Research On The Identification Of "Substantial Similarity" In Online Games

The purpose of the copyright law is to find a balance of interests between encouraging creation and dissemination of works.Under normal circumstances,there is a game relationship between innovation and dissemination.If the copyright law gives too much protection to the works,the spread of the works will be inhibited.However,if the protection is insufficient,the author's enthusiasm for creation will be reduced.Therefore,only by finding a balance point between the two can we achieve the goal of creation and dissemination and thus maximize the benefits.Among them,the judgment of "substantial similarity" is an important means to realize the balance between creation and dissemination.Based on the rapid development of the current online game market,the phenomenon of online game homogenization is also getting more and more serious.To solve the problem of online game homogenization and explore the balance of interests between online game innovation and dissemination,the application of "substantial similarity" infringement determination rules is also indispensable.Judge's loose and strict judgment on "substantial similarity" of online games will directly affect the innovation and dissemination of online games.If the judgment on "substantial similarity" is too strict,it will not be conducive to encouraging innovation;If the judgment standard for "substantial similarity" is too loose,it will aggravate the homogenization of online games.In the absence of current laws and judicial practice,the determination of the nature of online game works and the selection of "substantial similarity" judgment methods will directly affect the severity and accuracy of online game "substantial similarity" judgment.Therefore,the judgment of infringement determination of "substantial similarity" of online games is particularly important for the creation and dissemination of online games.Through searching the relevant cases of online game infringement disputes in the past five years,this paper sorts out the infringement types of online games and the applicable methods for determining the infringement of "substantial similarity" of online games.It is found that the "substantial similarity" infringement determination methods have been generally applied in online game infringement disputes,but the "substantial similarity" determination methods and standards for online games are characterized by diversity and difference.On this basis,the difficulties in the identification of "substantial similarity" of online games are sorted out,and it is found that there are mainly four kinds of difficulties in the identification of "substantialsimilarity" of online games,namely: unclear definition of attributes of online games,improper selection of comparison methods of "substantial similarity" in the identification of overall infringement of online games,differences in the identification methods of "substantial similarity" of the same kind of works,and differences in the application of copyright basic theories.Next,from the perspective of online games themselves,the perspective of copyright basic theory and the perspective of "substantial similarity" infringement identification,the paper explores the reasons for the dilemma of online games infringement identification,and finds a breakthrough for the dilemma of "substantial similarity" infringement identification of online games.In view of the above-mentioned difficulties and the analysis of their causes,it is particularly important to explore a reasonable way to identify the "substantial similarity" of online games.Defining the attributes of online game works is a prerequisite for clarifying the identification of substantive similarity methods.Based on this premise,starting from the integrity of online games,and taking into account the applicable principles of copyright basic theories such as the principle of balance of interests,"originality" theory and the dichotomy of "thought and expression",the appropriate identification method of "substantial similarity" of online games is selected in individual cases to find the theoretical value of solving the problems in the identification of infringement of "substantial similarity" of online games,thus providing better development space for online games.