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Research On Legal Problems Of Online Games-Plug Copyright

Posted on:2017-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:D D ZhengFull Text:PDF
GTID:2346330485498160Subject:Intellectual property law
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In Internet age, online games have become a common pastime. With the emergence of online games, game plug has caused some adverse social impacts. But because the concept of online games copyright concrete is not clear, the problem has not been effective regulation. Therefore, with relevant judicial practice, this paper focusing on: In the existing legal system, analyze the specific concepts of online game copyright, and applies them to solve the problem of copyright online games plug. Text is divided into five parts:The first part starts with the harm of the game plug, try to find the essential of the problem. By combing the relevant judicial documents, I think the missing of copyright Civil Procedure is the reason of game plug's ungovernable. Binding criminal judgments focus of controversy, I find the key is related concepts have not been understood clearly: There is no uniform understanding of the type of online game works. Online game program specific subject matter of copyright regulations is not clear. There have some disputes of the content of relevant copyright.The second part takes software runtime behavior as clues, combing the definition of principles and operation of online games plug-in, discusses related concepts before clarifying legal issues. I believe that the plugs are unauthorized third-party programs which deliberately programming for the implementation of substantive influence behavior in order to achieve a particular functionality. Then I classify plug by the behavior and function.The third part talks about the analysis of the types of online games work, the object of copyright and related rights content. For type of online game, I think the opinion of simple computer software can not deal with the reality of development. The opinion of multimedia had been lack of theory. The opinion which regarding online game as computer software combined with others is the most balanced. It can respond to the needs of development without destabilizing law.The issue about the object of online game copyright went through three directions. In static codes, program should be account with function but not with the file level. With operation codes, they can become the subject of copyright protection if they fit conditions of work, no matter with the temporary copy. The information from the input and output of online game can become the subject of copyright protection if it fit conditions of other work style, no matter with how it works in online games.The use of online games plug-in process may involve violations of the right to copy, modify, and integrity of the work. The main issue of copy right is how to understand part copy. In my mind, the code of online game should be classification with function before comparing with plug. If the two parts exist substantially similar, we can account the plug programmer infringe right of copy. The right of modify is a important issue. As some expert said, it only prevents others from using the work creation of new works. But considering the use of program may cause the evaluation reduced, the modify right should ban the over use to prevent it happens. The integrity right related to the code of common forms of work. It has not much different with the common work of digital style.In determining the scope of copyright protection of online games, we can analyze whether the use, preparation, dissemination of plug is unlawful act. In my mind, the use of plug for static code changes involves copyright infringement. Memory scanning does not constitute copyright infringement. If technical measures are effective and necessary, the avoiding of them is illegal. Use of plug-simulation and modify the input signal does not involve copyright infringement issues. The other situation is similar with common work. The preparation and dissemination of plug could cause the indirect infringement.The fourth reference extraterritorial experience. There are some differences between the Japanese copyright law and ours. They have more operational in the configuration of software copyright, Fair use, Temporary Copy and personality rights. Their specific cases provide us a way to understand the meaning of law provisions. In the relevant experience of the United States, we should pay more attention to procedures for ascertaining the facts. It has a great use in our practice. All of those could be used as reference to solve the problem caused by plug.Part fifth presents recommendations to improve China's online game copyright laws and related systems. I think it should be made clear in the legislative work of the nature of online games, the definition of a computer program works, the scope of the computer program's modify right, limitations on the rights of technological protection measures, set up user agreement Copyrights invalidation. We should put more attention on detailed explanation in the judicial process. And try our best to maximize the use of online games resource through policy guidance...
Keywords/Search Tags:Online games, plug-in, the game works property, Copyright, technical measures
PDF Full Text Request
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