| Online games have shown an explosive development trend since the 21st century,and the online game industry has gradually become an important part of China's economic development.With the expansion of the online game market,various types of infringements continue to appear,especially the increasing number of online game copyright infringement cases,and some legal issues related to it have attracted more and more academic attention:First,based on the properties of online game works,The differences lead to different understandings of infringements,and in the analysis of their copyright infringements,there have been various types of computer software infringement,fine art works infringement,text works infringement,music works infringement,and film work infringement.The rules have not been unified in judicial practice.The judges encountered problems such as irrational choices and inappropriate standards when applying the "ideology and expression dichotomy" and "contact+substantial similarity" principles.There are many types of online games,and the rights allocation in the process of creation,dissemination,and use is different.The infringed copyright rights and interests are different.Therefore,the copyright infringement of all types of games should not be generalized.It is imminent to accurately classify online game copyright infringements and select the best rules for determining copyright infringement.Therefore,this article summarizes and summarizes online game copyright infringements with the observation of the process of the online game industry chain as the "whether there is a re-creation act" to analyze the application of the rules for the determination of copyright infringement in a horizontal line,the article is divided into the following four parts:In the first part,there is a general analysis of online game copyright infringement,including an explanation of the meaning,characteristics,and status of infringement of online game copyright infringement,and analysis of several important legal issues caused by online game copyright infringement:First,There are conflicts between multi-type online games and multi-type works protection modes;the second is the conflict between the diversification of infringement and the selection of infringement rules;the third is the conflict between the high market price of some online games and the application of statutory compensation for copyright.These three problems need to be solved through type analysis.This article focuses on the second problem.The purpose of studying these issues is to analyze the right allocation of online game works from a theoretical level,and give reasonable opinions on the application of its infringement determination rules from a judicial level,and finally achieve the purpose of maintaining the stable development of the online game industry.The second part takes the development of the online game industry chain as a clue.The author lists and analyzes various types of infringements in the process of creation,dissemination,operation.use,and extension of the industry in combination with specific cases.After analysis,it is found that in the process of dissemination,operation and use of online games,there are mainly infringements on the right of reproduction and infringements on the right to disseminate information on the Internet.These two types of infringements are also handled in different ways in practice.The infringing behaviors in the creative stage are more complicated.Among them,plagiarism is the most serious of the rules of gameplay that cause the problem of homogeneity of online games.The author uses the "Stone of the Hearth" v."The Legend of Wolong" and "Tai Chi Panda".V."Flower Thousand Bone" as an example to analyze this type of infringement,and compared the judgments of the two courts,and put forward their own opinions.The third part is the analysis of the comparison and selection of the rules for the determination of copyright infringement of online games.The second part of the article summarizes various types of online game copyright infringements.Based on this,the author divides online game copyright infringements into two categories:infringement with re-creation content and infringement without re-creation content.Infringement determination of infringement of creative content.Among them,for infringements with re-creation content,analyze the current status of the application of the "ideology and expression dichotomy" and "contact+substantial similarity" principles of various types of online game infringements,and the similarities and differences in their application to the determination of infringement of traditional works.Finally,a general analysis is made of the legal obstacles in the determination of copyright infringement of online games.Due to the changes in the living environment of technology and online games,their application is slightly different.The fourth part puts forward perfect opinions on the protection of copyright and infringement of online games in China based on the previous analysis.The first is to determine the properties of online games by type,which is the premise of applying the rules of infringement determination,and no new works have been established at the moment.The type is necessary to protect online games;the second is to distinguish between applicable online game copyright infringement determination rules,and under the premise of defining the scope of online game copyright protection,to accurately distinguish the category of infringement,so as to select appropriate infringement determination rules;the third is to improve The online game copyright infringement damage compensation system with re-creation content,that is,the reasonable awards for different types of games are determined through reasonable application of discretionary awards and the increase of statutory awards. |
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