Online Game Copyright Infringement Determination Research

With the development of science and technology and the improvement of living standards,network game as a new type of cultural entertainment favored by the masses,a growing number of developers in saw after the online game market has created a big income,be motivated,use all kinds of tort from other games,causing a large number of cases of infringement of online games.Investigate its reason,it is the network game in the legislation in China work properties as a result of the absence of uncertainty,the second is for infringement of online games to judge in the judicial practice has not yet formed perfect methods and system.The copyright law of our country has not yet been online games as a particular type of works protected,so appeared many kinds of protection mode in practice,there are cases as a computer software,a case as a text works,art,music,and case as a film.The diversity of network game works directly led to the infringement of the diversity of types.Solve these core link is the infringement determination method in the cases of infringement of the applicable,although our country is not related to its law,but in the judicial practice for reference by the creation of the United States \ "thought expression dichotomy\" and \ "contact and substantial similarity method\",also began to use these methods in specific cases,and have already produced results.This article focuses on network game work properties and infringement determination,comparison and analysis methods in the United States and China,points out the problems existing in the process of infringement determination in our country,and puts forward relevant advices on legislation and judicature.This paper is divided into four parts: the first part,from the perspective of the concept and characteristics of network game,to analyze its copyright work properties,think it can constitute the computer software,art,writing,music and films,and then combined with case analysis of the network game of various types of infringement,and the basic content of the infringement determination methods discussed.Thesecond part illustrates the historical evolution of American infringement determination methods,combined with case analysis of the judicial application,and summarizes the advantages and disadvantages of this method,draw the lesson.The third part through to our country network game of copyright infringement determination method for the present situation of research,combined with the typical case specific analysis problem of infringement determination process in our country.The fourth part for infringement determination of realistic problems in our country,put forward concrete Suggestions of perfecting our country's network game infringement determination,including the increase in the \ "copyright law\" network game work type,clarify the legal status of thought and expression dichotomy,right infringement determination methods,perfecting the judicial rules.