중국 컴퓨터게임 소프트웨어 저작권보호의 주요쟁점 및 중국게임법의 개선방안 고찰

Abstract

With the number of players in recent years grew significantly, those people which is a small part of the game players for the effect of unfair pursuit, become the xtras generation and evolution of the market driving force. Through the analysis of the network game xtras the definition, mechanism and types, it is known that the role of xtras is essentially the network game data modification, and the network game software copyright great harm. But because China’s lack of technicality of the normative documents, present in the network game xtras of infringing the copyright issues, there are difficult to protect copyright from the Angle of the regulations shall be effective difficulties. The network game software is our country legal copyright object, in order to improve the network game copyright protection level, it shall be the network game as the combination of a variety of copyright object, mainly is the computer software and the combination of audiovisual works. By combining a variety of object protection mode gives its comprehensive protection. In the network game xtras tort and the current relevant legislation to more detailed analysis, it can be found that the optimum method at the present stage in the process, exposed cannot overall effective regulation xtras problem faults. Therefore, only the network game xtras problems, our country should from the legislation level improved, and the relevant provisions of the specific content to be adjusted. In this paper, I firstly introduce the characteristics of the computer game and its relationship with copyright. Then I give some cases of the United States, Japan and other countries, to explain the legal protection fo computer in other countries from the aspect of the computer game’s legal position, infringement, etc. Finally, I analysis the present condition of the legal protection for the computer game in China and give some suggestions, hoping to provide some help in the promotion of copyright protection for our computer games. Firstly the paper describes that there are three modes about virtual property transaction of online game for the official and unofficial trading pattern outside the game, in-game pattern. Secondly, it affirms the legitimacy of the aforementioned mode virtual property transactions. Thirdly, it makes special emphasis on the legal relationship, the rights and obligations among main parties in the mode. Fourthly, it lists the uniqueness of virtual property transactions of online game in subject, object and payment. Last but not least, it discusses the processing rules of illegally obtained virtual property that the buyer can take ownership of virtual property obtained by plug as long as the bona fide acquisition. To begin with, the third part talks over the common problems on fraud and illegal source about virtual property transactions of online game, and demonstrates the necessity of protection for virtual property transaction of online game, in addition, after the discussion of the conservation status of virtual property transactions of online game in china and other foreign countries, the paper proposes the recommendations of civil legislation and judicial protection about China’s virtual property transactions of online game.