| The rapid development of the market economy and the great enrichment of social material life have promoted the prosperity of the online game industry.Online games have become an important entertainment activity in people’s daily lives.According to reports,the revenue of the game industry in 2020 has exceeded that of movies and sports.In the total industry,mobile game revenue accounted for 44% of game revenue,and e-sports becoming an official event of the Asian Games is a sign that people’s perception of games is no longer a “plaything”.However,with the development of the online game,online game-related infringement cases are correspondingly "rising." Among them,online game copyright infringement cases account for the vast majority,and online game copyright infringement cases in the market are not just staying.In the plagiarism of the external elements of the game,more is the "hidden" plagiarism of plagiarizing the core rules and design of the game by changing the shell of the game by changing the skin.Therefore,effective protection of online game rules is essential to the healthy and orderly development of the game industry.However,judging from our country’s past jurisprudence,it is not very good to adopt the “split” and “link”protection methods for online games.Protect the game core such as online game rules.The third revision of the "Copyright Law" revised the definition of a work as "innovative intellectual achievements in the fields of literature,art and science that can be expressed in a certain form." At the same time,an open legislative model was adopted,and the rules of online games will be adopted at that time.The protection of copyright works is possible.The trial practice also pioneered the use of copyright to protect the rules of online games.In the case of “Tai Chi Panda” v.“Hua Qian Gu”tried by the Jiangsu High Court in 2018,the court protected the expression of rules in the game involved.Effectively cracked down on the vice of "skin-changing plagiarism" and brought new ideas and breakthroughs to the protection of online games in our country.Based on the study of this case and related theories,this article attempts to analyze and demonstrate the rationality and ought of the copyright protection of online game rules,and contribute suggestions to the healthy development of the online game industry.In addition to the introduction and conclusion,this paper is divided into four parts.The first part analyzes the court’s judgment views and judgment ideas in the “Tai Chi Panda” v.“Hua Qian Gu” case,points out the innovation and progress of the court’s judgment,and proposes the copyright protection of online game rules.Related issues.The second part discusses the definition of online game rules and the reasons for the copyrightability of online game rules.Online game rules are the core and foundation of game construction.The design of online game rules is the crystallization of creators’ creative wisdom,and sufficiently specific online game rules As long as there is a certain degree of creativity,it no longer belongs to the category of ideology and may be included in the scope of protection of copyright law,and whether the rules of online games can be typed is not an obstacle to its protection under copyright law.The third part analyzes the scope of copyright protection of online game rules.According to the dichotomy of thought and expression,the principle of limited expression and the principle of public domain,in the boundary of copyright law protection of online game rules,the rules of the game should belong to thoughts.Parts and limited expressions,and parts of the public domain are excluded from the scope of protection.The fourth part analyzes the current protection path selection of online game rules in my country.There are mainly direct protection modes using online game rules as literary works and indirect protection modes using the entire online game as audiovisual works.In comparison,it is found that the indirect protection mode is It is more reasonable but there are still shortcomings.It is suggested that the rules of online games can be used as other works for further improvement of relevant laws. |
PDF Full Text Request