| On May 9,2016,Shanghai Intellectual Property Court made a judgment of second instance on the first Internet live case of e-sports games in China.This case has attracted widespread attention in the field of intellectual property.Scholars and the massive judicial staff have expressed their views and had a heated debate on the legal rights and interests of Internet live platform of e-sports games.There are strong confrontations in e-sports games.After their appearance,they gradually differentiated from other casual games and developed into independent game categories.Due to their unique athleticism,their unified and relatively mature competitive rules,and the extensive public participation,e-sports games were identified as a formal sport item in 2003 by General Administration of Sports of China.E-sports games industry is becoming gradually mature.It has formed a new industry chain and become an important pillar of the development of some countries.Therefore,it is currently also an important area of intellectual property competition.The live industry of e-sports games emerged with the development of a mature e-sports game industry.The live industry has undergone a devious development in China.At first,the e-sports games were showed on the traditional TV platform,and then experienced the blank period due to the authority's control.Finally,with the help of Internet technology,they found their market on the Internet and managed to transform their platform.The Internet live industry of e-sports games uses a newly-emerging Internet technology to propagate e-sports games.A certain amount of intellectual work were carried out in the process,e.g.the selection of game screens,production,dubbing and interpretation,but the existing laws on intellectual property do not have clear regulations on recognizing their intellectual contributions.From the perspective of protecting rights and interests of the Internet live platform of e-sports games,this thesis explores the current hot three protection methods based on the "Copyright Law" and the "Law for Countering Unfair Competition",i.e.endow the platform with author identity,endow the platform with neighboring right holder,protect the platform's competition interests.Through analysis,the author thinks that using neighboring right to protect the interests of the Internet live platform of e-sports games to reasonably expand the right of broadcasting organization is a nice choice in that it not only can protect the coordination of copyright legal system,but also can fully respect and recognize the intellectual labor of the live platform.This thesis is divided into five parts.The first part is the introduction,where e-sports games are defined,the development of current e-sports games industry is briefly introduced;e-sports games are recognized as the protected object of copyright;and the Internet live industry of e-sports games generates from the e-sports games industry.The second part introduces the development process of the Internet live industry of e-sports games and the current competitive situation of the industry It is revealed that it is urgent to define the interests by law,to purify the environment of the industrial development,in order to provide thoughts and ideas for the study of protecting the rights and interests of the Internet live platform of e-sports games.The third part focuses on the legal nature of the behaviors of the Internet live platform of e-sports games,including the behavior of using works,the behavior of creating works,the behavior of propagating works and the behavior of general business.The situations where the behaviors are identified as rational use are analyzed;the behavior of creating works is identified by judging whether the game screen is independently created by itself according to the standard of originality;for the behavior of propagating works,the thesis explores the rationality of the system construction related to the behavior of propagating works based on the Copyright Law,and then analyzes and identifies the possibility that the Internet live of e-sports games has the behavior of propagating works;the behavior of general business is identified from the perspective of the Law for Countering Unfair Competition.The fourth part proposes the measures of protecting the rights and interests of the Internet live platform of e-sports games and then analyzes the pros and cons of different measures from the aspects of the "Copyright Law" and the "Law for Countering Unfair Competition".The "Copyright law" can endow the platform with author identity,and it can have the copyright based on its intellectual labor,which will inevitably reduce the judging standard of works' originality in an appropriate way;besides,the platform can be endowed with the identity of neighboring right holder to recognize its labor contributions in propagation.But it needs to break through the legislation thinking of propagation subject and appropriately expand neighboring right.The "Law for Countering Unfair Competition" conducts the discussion from the general terms and categorized terms.The fifth part presents the author's personal views that the legislation should protect the rights and interests of the Internet live platform of e-sports games from the perspective of theright of broadcasting organization.By comparing the similarity between the Internet live platform of e-sports games and the broadcasting organization,the benefits and disputes in the expansion of the right of broadcasting organization are clarified and the necessity of the right expansion is analyzed.Finally,through the reasonable definition of the object of the right of broadcasting organization,as well as the expansion of the subject of right and its content,the rights and interests of the Internet live platform of e-sports games can be protected. |
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