Research On Copyright Issues Of Cloud Games Under The SaaS Mode

In 2020,the Hangzhou Internet Court handed down the country’s first case of copyright infringement involving a SaaS-based cloud game.The court determined in the judgment that the cloud game service provider’s cloud game provision constituted an infringement of the right holder’s right to disseminate information on the Internet.heated discussion in the theoretical circle.Due to the evolution of the way traditional games present works,the behavior of cloud game provision has a profound impact on the distribution of benefits based on the dissemination of game works in the network environment,and has led to the conflict between cloud game service providers and original game operators and other relevant market players.disputes of interests.Due to the immaturity of legislative technology at that time,my country’s "Copyright Law" and the supporting laws and regulations did not clearly define the communication behavior controlled by this right when stipulating the "information network communication right",which led to the practice and theoretical circles concerned about the information network.The criteria for judging communication behavior are controversial.The legal characterization of existing cloud game offering behaviors is one of the focuses of controversy regarding the criteria for judging information network dissemination behaviors.Therefore,this article strives to conduct legal research on the legal nature of cloud game offerings within the framework of the revised Copyright Law.At the same time,based on the research conclusions,the author differentiates the infringement situations that may be involved in the provision of cloud games by type,analyzes the liability of the infringer one by one,and proposes the introduction of the principle of "substantially similar behavior" in extraterritorial legal practice.The first chapter first introduces the basic overview of cloud games,points out the particularity of SaaS model cloud games,and clearly distinguishes them from other traditional games.Secondly,since the original game constitutes a work is the logical basis for determining the copyright infringement of the cloud game offering,this paper clarifies that the game dynamic picture constitutes a work under the new copyright law and determines that its copyright should belong to the game operator.Finally,Chapter 1 points out three major issues concerning the resolution of cloud game infringement disputes in judicial practice,namely,the legal characterization of cloud game provision is unclear,whether broadcasting rights can regulate cloud game provision,and how to determine the infringement and liability of cloud game provision.How to bear.The second chapter analyzes the limitations of The right of communication through information network s to regulate cloud game offering behavior.First of all,there have been serious differences in academic research views on the criteria for the identification of The right of communication through information network s,and all parties have their own opinions.This paper believes that discussing the relationship between information network communication rights and cloud game providing behavior needs to return to the essence of cloud game providing behavior.After analysis and comparison,it is concluded that cloud game providing behavior belongs to non-interactive communication behavior,so it is not subject to Control of The right of communication through information network s.The focus of Chapter 3 is to discuss whether the revised broadcasting rights of the Copyright Law can regulate the provision of cloud games.This chapter reveals that the essence of cloud game offering behavior is online rebroadcast behavior,which belongs to non-interactive dissemination behavior.my country’s choice of regulatory paths for non-interactive communication behaviors is mainly broadcasting rights,and the revision of the Copyright Law has expanded the connotation of broadcasting rights to a considerable extent.Therefore,after the revision of the Copyright Law,the legal basis for the provision of cloud games under the regulation of broadcasting rights remains to be explored.The fourth chapter distinguishes different types of infringements that may be involved in the provision of cloud games,and focuses on the responsibility of relevant subjects.It goes without saying that there is a direct infringement situation,and some market entities provide neutral technical services on the premise of knowing that the cloud game service provider disseminates the infringing works,which may constitute indirect infringement.In addition,this paper proposes to introduce the principle of "substantially similar behavior" outside the territory,with the intention of effectively uncovering the mystery of the copyright infringement problem of cloud games,pointing directly to the nature of the way their works are used,and also to solve other copyright infringement problems in the Internet field.offer advice.