Research On The Tort Liability Of The Property Rights Of Electronic Games Works

In the first half of 2018,China’s video game industry market revenue reached 105 billion yuan,and China’s game industry revenue accounted for 28% of the global market.It is still the world’s largest game market.The huge market has brought countless disputes,and the issue of infringement of property rights in video game works has intensified.At the institutional level,there are still serious lags in the problems brought about by the development of the video game industry.There is also controversy about the tort liability of video games at the theoretical level.In this context,this paper discusses the liability system of property rights infringement of electronic games in combination with the case.At the moment,the theoretical community still has controversy over the liability for copyright infringement.Although electronic games are new things,the definition of the infringement liability of electronic game copyright property rights and the types of infringements should still be based on traditional civil law theory.This paper sorts out the theories of the various liability infringement liability principles.Starting from the difference between electronic games and traditional works,the fault liability is chosen as the liability principle of the infringement liability of electronic games.On this basis,combined with the difficult problems encountered in China’s judicial practice,this paper analyzes the constituent elements of the infringement liability of electronic game copyright property rights.For the way to bear the responsibility of the infringement of the property rights of electronic games,and the reasons for the defense,combined with the characteristics of the electronic games themselves,the discussion.At present,the identification of the infringement liability of the property rights of electronic games is difficult.Because of the lack of legal basis,the illegality of the behaviors in the constituent elements of the tort liability is difficult to satisfy,and the overall infringement of the game and the infringement of the game rules are difficult to be recognized.In addition,there are problems in the defense of the infringement liability of the property rights of electronic games.In this regard,this paper proposes to include video games as a separate type of work in Article 3 of the Copyright Law to solve the dilemma faced by the identification of the infringement liability of electronic game copyright property;Article 22 of the Copyright Law is to resolve the contradiction between the system level and the reality;in the "Regulations on the Protection of Information Network Communication Rights",the applicable preconditions of the safe haven principle are set to solve the problem of abuse.The innovation of this paper lies in the analysis of the shortcomings in the current legal system through analysis.Combining the "Fantasy Westward Journey 2" case and the "legendary dominance" case and other influential cases,summarizing the focus of the court dispute,aiming at the problems existing in the judicial practice,seeking solutions from the system level,hoping for the property rights of electronic games The tort liability system contributes a force.This paper adopts the literature research and case study method,sums up the controversial focus on the problems encountered in judicial practice,and then combines the theoretical viewpoints combed from the literature to propose legislative proposals for the tort liability of electronic game copyright property rights.