The Study Of Applying “Non-interference Unless For Public Interest”

As the technological advancement of the Internet,the game industry which is newly appeared in our society,spreads its heat globally,especially the online game.As a result,the online game becomes the trend of the game industry.Nowadays,China has built up the online game industry,which leads to a desirable value economically.However,the growth of online game also results in several legal problems which is due to plagiarism as well as adaptation.Compared with traditional copyrights torts,the online game torts has its own characteristics due to its creativity,entertainments and diversity.There are many cases like Qiji MU case,Paopaotang v.QQtang,which raise hot debate between academic circles and the judiciary regarding the nature of online games,the protection of online games copyrights and the determination of the online games torts.There is no provisions of online games in the current Chinese law.In legal practices,there are several methods of the online games' copyright protection.For example,the online games could be regarded as a computer software,a film or even as separate elements so that the relevant measures or standards could be adopted to protect the copyrights of online games.However,the methods mentioned above still have their weak.To be more specific,due to the uncertainty of legislation,the online game tort is difficult to determine.Also,there is a huge gap between the damage given by the judgement and the actual loss.If we could not solve these problems,it could have a passive impact on the online games development.Adopting the method to make determination properly could be the key element to solve the disputes of online games torts.There is no legislation giving the method to determine the online game torts.The USA,who has made an early start of its online games,accumulates methods such as dichotomy of thought and expressions,contact and substantially similarity through a huge amount of cases,generating abundant practical experience adopted by our country.But there still some puzzles in specific legal practice.In this essay,we will focus on the online games copyright torts protection and determination of its torts.And we will put forward several suggestions to improve the judgment of online games torts liability of China by comparative study and analysis of determining external online games copyrights torts.The essay consists of five parts.Part I gives a general introduction of the developments of online game industry,the key direction of study as well as references.By analyzing the nature and characteristics of the online games,Part II points out that in the current Chinese legal system,due to the lacks of certain status of the copyrights law,there are several problems in the protection of online games.In part III,we will summarize the significance of specific methods of other countries in protecting the online game copyrights torts by studying the cases.Part IV will make a summary of adoption problems and reasons by analyzing specific methods of other countries in protecting the online game copyrights torts.Based on part IV,in the last part,we will put forward some specific suggestion of judging rules of the online games copyrights torts,including promulgating the regulations of the online games copyrights in order to increase the damages awarded by the judgment.Also,the judiciary ought to adopt proper measures in dealing with the online game copyright torts.For example,specialists should be invited into the investigation stage to deal with the technical problems.