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Study On Copyright Protecting Of Online Games

Posted on:2018-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:T T SuFull Text:PDF
GTID:2346330515477880Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The continuous pursuit of people's own spiritual and cultural life and the popularization of Internet technology gave birth to a new product,namely online games.Moreover,online game industry has been in a very rapid development process,and gradually becomes a major force in China's economic development.However,there will always be many problems in the development of the online game industry.Unhealthy competitions between online game companies and online game infringement cases gradually come into the public view.Especially,in recent years,the online game copyright infringement lawsuits become more and more.Because of the particularity of online games,it is difficult to locate online game in copyright law.So in the course of practice,the protection of online games also faces many difficulties.So,based on thinking about above questions,this text begins to study on Online game copyright protection according to collecting,arranging and analyzing of literatures and cases.Except the introduction and conclusion,this article mainly includes five chapters.The first chapter is the about the basic theoretical content of online games,in order to get a preliminary understanding of the whole of online games.Online game is a multiplayer online game which is dependent on the Internet's services and through the the client to connect the server for data exchange for the player to show a multi-level experience.It mainly includes game name,game plot,game program,game scenes,characters,music and so on.The second chapter mainly reviews online game infringement and the way of legal protection in China.There are four ways of protecting online game in our country,such as the protection of copyright law,the protection of trademark law,the protection of trade secrets and the protection of patent law.But the author believes that before choose which legal protection model for online games,it should first clear it's legal properties.The third chapter mainly discusses the legal attributes of online game copyright.The online game is up to the two characteristics of the “works”,so the online game should belong to the “works”.it analyzes that which work the online games should be looked as.Online games as a computer software will ignore the most important expression of online games to protect the effect.It as audio-visual works will ignore the interaction of online games.And it as a multimedia work will need solve the previous question.Therefore,I believe that online games should be classified as a separate work by the copyright law protection.Therefore,I believe that online games should be classified as a separate work protected by the copyright law.Then,the article analyzes the feasibility of its existence as an independent workThe fourth chapter mainly sums up the problems in the protection of copyright of online games in China.And it mainly includes four aspects.Firstly,there is no clear legal basis for copyright of online games.Secondly,the scope of copyright protection of online games in China is uncertain.Thirdly,the ways and standards of online game copyright infringement aren't appropriate;Fourth,online game copyright should not take the decomposition protection mode.The fifth chapter is about some suggestions on how to protect the online game copyright on the basis of the previous text.First,on the legislation it should gradually improve the relevant laws and regulations,when the “Copyright law” is amended in the future,look the online game as a separate work,and develop a separate regulation to manage online games.Secondly,it is through the release of typical cases,judicial interpretation and other forms of online game copyright to determine the scope of protection.Thirdly,when we judge the substantive similarity,look the work as a whole part and use the ordinary people standards.Fourth,online game copyright protection mainly take the overall protection model.The sixth chapter is a summary of.The paper analyses the copyright protection of online games,and summed up some of the less mature suggestions.Moreover,some shortcomings of this paper are also put forward.
Keywords/Search Tags:Online Games, Copyright, Work, Infringement, Substantive similarity
PDF Full Text Request
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