| The online game industry is developing rapidly,but prosperity and fierce competition coexist.At the same time,plagiarism and copyright infringement between games are serious problems.The types of games are numerous and complex.Given the differences between various types of online games,we cannot directly define a uniform protection model for online games.Instead,we should select appropriate copyright protection methods based on the types of online games and the content of games.According to online game rules,online games can be divided into three types: chess and card games,online games and role-playing games.MOBA game is a multiplayer tactical competition online game.It is derived from the transformation of "DOTA" game.It is a typical example of a network battle game.This article intends to use MOBA games as an example to discuss issues related to the protection of copyright in online games,including the protection of Computer software,the protection of movie-like works of online games,and the protection of online game names,game maps,game heroes and skins and other online game elements.Introduction: It mainly introduces the classification and development status of online games,analyzes the characteristics and content of MOBA games,summarizes the protection model of online games and different views on the protection of online game copyrights in judicial practice.Finally expounding theoretical and practical significance and writing ideasChapter 1: Computer Software Protection of Online Games: This chapter analyzes the significance,protection scope,and limitations of computer software protection through the "Buddhist Church" and "QQ Church" cases.Chapter 2: The overall picture of MOBA games cannot be protected as "class movie works" : This chapter analyzes the difference between the two cases and analyzes that the overall picture of MOBA games cannot be used as a "class movie work." The two cases are the "miracle" case and the "DOTA" case.According to the analysis,we summed up the necessary conditions for online games to constitute “film-like works”.Chapter 3: Copyright Protection of Online Game Elements: This chapter separately analyzes the online game names,game maps,game heroes and skins,and other online game elements to obtain copyright protection.Chapter 4: The discussion of the copyright of MOBA game live broadcast: This chapter compares the online game live broadcasting with the movie live broadcast according to the "DOTA" case and the theory of "conversion use" to analyze whether the game live broadcasting behavior infringes the copyright of the online game.Conclusion: MOBA games are a microcosm of online games.As to which kinds of works should be copyrighted for various types of online games,it should still be analyzed and judged according to the basic principles of copyright protection.In the face of infringements,the copyright of online games,whether to use computer software protection or protection of movie works,must be based on the content of the online game itself.If necessary,it must also claim the copyright protection of online game elements. |
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