| The online game industry as an emerging industry develops rapidly in recent years in China. As the online games grow, some of the third-party softwares are developed with the online games. The third-party software doesn’t exist independently, it often needs to play the role of attachment to the specific online game, this kind of software is usually referred to as the plug-in software. The use of "plug-in" software may infringe the copyright owners of network game, the legitimate rights and interests of the publishers and network game players, even may disturb the normal market order. The use of "plug-in" software may threaten or damage the computer network information security, including the possible of automatically install the virus program, to steal personal information of the users, violations of property and virtual property security. This leads to a series of legal problems between the original network game developers and plug-in software produced inevitably.This article selects the Shenda corporation v. Dongjie and Chenzhu illegal business case as the breakthrough point, and then analyzes the network plug-in infringement of this problem. The first part of the article begins with the Shenda Co. v. Dongjie and Chenzhu illegal business case. Firstly, the article descirbes and analyzes the cause, the procedure and the result of sentence respectively, thus leads to the concept, online games plug-in software and then the abstract concept of concept definition, the tort liability of online games plug-in software analysis, according to China’s current laws and regulations, evaluation and analysis of problems related to online game plug-in software. Secondly, by combining the specific conditions and characteristics of the case, the legal liability issues and the controversial matters which exist in the case are analyzed, the abstract theory and concrete case are combined to analysis the case study and discussion, which make the problem more specific and clearer. Finally, the article try to dissect the deficiency of law in our country which are regulation of network game plug-in infringement problems, the author puts out of some of his own ideas and countermeasures that are put forward to solve this problems. The purpose of this paper is to analyze the online games plug-in infringement, which is a hot issue in the community through the typical case, experts and scholars have public opinions are divergent. The author also puts forward his own, coarse and crude views and opinions, hoping to make some contributions to the plug-in infringement disputes, the collection of judicial investigation evidence and compensation standards. |
PDF Full Text Request