Research On The Copyright Protection Of Online Game Rules

In recent years,the infringement problem of online games that plagiarize online game rules has become increasingly serious.As an intellectual achievement of great economic value,online game rules cannot be effectively protected by law,resulting in serious homogeneity of online games and a serious violation of originality.The benefits of the game and the enthusiasm for the creation of original games.This article clarifies the definition of online game rules from the perspective of online game planning,and analyzes the protection status of online game rules based on current judicial practice,and analyzes the deficiencies of the existing legal protection methods for the protection of online game rules.Because the form of expression of online game rules in online games does not conform to any specific type of work,it is difficult to achieve effective protection of online game rules through any specific type of work.Therefore,this article attempts to explore a new copyright law protection method,that is,by analyzing the work and expressiveness of the online game rules,combining the dichotomy of thought and expression,further abstracting the online game rules layer by layer and determining the specific online game rules.Rules,further clarify that specific rules can be copyrighted,and after excluding the necessary expressions,limited expressions and public domain expressions in the specific rules of online game rules,directly pass Article 3,Item 9of the newly revised Copyright Law in 2020.The clause protects it.In response to the copyright law’s unclear regulations on the protection of online game rules and the lack of judicial practice for the determination of the infringement of online game rules,the copyright law protection dilemma.At the legal level,it is recommended to make clear in the relevant judicial interpretation of the Copyright Law that the rules of online games belong to the other intellectual achievements mentioned in the ninth item of Article 3.At the level of judicial practice infringement judgment standards,suggestions are as follows: 1.Adopt the substantive similarity judgment method of "whole perception method +abstraction-filtering-comparative three-step method" and refer to the experience of game players in the judicial practice of judgments of infringement of online game rules Judicial experience;2.Introduce game planning as a technical expert to participate in the trial system to provide judges with scientific and reasonable technical support when it comes to technical issues such as substantive similarity of online game rules.3.Substantive similarity judgments adopt quantitative/substantial infringement judgments Objective standards.