| Recently,online game competitions have won more and more attention,e-sports competitions have been officially recognized by the state,and many schools have also opened e-sports-related majors,which shows that online games have a high penetration rate in today’s society,accounting for a large proportion in people’s lives,while online games have great commercial value and a wide range of influence.However,with the development of online games,online game plug-in programs as a means of game cheating followed,the corresponding sales of game plug-ins are also becoming more and more intense in today’s society,sales of online game plug-in programs have strong concealment,flexible sales methods,large profits characteristics,captured people’s profit-seeking psychology,attracting many people into this industrial chain to sell online game plug-ins.This kind of behavior seriously undermines the order of the socialist market economy,infringes on the intellectual property rights of others,and has serious social harm,so it is necessary to conduct in-depth research on this behavior.In China’s theoretical and judicial practice,there has always been a great controversy over the qualitative issue of selling online game plug-ins,although the introduction of the "Criminal Law Amendment(ELEVEN)" has made the academic and theoretical circles stop the controversy over whether the plug-in program is a copy of the game program and whether the simple sale of online game plug-ins is a "distribution" behavior,but there are still some controversial issues that need to be resolved,and it has also caused controversy about the new provisions of the Criminal Law Amendment(ELEVEN),At present,the issues in dispute over this act mainly include the question of whether it is necessary to use criminal laws and regulations for the sale of plug-ins,the question of what kind of legal benefits are infringed by the sale of online games,the question of the illegal nature of the plug-in procedures,and whether the sale of online games is a "technical protection measure" clause in the crime of copyright infringement.The key to solving these problems is to fully grasp the operating principle of online game plug-ins to determine the illegal nature of plug-in procedures.In judicial practice,there are three main views on the illegal nature of plug-in procedures:the first view is that plug-in programs are illegal publications;the second view is that plug-in software belongs to "programs and tools specifically used to invade and illegally control computer information systems";and the third view is that plug-in programs are devices that "break through technological protection measures".It is precisely because of the different determinations of the illegal nature of the external hanging procedures that the phenomenon of different judgments in the same case has emerged in judicial practice.Taking specific cases as the starting point,this paper carefully studies and analyzes the existing theoretical achievements in China,combines the amendment to the Criminal Law and the theory of the composition of the four elements of crime,and after arguing and analyzing the case,believes that the act of selling online game plug-ins in this case should be characterized as the crime of selling infringing copies.This paper conducts an in-depth study on the qualitative problems of the plug-in behavior of online games in the form of cases,hoping to contribute to the solution of such cases. |
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