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On Judgement Of Plagiarism Of Online Games Based On The Paopaotang Case

Posted on:2014-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:S H JianFull Text:PDF
GTID:2296330425979119Subject:Intellectual property law
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It is a choice for game developers to imitate or innovate.According to the currentsituation,there are many unpredictable risks to innovation,but imitating can help makeenough money and have no law risks,because there are rare judgment of the online gameplagiarism infringement in the judicial practice. But,the online game homogeneityphenomenon has become so increasingly serious that it starts to hinder the creativeindustry from continuing developing.It is imminent to use legal means to curb imitationand counterfeit, making the recipient undertake the corresponding lawresponsibility.Some shortcomings in the judicial practice lead to a copycat easily bypassing the tort liability and the original copyright of the game getting no due protection.Firstly the plagiarism judge must pass a certain judge method to avoid the similarity of thework, then according to the plagiarism standards, the judges try to evaluate whether theplagiarism is founded or not. Through Paopao case analysis, starting from the disputedpoint in the case, this thesis raises the discussion of the online game character, judgementmode and method, applicable standards and so on, and puts forward countermeasures forsimilar cases.This dissertation is divided into four parts.The first part introduces case content anddraws three legal disputes: the nature of online games,judging criterion of online gamesand the judging methods of online games.The second part is the elaboration and analysisof three controversial points from the current law and legal theory.The discussion of thefirst disputed point involves two parts.Firstly,it clarifies the nature of the network game asa whole, namely whether the game can be viewed as a work protected by copyright;secondly through the dissection of game and extraction of game characteristics, itanalyses singly the component part which has copyright dispute trying to come to aconclusion according to the existing views and past cases.At the same time, the reflectingon the component part which have not originality intends to explore whether these partscan play a role in plagiarism decision or not,foreshadowing for judicial application of thespecific case in the third part.The discussion about the second disputed point is about thejudging criterion.In the judicial practice of the copyright, there are two criteria about thecognizance of similarity degree,namely quality standard and quantity standard, mainly discusses the content and relationship,and there are two criteria about the plagiarismjudgment, namely “substantial similarity+contact” standard and originalitystandard.According to the different partial focus in the application process of the twostandards, the author tries to clarify the application of standard type in differentwork.The discussion of the third disputed point is about how to choose judging methodsto judge the plagiarism of the online game. From present comparison methods whichinclude every word comparison method,"abstract-filter-compare" three-step method, allideas and feeling method,the author makes a conclusion that works for which each type ofmethod is suitable,and the needed judge methods of all the works existing in the onlinegame. The third part apprises the specific application of online game’s nature,judgingcriterion,judging methods by exploring the disputed points in Paopaotang case, andsummarizes the relevant problems which should be paid attention in similar case.This partcontains author’s innovation.
Keywords/Search Tags:Online Games, plagiarism, Substantial Similarity, Originalstandard, judging methods
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