The Application Of Substantive Similarity Principle In Online Game Copyright Infringement Cases

As an emerging creative industry which has achieved a explosive growth in the last 10 years,Online Games' industrial development encount with serious drawbacks by the homogenization trend.The intersections between the behavior that imitate and plagiarize each other mutually and plagiarism violations in legal will enlarge,but in the judicial practice the cases there exist substantial similarity are rare.Not to say these acts do not constitute a legal plagiarism,but the existing adjudicate principle "substantial similarity + contact " in the application existence some defects,such acts can not be given due punishment.The "connivance" on responsibility will become a hotbed for nurturing the bad behaviors,and lead to the spread of unfair competition that strong Online Games companies plagiarize such value game works and snatch the user.The principle of "substantive similarity + contact" is often abbreviated as the principle of substantive similarity.It was born in the United States case law.However,regardless of domestic and foreign laws,this rule has not been explicitly stipulated in the form of legislation.It is only a kind of copyright infringement.Theoretical summary and experience summary.The main principle of substantive similarity is to prove that the works created later have the same ideological expression or ideological content as the previous works,and there is a possibility of copying this infringement.In the current judicial practice,the substantive similarity principle mainly has five kinds of detection methods,namely abstract analysis method,pattern test method,functional test method,Altai test method(three-step test method)and internal and external test methods.Although the principle of substantive similarity has been gradually perfected in theory,in China's judicial practice,there is a confusion in the application of detection methods,poor operability of the principle of substantial similarities,"re-similarity and lightness in substance," and mechanical decomposition of the game elements,and easy judgment of plagiarism conclusions.And other issues.Therefore,under the premise of including the current major online game infringement methods and the court's protection mode of online game copyrights,this paper takes 97 practical cases as an analysis sample,and uses an empirical research method to analyze and categorize the current online game copyrights.The problems existing in judicial trials in infringement cases and the analysis of the specific application path and strategy of the substantive similarity principle from the decisive aspect.This article is divided into six parts.The first part is the introduction part,which mainly introduces the current prosperity and huge economic value of the online game industry,as well as the prominent plagiarism in current online games,in order to elicit the judicial role of substantive similarity principle in the identification of online game plagiarism.The second part mainly introduces the legal connotation,the legal basis and the specific detection method of the substantive similarity principle,which lays a theoretical foundation for the current judicial research on the substantive similarity principle and the applicable strategy.The third part mainly discusses the judicial status quo of China's online game copyright infringement based on substantive similarity principle.Through empirical analysis,it specifically expounds the trial situation,application status and reasons of online game copyright infringement in judicial practice.The fourth part analyzes the concrete application path and strategy of the substantive similarity principle from the perspective of the actual level,and believes that the identification of the type of work and the originality of the work,and the choice of observer perspective will influence the choice of specific detection methods.Substantially similar applicable strategies are also very necessary,and this part is also the innovation point of this article.In the fifth part,based on the discussion of the first four parts,the typical case of Netease v.“Pocket Fantasy” infringement case was selected,and the principle of substantial similarity was specifically applied to the actual case to test the rationality of the paper's point of view.The last part is the conclusion.This article mainly uses literature survey analysis method,network resource analysis research,case analysis method,generalized induction method and empirical analysis method as research methods.