Research On The Cognizance Method Of Substantial Similarity In Online Games

Online game,as a new industry developing explosively in recent years,has become a stumbling block to the healthy development of the industry due to the homogenization of products and serious plagiarism.The reason is that too for the network game copyright protection is not perfect,resulting in the industry suspected of innovation,happy to copy."substantial similarity" is the key element to judge whether a work is infringing or not,but because of the inherent defects of the dichotomy of expression and the particularity of online games,causes the current Judgment Online game substantial similarity difficulty.On the one hand,the network game inevitably needs to be constituted by a large number of virtual elements,these virtual elements are the core of a online game competition,if it is not protected,it will inevitably connive at the infringement of the network game;On the other hand,the online game is the synthesis work which by each kind of work organic collection becomes,at this time if only uses the single judgment method to judge whether the online game constitutes the substantial similarity inevitably to have too much effort.Therefore,it is necessary to consider and weigh the importance of virtual elements in the game in order to find a suitable method for identifying the substantial similarity of online game elements.At the same time,in view of the diversity of online game elements,to use comprehensive detection methods to judge its behavior,so as to combat plagiarism,in the industry to promote innovative ideas,promote the healthy and long-term development of the entire industry.In the first part of this paper,the author introduces the research aim,significance and the research status of substantive similarity judgment methods in copyright infringement of online games at home and abroad,a universal,can guide the judicial practice to judge the substantive similarity of the method.The second part introduces online games and the types of copyright infringement,first introduces the concept and classification of online games,as well as the current situation of the game market.As a new industry in recent years,online games themselves have the characteristics of rapid development,the substantive similar judgment methods studied in this paper,to a large extent,affect the judgment of whether the infringement of copyright,and then affect the healthy development of the entire industry.Secondly,introduced the network game as a kind of work,to its copyright infringement case,which infringement types mainly.This paper provides a universal method to judge the substantive similarity of copyright infringement in online games by distinguishing the types of infringement,so it is of great significance to distinguish the types of infringement.The third part mainly introduces the problem of substantial similarity judgment in copyright infringement of online games.First,it introduces the General Methods of substantial similarity judgment,which mainly include the whole impression method,the abstract test method and the internal and external test method,each judging method has its own characteristics and applicable types of tort.Only by carefully distinguishing and matching the types of tort with the judging methods,can we accurately and fairly identify whether the works constitute substantial similarity;Secondly,it introduces the problems existing in the judgment of substantial similarity of online games.In dealing with the cases of copyright infringement of online games at present,it is often the key point to judge whether substantial similarity is formed,while in our country,in the judgment of substantial similarity,there are some problems,this part mainly summarizes and analyzes the existing problems,paving the way for the next part to solve the problems.The fourth part mainly through the OverwatchThis paper analyzes the case of "hero gunfight",and sums up the applicable methods in judging different types of tort.In the fifth part,based on the above analysis and summary,the author classifies the judgment methods and concludes a universal and instructive procedure and method for dealing with substantive similar problems,the second step is to use the internal and external detection method,which is divided into the external detection part and the internal detection part,and the external detection part.According to the different types of infringement,different judging methods are applied.For the infringement of IP adaptation type,the game "skin-changing" type infringement,for Infringement of game rules,the abstract test method is applicable,while for infringement of game elements,the whole sense method is applicable.For internal examination,the whole sense method is applicable,but at the same time,different observation subjects are selected according to the differences in the specialties of the works,professionalism from low to high scores for ordinary consumers,consumers with higher attention,consumers with specific knowledge.Finally,the internal and external part of the test is combined to draw a substantive similar conclusion,and then determine whether the infringement.