Research On Criminal Law Regulation Of Online Game Plug-in Programs

The crimes related to online game plug-in programs are showing a trend of flooding,which has seriously affected the development of my country’s game industry.characteristics of the crime.Therefore,it is necessary to clarify the relationship between different game cheating behaviors and corresponding crimes based on the legal and technical attributes of game cheating programs.In addition to the introduction,this paper consists of three parts:The first part is an introduction to the current situation of criminal law regulation of cheating programs in online games.The article points out that online game plug-in program refers to a computer program made for different games,which can modify game data,affect the normal game process,help players gain unfair game competition status,and damage the fairness of the game.Different game plug-ins have different operating principles,which are mainly manifested in three types,namely,game package plug-ins,game plug-ins directly acting on the client,and automatic execution type plug-ins.At the same time,it is pointed out that in judicial practice,there is no clear distinction between different crimes involving online game plug-in programs,and there are cases of different sentences for the same case,and because of the lack of theoretical analysis of specific crimes in the judgment documents,there have been more disputes.The second part is to analyze the behavior of making and selling online game plug-ins.The establishment of the crime of illegal business operation or related computer crimes will violate the basic principle of legally prescribed crimes and punishments,and the use of illegal business crime regulation may lead to the imbalance of crime and punishment.This article is based on the essential characteristics of online game cheats,and believes that no matter what type of online game cheats,they have broken through the technical protection measures of the original game program during production,obtained data and deciphered them in reverse,which is in line with the Eleventh Amendment to the Criminal Law.》In the newly added relevant provisions of the crime of copyright infringement.The third part discusses the behaviors related to cheating in online games other than manufacturing and selling behaviors.First of all,this article believes that the crime of selling infringing copies should be applied to the simple sale of online game plug-ins when the amount reaches the prescribed standard.If there is both sales and production and sales,it should be punished together.Secondly,the behavior of using online game cheats for game leveling should not be regulated by criminal law,and can be accomplished through civil and other remedies.Finally,regarding the case of using plug-ins to obtain virtual property in games,this paper believes that the crime of illegally obtaining computer information system data should be applied.