis. Part I introduces thetechnical features of online games plug-in, including the definition, nature, principleof the plug-in. Part II analyzes whether plug-in providers infringe copyright. Becausethe plug-in software itself is original and does not constitute substantial similaritywith the online game software, plug-in providers do not constitute a directinfringement. Because the plug-in users violate no copyright of the online game companies, plug-in providers do not constitute an indirect infringement. Part IIIanalyzes whether plug-in providers "provide a product or service for circumventing atechnological measure ". With respect to online games’ dynamic non-literal elements,online game companies have set up effective technological measures. Since theplug-in can circumvent such measures and the providers with the intent to design orprovide such product or service, the plug-in providers violate to copyright law. PartIV analyzes whether plug-in providers constitute an infringement of creditor’s rightsand the answer is they meet all the five elements. Part V puts forward some proposalson civil justice and civil legislation. On civil justice, it suggests courts to invokefallback provisions or hold the plug-in providers constitute an infringement ofcreditor’s rights. On civil legislation, it suggests to improve "Copyright Law" and"Computer Software Protection Regulations", and establish the system of the thirdparty’s infringement of creditor’s rights. |
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