Study On Ideal/Expression Of Game Rules

In today’s society,the game industry has strongly contributed to the rapid growth of China’s economy,but with the development of technology,the means of game plagiarism has also developed from low-level plagiarism to "skin-change" which only retains the game rules by circumventing the game appearance such as art,etc.This kind of behavior has precisely copied the most core and important part of the game--However,due to the complexity of different games and the commonality of rules in the same type of games,there is a lack of unified trial standards in China’s judicial practice for hearing cases of copyright disputes related to game rules,so that there are different judgments in the same case,making different judgments on the game rules of one game.The outcome of the case is different.Therefore,the discussion on whether game rules can be clearly and uniformly protected by copyright law should be based on the essential question of whether game rules belong to ideas or expressions.Throughout our academic circles and relevant jurisprudence in judicial practice,there is still a great controversy on whether game rules should be regarded as ideas or expressions,and this controversy can be divided into two views: the first view is that game rules are all within the scope of ideas,and they are not essentially different from general rules,and their protection will cause monopoly of ideas,so game rules cannot be protected by copyright law;the other view is that game rules are not protected by copyright law.The other view is that game rules can be divided into two parts: ideas and expressions,among which the simplistic and abstract game rules belong to ideas,but the game rules that are sufficiently concrete and complex and can be perceived by game players as unique in the process of the game may constitute expressions in the sense of copyright law,which are beyond the scope of ideas.Thus,it should be protected by the copyright law.In the author’s opinion,the view that the game rules belong to ideas cannot meet the realistic protection needs of the game industry,and the specific division of the game rules is more suitable for the development of the game industry.Specific.At this time,if we still think that all game rules belong to the category of ideas and refuse to protect them,it is obviously not in line with the actual needs of the game industry,so we need to pay attention to the problem of dividing ideas and expressions in specific game rules.Firstly,there is no clear line of demarcation between the thought and expression of game rules,so it is difficult to accurately identify the line of demarcation between thought and expression,and secondly,the split judgment method in judicial practice ignores the core position of game rules in the game,so it is also impossible to It is also impossible to protect the rules of the game comprehensively,and the principle of mixing and scene principle has lacked the space of application in today’s progress of game production technology,and the excessive application does not meet the actual demand.Based on these difficulties of application,the author further proposes to help better classify the ideas and expressions in the game rules,suggesting to first classify the game rules in terms of types and levels by combining with relevant jurisprudence,and then analyze the ideas or expressions in the game rules on this basis,so as to establish a new standard for classifying the ideas and expressions in the game rules.This paper focuses on the problem of how to classify game rules,analyzes the cases of infringement disputes about copying game rules at home and abroad,and draws on the merits of the relevant court’s judgment on game rules in specific cases,with a view to better classifying the part of ideas and the part of expressions in game rules,so as to protect the interests of the original game rights holders in China,encourage the innovation of game industry,and thus help the further development of China’s game industry.This will help the further development of China’s game industry.