On The Quality Of Making And Selling Online Game Plug-in Programs

From the official opening of the Internet in 1994 to the number of Internet users breaking through 800 million,it took only 20 years,and the development speed is not too fast.On this basis,the online game industry has developed vigorously.From January to may 2018,the business income of online games(including client games,mobile games,web games,etc.)reached 74.3 billion yuan,up 24.5% year on year.Such a huge dividend will naturally attract the covet of lawbreakers,and the industry of making and selling online game plug-in programs for profit will also be formed.The emergence of illegal acts will inevitably lead to legal investigation,but it is not easy to achieve targeted.At present,there are a lot of qualitative disputes about the production and sale of online game plug-in procedures in the criminal law theory circle and judicial practice.There are four theories: the theory of innocence,the theory of providing intrusion,the theory of illegally controlling computer information system procedures,the theory of tool crimes,the theory of illegally operating crimes and the theory of infringing copyright crimes.Among them,the theory of innocence has the least supporters,and few people mention it now.Since the amendment of criminal law amendment(7),more and more courts have begun to apply the theory of the crime of providing intrusion and illegal control of computer information system programs and tools,but the theory has obvious problems of unequal crime and punishment,and from the perspective of protecting legal interests,it is not suitable for the production and sale of online games The behavior of the plug-in program is regulated;the theory of the crime of illegal business is supported and adopted by most scholars and judges,but there are many irrationalities,which are not better than the crime of infringing copyright in the application of qualitative issues;compared with the above three theories,the crime of infringing copyright is more suitable to evaluate the behavior of making and selling the plug-in program of online games,through "substantial similarity plus" The principle of "contact" can also solve the problem of "duplication" in the crime of infringing copyright.It is worth noting that there are two kinds of behaviors worthy of evaluation by criminal law in the production and sale of online game plug-in program,that is,production and sale and simple sale.For the former,the crime of infringing copyright can be used,and for the latter,the crime of selling infringing copies can be applied.