Study On Mobile Games Copyright Infringement Rules

In the past two years,plagiarism and "copycat" phenomenon of mobile games constantly emerging,then on the mobile games copyright litigation is also increasing,with Blizzard Entertainment,Inc.and Shanghai EaseNet Network Technology Development Co.,Ltd.v.Guangzhou Youyi Electronics Science & Technology Co.,Ltd.of copyright infringement dispute case and Beijing Locojoy technology Co.,Ltd.v.Beijing Kunlun Lexiang Network Technology Co.,LTd.of copyright infringement dispute case are typical representatives.As mobile games do not belong to the type of work protected by the current "Copyright Law",makes mobile games in this framework can only be split into various elements for individual protection,so that the copyright of mobile games can not get fully protected.The first part briefly introduces the basic situation of the two cases above,which focuses on the identification of the work on the verdict,Then led to the current situation of the protection of mobile games copyright is worrying,the problem is not comprehensive and lack of strength Then the paper analyzed the reasons of frequent plagiarism phenomenon of mobile games are as followed: its software is more susceptible to be deciphered,operations of mobile games bring huge profits,the life cycle of mobile games is only 6-12 months which leading game developers desperately cutting costs.But the trend of mobile game development is towards severe and exquisite games,the protection of mobile games' copyright should be more focused on its entertainment and interactive.Thus,in the second part,the paper discussed the legal attributes of mobile games.According to the split protected manner in current practice of mobile games copyright protection,respectively,analyzed the legal attributes of mobile games artwork,video,animation,etc.,and pointing out the advantage and disadvantage of split protection.In addition to the variety of static elements for mobile games,more important,rules of the game are the core part,which condensate more intellectual labor of the game developers.Based on the combination of domestic and international practical protection experience for mobile games,fully demonstrated rules of the game can be incorporated into the copyright protection and the conditons.Then compared the mobile games with comprehensive works like film works and collective works,concluded mobile games can not be included in these works.On the basis of the comparison with mobile games and film works,extending the current hot discussion: videos which game players involved in the completion.The paper divided them into recorded mobile game video and live mobile game video,discussed them separately of their legal attributes and related violations,as well as their association with mobile games' copyright itself.The third part is a comparative study of the originality standard,herein referenced the originality standard of the UK,the US which belongs to the copyright system,and the originality standard of the French,the German which belongs to the authorship system.Taking the famous case,The Spry Fox as examples to illustrate the rules of the game for mobile games,mobile games overall,can break through the existing copyright protection framework for protection.Then discussed the originality standard which currently practice in China,because in our country there is no uniform definition of originality or originality standard,what's more "creativity" is a subjective concept,people have different cognitive,resulting the verdict is very different.The fourth part mainly combined with the foregoing analysis,and according to the basic way of judging the violations of the mobile games in practice: "substantial similarity + contact",firstly,analyzed the constituent elements of mobile games,could be treated as single work,and the infringement of game overall,can learn from the judge of The Spry Fox method "internal test" and "external test" to judge whether the two games are similar on the overall concept and sense.Different from the generally violations against mobile games,the violations against videos which game players involved in is mainly related to infringement of derivative works or infringement of performers rights violations,and therefore it is necessary to discuss separately.Then the paper summarized the computer program of mobile games',the picture and sound,rules of the game and originality standard of the game overall.The fifth part,as a summary of the full paper,expresses the authour's view that mobile games' copyright protection should be systematic and comprehensive,and should not be mechanically split its constituent elements.This article hopes to provide more ideas for copyright protection of mobile games,thus promote the development of mobile game industry.