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Legal Issues On The Legitimacy Of The Use Of Game Screens In Online Game Broadcast Platform

Posted on:2019-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhangFull Text:PDF
GTID:2346330545985200Subject:Economic Law
Abstract/Summary:PDF Full Text Request
There are currently only cases of Mars v.DouYu and NTES v.Hua Network Technology in the case of domestic online game broadcasts.However,there are differences in the courtís opinions on whether the live game screens can be affected by copyright laws.In the case of Mars v.DouYu,the court held that the game screen of the game was not protected by the copyright law.In the case of NTES v.Hua Network Technology,the court found that the continuous game screen in the live broadcast constituted a film-like production.The disagreement between the courts caused the academic community to discuss the qualitative nature of the game screen.This article also starts with this disagreement,because a major premise of the online game live broadcast industry is the use of game screens.If the dynamic online game screen in the live broadcast can become the object of copyright law protection,the use of the game screen by the online game live broadcast platform constitutes infringement of the game copyright owner unless the use of the game screen by the online game platform can constitute reasonable use.However,in the case of NTES v.Hua Network Technology,the court denied Hua Network Technology Companyís defenses against reasonable use,arguing that Hua Network Technology Company constituted copyright infringement.Therefore,there are legitimacy problems in the existing business models of all online game broadcast platforms.For a newly emerging business operation model such as online game broadcast,if there is a natural problem that the business model is not legal,then the whole industry will be difficult and lasting.The capital investment that will rush into the webcast industry from 2016 will also be Bamboo basket water.Therefore,this article will study the legitimacy of the use of game screens by online game broadcast platforms.Although there was no discussion about unfair competition in the judgment of the court in NTES v.Hua Network Technology,it was because the court in this case believed that the behavior of the flower company constituted a copyright infringement and did not need to consider the situation of unfair competition.This article is based on the view that the online game broadcast platform constitutes a reasonable use of the game screen.In order to demonstrate that the online game broadcast platform is legal for the use of the game screen,the online game broadcast platform will also be applied to the game screen from the perspective of unfair competition law.Use to expand the discussion.This article is divided into three parts:introduction,text and conclusion.The text is divided into four chapters.The main contents and viewpoints are as follows:The first chapter starts with the two existing judgments of the online game live broadcast,analyzes the courtís referee rules,and finds out whether the game screen is the subject of copyright law and whether the game screen is the subject of copyright law.Further,in the case that the game screen is an object protected by the copyright law,whether the use of the game screen by the online game live broadcasting platform constitutes a reasonable use.The second chapter discusses the controversy of whether the game screen can be protected by copyright law based on the analysis in chapter one.From the analysis of the path of online games protected by the copyright law,it is concluded that the online game can be set as a movie-like work.Further,by analyzing the role of the game player in the game process,it is determined that the game player cannot perform operations other than the preset of the game copyright owner.It also refers to the characterization of dynamic game screens by extraterritorial judicial practice,and draws conclusions that the game screen is determined during live broadcasting and can be subject of copyright law.The third chapter puts forward that the closed regulations concerning the reasonable use of the copyright law of our country are too rigid.The judgment rule on fair use in Article 8 of the Supreme Peopleís Court No.18 of[2011]draws on the rules for judging the reasonable use of convertibility in the United States.Based on this,when judging fair use,it is not necessary to go against the Copyright Law.The 12 conditions specified.After determining the reasonable use of judging rules that can be reasonably used in conversion,this paper proceeds from the establishment of several jurisprudences for the rational use of conversion,and analyzes the constitutive elements of the rational use of conversion,and then the the use of game screens is based on the analysis of the criteria for the rational use of conversion,and it is finally believed that the use of game screens by the online game live broadcasting platform constitutes a reasonable use of conversion.The fourth chapter first analyzes the new competition rules in the Internet age,and the challenges posed by the new competition rules in the judgment of competition relations.It also puts forward rules for judging competition relationships in the Internet era,and then analyzes online game live broadcast platforms based on the judgment rules of competition relations.The relationship with the game copyright holders shows that there is no competition relationship between the online game live broadcasting platform and the game copyright owner.Therefore,there is no risk of unfair competition in the use of the game screen by the online game live broadcasting platform.
Keywords/Search Tags:online game live streams, fair use, competitive relationship
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