| The rules of online games are the core elements,which refer to the rules set by game developers to guide players to follow specific game operations.In recent years,the homogenization of online games that plagiarize the rules of online games has become more and more serious,violating the legitimate rights and interests of game creators,and seriously frustrating the creative enthusiasm of game creators.Therefore,it is necessary to protect it legally.At present,our country’s legislation has not clearly stipulated the nature and protection methods of online game rules.Judicial practice applies the anti-unfair competition law or the copyright law to protect the game rules.The legal protection of online game rules still has the following problems: On the one hand,the legal protection model is not clear,and the application of the Anti-Unfair Competition Law or the Copyright Law is still inconclusive for the protection of online game rules.On the other hand,the existing copyright law protection model is not enough to protect the rules of online games,there are problems that the copyright attributes of online game rules are not clear,the scope of copyrightability is ambiguous,and the existing protection models of the copyright law are insufficient.In addition,the standards and methods for determining copyright infringement remain to be clarified.In view of the above problems,some suggestions are put forward to improve the copyright protection of online game rules.First of all,the copyrightability of the rules of online games should be recognized.Secondly,affirm the status of online game rules in online games,and fully protect online game rules by adopting the double legal confirmation method of direct protection and indirect protection.Finally,clarify the infringement judgment method of my country’s online game rules,accurately identify the thinking and expression of online game rules,combine the three-step inspection method and internal and external testing methods,and use the player’s experience as a reference to determine the substantial similarity. |
