Research On The Configuration Effect Of The Factors Affecting The Compensation Amount Of Online Game Copyright Infringement Litigation

With the development of society and the improvement of living standards,people gradually pay attention to spiritual satisfaction.As one of the most popular forms of entertainment at present,the market size of online games is constantly expanding.In2021,the sales revenue of China’s game market reached 296.513 billion,an increase of6.4% over 2020,and the user scale exceeded 650 million.At present,China’s game users have entered a stage of slow growth stock competition,which also promotes the development of the game industry in the direction of game quality.A game contains a lot of intellectual property,and the more exquisite the game,the more original works it has.With the advancement of intellectual property-related policies,game companies are increasingly respecting intellectual property rights,and at the same time,the awareness of rights protection has gradually increased,and the number of online game intellectual property litigation has also increased year by year.The main purposes of intellectual property litigation include stopping infringement and obtaining compensation,of which the amount of litigation damages has always been a hot topic in academic research.This paper takes the online game copyright infringement lawsuit judgment as the research object,and uses the fuzzy set qualitative comparison method to explore the combination of antecedents that affect the amount of compensation in online game copyright infringement lawsuit.First of all,based on the TOE framework theory,from the technical level,organizational level and environmental level,through literature analysis,this paper determines that six factors,such as work type,game life,game scale,litigation cost,policies and regulations,and the degree of infringement fault,have an impact on the amount of compensation for online game copyright infringement litigation.Secondly,this paper selects 124 judgments on copyright infringement of online games from the China Judgment Document Network,and after careful reading,converts the text materials into digital data,and makes descriptive statistics on the data.Then,from the perspective of configuration as a whole,the fs QCA software is used for analysis.Finally,four high compensation configuration paths and two non-high compensation configuration paths are obtained.This paper analyzes four high compensation configuration paths and two non high compensation configuration paths based on different cases,and draws the following conclusions:(1)The elements of technology,organization and environment are not the necessary conditions for obtaining high compensation separately.The high compensation for copyright infringement is the result of the joint action of various antecedents.(2)According to the different combinations of core conditions,the four paths of high compensation amount can be summarized into two types: "environment oriented" and "technology environment oriented".The degree of fault of environmental condition tort plays a core or auxiliary role in the four paths of high compensation amount,which is the main condition for forming high compensation amount.(3)The path of non-high compensation amount and the path of high compensation amount have the characteristics of asymmetry.In the two paths of non-high compensation amount,the degree of tort fault is missing,which indicates that proving whether infringement is the primary condition for obtaining compensation,and whether high compensation can be obtained requires a combination of various factors.