| Due to the lack of specialized legislation and knowledge for the technical concept of plug-in software,unified understanding has not been formed in judicial practice on whether plug-in software is an infringing product and what right it infringes.This thesis mainly discussed the infringement in the process of developing,disseminating and using plug-in software.In practice,a series of acts such as circumventing technical protection measures,disassembling target online game software and copying or modifying the code or data of online game software will be involved in order to develop a plug-in software.In the case of non-compliance with the principle of rational use,the development of plug-in software directly violates online game software's right of reproduction,integrity etc.The act of disseminating plug-in software itself does not infringe any copyright of online game software.It indirectly infringes online game software's copyright only after the using of plug-in software has interfered with the normal operation of online game and directly infringed its right of modification or integrity.Moreover,the role of online game operators is analogous to the neighbouring right owner such as publishers and performers,as the operators contribute to the promotion of value of online game software's copyright by investing large amounts of funds and manpower in marketing and operating it.The legal recognition of the status of online game operators as a copyright subject of online game software could enable operators to directly sue and fight back the infringement caused by plug-in software. |
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