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Research On Copyright Protection Of Electronic Game Software

Posted on:2022-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:X D LiFull Text:PDF
GTID:2506306554969179Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
Video games have attracted much attention since they were born,and after decades of industrial development,they have become the well-deserved leader of the entertainment industry.Corresponding to the rapid development of the scale of the industry,the judicial protection of the video game industry has always been in the groping stage,and disputes over the judicial definition and protection mode of games have always existed.The opinions are divided and there is no conclusion.The complex nature of the electronic game software itself,and the impact of continuous technological updates and advancements,are destined to be extremely difficult to pass legislation to regulate in advance.How to provide better legal protection for game software is a comprehensive and difficult exploration from the perspective of the designer or the judiciary.The greater the controversy,the more we should proceed from the nature and source of the problem.The first part of the article first defines the related concepts of video games more clearly,and more scientifically divides the types of games.The second part enumerates and introduces the current status of judicial protection of the electronic game industry at home and abroad.After a detailed analysis of the American model,it extracts methods that are worth learning from our country.In addition,the classic cases of game software copyright disputes that have appeared in my country in recent years are used to sort out the current situation in my country.The third part of the article makes a detailed analysis of the current protection modes,and analyzes the disadvantages of split protection in theory and practice,and concludes that the concept of "overall protection" mode should be applied.In addition,there are more disputes in academic circles.Based on the comparative analysis of the impact of different copyright object protections,it is concluded that the overall recognition as audiovisual works is the most suitable model,but at the same time,attention should be paid to the particularity and complexity of game software.The big concept of "all-in-one" covers all types of games.The fourth chapter of the article draws reference to the development process of film works,and refers to the current practical experience.It is difficult to create independent objects for video game legislation at present,and the time is not yet ripe.Finally,under the overall protection mode,the article discusses the infringement of game software based on the rules of "dichotomy of thought expression" and "contact + substantial similarity" in the copyright law,and also gives an "abstract analysis method" and "Altai As the main methods of infringement identification,the "Detection Law" and "Internal and External Detection Law" are combined with the article to discuss the infringement standards and compensation of the precise classification of game software,thereby forming a systematic and complete copyright protection.
Keywords/Search Tags:Games software, Copyright, Film-like works, Overall protection
PDF Full Text Request
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