The Research On The Matters Of Copyright Infringement Judicial Determination Of Game Cloning

In recent years,with the continuous innovation of computer technology and the establishment of online game platforms,the game industry has been developing rapidly.Under such circumstance,game cloning behaviors are emerging endlessly at home and abroad,reducing production costs and bringing high profits by copying existing games for game producers.However,if the game reproduces not only the game mechanics and gameplay as ideas,but also the original expression of the game,it may constitute copyright infringement.As a new form of media,courts have difficulties in determining game copyright infringement,mainly because it is difficult to apply the idea-expression dichotomy.This article attempts to provide a theoretical reference for the judicial determination of game copyright infringement in China through a comparative analysis of typical cases at home and abroad and reference to the judicial practice experience of the United States.The first part introduces the current game-cloning situation,influence and its risk of copyright infringement.The second part introduces domestic and foreign typical cases of the same game genre for comparison.In similar cases,the Chinese and American courts have different arguments and conclusions.The third part summarizes the current methods of judicial determination of game copyright infringement in the United States,including different substantive similarity testing methods,and the applicable steps of the idea-expression dichotomy.Based on the experience of American judicial practice,the article returns to the typical case in China,providing possible judicial analysis,and suggestions on judicial practice of game copyright infringement cases in China.