On Controversial Issues Of The Determination Of Infringement Of Video Game "Skin-changing" Act

The fundamental feature of the infringement of the “skin-changing” behavior of video games is to adjust and replace other game’s components on the basis of retaining the core gameplay rules and game mechanisms,so as to quickly enter the video game market and join the competition with low-cost and low-input of research and development.As a disputable principle in copyright law,the idea/expression dichotomy generally regulates the copyright of gameplay in judicial practice.Chinese courts have gradually explored a mode of infringement determination based on the mode by which the overall continuous dynamic screen of the game are recognized as a similar electronic work.However,the infringement against the “skin-changing” behavior of video games is still controverial.One problem is the copyrightability of the rules of video game under China’s copyright law and how to draw the line between the expression and the idea in the works of video game;another problem is how to category the the output continuous screen composition of video games into the works of films or audiovisual fixation.The "Overwatch" case is a typical case involves the disputes of the "skin-changing" behavior of video games.Based the analysis of the "Overwatch" case,this article firstly clarifies the features of the "skin-changing behavior" and its invalidity,then examines the theoretical and practical perspective through case analysis of a large number of judicial cases,and finally discovers some video game play.The rules of video game have their special expressions,but the theoretical dilemma of direct protection is difficult to overcome.In the determination of infringement,it is still necessary to indirectly protect the entire continuous dynamic images of the video game as an audiovisual work.Regarding the identification of similar audiovisual works,the protection level in judicial practice are getting lower and lower,so that as long as the player issues operating instructions during the game running to form a continuous dynamic images,there is a possibility of identifying the substantial similarity,regardless of the image’s style and beauty.Compared to the previous cautious attitude in the face of the infringement determination of video game "replacement",now we must be more vigilant about the issue of excessive protection of game screens and rules.Obviously,under the current copyright law system,there are still more choices for the classification of video game works.Therefore,when determining the infringement of video game "skin-changing" behavior,the first thing to do is to reasonably choose the mode of infringement determination based on the parties’ claims.If the protection of the rules of the game is not involved,the copyright infringement determination under the traditional split protection mode is sufficient.If the parties seek protection of the rules of the game,the infringement determination mode based on the overall protection model can achieve more ideal results.In addition,because the act of "skin-changing" is inherently injustice,regulating its behavior through the Anti-Unfair Competition Law can also achieve the protection of the legitimate interests of copyright owners of video game.