"Game-plug-in" Issue Of Online Games Penal Thinking

Online games is a new industry, As the industry progresses day by day, more and more game-plug-incame to the online games. The game-plug-in is one of the enhancements computer programs, it meanscheat by modify the server program,the clients program, and change the transferred informationbetween the servers and the clients. Since the program independent of the game software and externalto the game program, so called game-plug-in. Today, the amount of game-plug-in has become thesuccess of online game standards. There are even players joked:"The game what has no game-plug-in isgarbage.” But, the emergence and developing of game-plug-in has many negative effects, Especially tothe game operators, game players, and network environment and all of the information industries.Mainly in the following aspects:First to the game operators, on the one hand it reduces the difficulty of the game and attractiveness tothe players,reduced the game operators’ profits, increased operating cost; on the other hand,thegame-plug-in also damaged the reputation of the game operators.second,the game-plug-in destroy thefairness of the online game,the game-plug-in users can level up faster than the average players,lead tothe average players leave the online game. In the end,the game-plug-in seriously affected theinformation security of the network environment and the healthy development of the online gamingindustry. Online games plug-in development to a certain stage, there have been a division of labor,formed a development, production and operation of underground industrial chain, damaged the goodprospects for development of this sunshine industry, strangle the national game publishing industry andthe industry’s enthusiasm for innovation.The harm of the game-plug-in is more and more big, today in the judicial practice has emerged a largenumber of criminal cases related to the online game-plug-ins, for example, in2004, someone withoutpermission, organize others to decipher "legend3" online games, developed a game-plug-in about theonline game “legend3”,get more than2million Yuan by selling the game-plug-in to the players; again,in2005, the defendant Mr. Han unauthorized, adopt the method of decompilation to the game “QQfantasy”, write the "qq fantasy assistant" game-plug-in and sell it to the players, operations amounting tomore than30million. In this two cases, People’s procuratorate to Sue for copyright infringement crimes,but the court is to crime of illegal business decision, it makes the discussion about the game-plug-inscases and the relationship between the crime of illegal business and the crime of copyrightinfringements.The legal issues about the game-plug-ins has became a difficult problem in theory and judicial sectors.The main reason is that the appropriate regulatory lags. Although the relevant departments have alsointroduced a number of ideas and policies, because of lacking the depth understanding of game-plug-inscomplex technical,and has no completely clarified principle about the game-plug-ins. Simply recognizethe "plug-in" is a permission or license, destroying someone else’s copyright technological protectionmeasures, unauthorized modification works of others infringement, lead to make complex questionssimplify. The online game is a new thing, the understanding of concepts and operational mechanismalso still shallow, it is necessary to carry out further in-depth understanding and research, otherwise actsagainst game-plug-ins will not be carried out. So this paper attempts to analyze the concept ofplug-behavior, mechanism, type, and through the classic case of the discussion and analysis, trying tosolve the problem about the plug-acts.In fact,as software plug-cases are more or less left traces, verification of the facts is not much difficulty in itself, the key question is the qualitative to game-plug-ins behavior. To this end, it is necessary to actaccording to the nature of the infringement of legal interests, to decide whether to constitute the crimeof copyright infringement and illegal business crimes, or is not guilty.