| The online game platform is a new thing based on the development of information technology.It creates a live streaming and interactive service to bring a high quality user experience to the public.However,due to the lack of effective legal regulation,there has been a lot of infringement and live streaming without the permission of the copyright owner,which has caused the imbalance of the interest pattern of the online game streaming industry.In the past,many people believed that the live video of online games was not a"work" under the definition of copyright law,and there was no need to protect it.In judicial practice,there was a different understanding of the nature and regulation of online game infringement.The act is incorporated into the anti-unfair competition law and it is difficult to fully protect the legitimate interests of the right owner.Therefore,it is necessary to conduct research on the widespread online game infringement live streaming and explore the legal regulation of online game live streaming platforms.This paper intends to start from the concept of online game live streaming platform and the bone of disputes.Under the premise that the online game live video can be protected by copyright law,find the difference between online game live platform and large-scale e-sports competition and individual users,and the responsibilities of the two types of online game live streaming types.In the live streaming of the large-scale e-sports competition,the live streaming platform,as the organizer of the event,invested huge manpower,material resources and financial resources to produce the live video of the game.Its legal rights should be protected and should be equated with the "producer".And enjoy the copyright of the picture.For other third platforms without permission,the act of privately relaying the live streaming of the e-sports event shall be deemed as direct infringement,that is,infringement of the "other rights" of the live streaming platform to the e-sport live streaming video.In the live streaming of the online game of the individual user,the live streaming platform serves as the network service provider of the individual user,and provides network technical support and platform service for the live streaming game of the individual user.The individual user live game video is reconstructed on the basis of the game screen,supplemented by the dynamic image of the anchor operation game and the voice of the anchor commentary.The anchor has invested in creative labor results in the process of generating the live game screen,and should be regarded as the deductive author of the screen,and enjoy the copyright to the live video.However,if an individual user re-creates on the original game screen without the permission of the copyright owner,it should be considered that the individual user directly infringes the copyright of the game work.In this case,the network service of the live streaming platform is equivalent to providing "substantial help" for the occurrence of the infringement,and the platform shall bear the indirect infringement liability for the direct infringement.At the same time,the "subjective knowledge"status of the live streaming platform should be carefully judged to avoid the fact that the live streaming platform that can obtain the same benefits without having to bear the high cost can be exempted from the "principle of safe harbors".The infringement facts have been confirmed.In the case of the online game live huge interest involved,it is the top priority to balance the economic interests of the game live streaming industry.The author provides judges with a practical and feasible responsibility commitment from the two aspects of stopping the application of infringement and calculating the compensation loss,in order to improve the illegal cost of infringement of online game live streaming platform and fundamentally reduce the occurrence of infringement. |
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