Research On The Judicial Protection Of Copyright Of Online Game In China

As one of the most developed entertainment industries in the world,the online game industry is an important part of the emerging cultural market.It occupies an increasing share in the economic market and becomes a new growth point of the cultural and creative industry.Online game refers to the Internet as a transmission medium,the online game operator server terminal and online game user terminal to connect the client software as an interactive window,you can achieve more people online real-time interaction,online games is set leisure,communication.Entertainment as one of the online game.Online game is essentially to a computer software.In our country,online game software as a legal copyright protection object,and the general computer software is different.Although the two online games are not similar to the composition of the infringement,the infringer can reproduce the game works in a variety of ways,not just by copying the source.China's current judicial practice of online games as a whole as a computer software to protect the network game works are composed of a variety of elements of the collection,the judicial practice is the network game works into text works,works of art,musical works,etc.It involves online games in the works of art,works of art,musical works and a series of copyright protection issues.The copyright does not protect the idea of the work,but the expression of the work.In order to obtain the protection of the copyright law,the work must be original,the protection of the elements of online games first to analyze whether he is the copyright law to protect the original expression.In the case of infringement,the three-way infringement law of "Thought and Expression Dichotomy","Contact + substantial similarity" and "Abstract-filter-contrast" are adopted.These methods have their advantages in the copyright of online games,but there are also shortcomings,need to be repeated in the judicial practice to improve the correctness of the judicial trial.The online game industry has become an important engine for the development of the Internet economy.However,the development of a game is costly and time-consuming and requires a lot of manpower and material resources.When the online game is favored by the market,the online game enterprise disorderly competes and violates the online game Intellectual property rights followed,the infringing game can be run quickly in the market,the cost of investment can be quickly recovered,the face of online game market huge economic benefits,online game infringers for the immediate huge economic benefits At the expense of the law,the phenomenon of infringement is also frequent.At present,the court in the trial of online games intellectual property cases there are many problems,such as the existence of online games that vague,the lack of specialized laws to protect online games,the trial of online games when the process of procrastination,evidence difficulties,the lack of punitive damages and other issues.As soon as possible to change the judicial protection of online games for the situation,in order to provide the development of online games to provide a good judicial protection.In the infringement cases of online game intellectual property infringement,online copyright infringement cases occupy most of the cases.By analyzing the types of online game elements and the methods of infringement,the types and characteristics of online game infringement cases,the current situation of online game protection,the problems,Focusing on the judicial protection of online game copyright.Typical cases are persuasive,by enumerating typical judicial cases,so that courts at all levels can unify the standard,establish the credibility of the judiciary.To solve the current legislation is imperfect,judicial protection is not in place,the infringement of different standards,evidence difficulties,punitive damages are not in place,litigation ban difficult to issue.