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Research On The Copyright Protection Of Mobile Games

Posted on:2020-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:J L LiuFull Text:PDF
GTID:2416330578951116Subject:legal
Abstract/Summary:PDF Full Text Request
With the continuous development of science and technology,the surge of network coverage,the mass of mobile client entertainment software to use more and more frequent.Among them,mobile games play an important role in people's mobile entertainment.While the game industry brings huge profits,a variety of infringement behaviors follow,but there are many problems in the protection of mobile games.On the one hand,mobile games are inherently complex.Mobile games have significant software technical characteristics,and its own interactivity,antagonism and operability is not the type of existing works.At the same time,the protection of music,screen,copy story and game characters in mobile games cannot be ignored.Although there is no clear legal definition of mobile games in China at the present stage,it cannot be denied that mobile games have copyright,but mobile games are different from existing works.At present,mobile phone games in the copyright law of our country did not explicitly belongs to a certain work,as a result,mobile phone games should be clear to protect existing works of some type? Is it protected across classes or as a separate work? Based on the essential characteristics of mobile games,mobile games should be protected as independent works.On the other hand,the overall protection of intellectual property rights for mobile games is inadequate.Therefore,we should seek to adapt to the characteristics of the mobile games itself well to protect the related system,such ability for the escort is lifting off the development of mobile games industry.In comparison,copyright protection mode has more advantages over trademark protection mode,patent protection mode and anti-unfair competition law protection mode in protecting mobile games.Therefore,this paper mainly expounds the protection mode of copyright for mobile games.First of all,the copyright law of the People's Republic of China(hereinafter referred to as the copyright law)should clearly include mobile games into its protection scope,and separately set up a new type of works-"electronic games",to solve the problem that it is difficult to define the classification of mobile games in the use of the copyright law.At the same time,it should be noted that the copyright law protection obtained by mobile games is not unlimited,but should have a reasonable scope,which is mainly combined with the "reasonable use principle" stipulated by the current law.Second,the mobile phone games copyright infringement behavior is also varied,and if there is a perfect decided method can be in a certain extent,solve the problem of mobile phone games copyright protection,but did not explicitly recognized method in our country,most depends on the discretion of the judge.By analyzing the methods of copyright infringement at the present stage,this paper summarizes the methods of copyright infringement that are applicable to the current situation of protection.Finally,the major is about transport of tort liability,so as to solve the problem of tort compensation,gives the holder of the effective legal protection.
Keywords/Search Tags:Mobile game, Copyright, Protection mode, Infringement behaviors
PDF Full Text Request
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