How to count game copyright infringement
1. Imitation of game rules cannot yet be defined as infringement
The mutual imitation of game rules has become an open secret in the gaming industry. So the question is, does imitation of game rules constitute copyright infringement?
To a certain extent, imitating game rules will lead to the production of homogeneous games, thereby crushing the market share of original online games. However, it is very difficult to completely innovate game rules, and it is difficult to trace the original creators of some games; many people have also suggested that game rules belong to the category of ideas, and copyright law only protects the expression of ideas, not the ideas themselves, so game rules It does not fall within the protection scope of copyright law.
Currently imitating the game rules of other games is still " "Safe Zone", but judicial practice will not be static. As the game field gradually moves from the barbaric era to standardization, it is not ruled out that imitation of game rules will be deemed as infringement in the future.
2. Characters, pictures, sound effects and other game elements: be careful when imitating
Game products are not a simple combination of codes. Text, patterns, music, and characters are indispensable components of the game. The text, patterns, music, etc. in the game may constitute text works, art works, and musical works. , protected by the Copyright Law. According to the provisions of the Copyright Law, copying, distributing or disseminating works to the public through information networks without the permission of the copyright owner is an infringement.
In judicial practice, there are many cases in which courts support copyright owners and determine that imitating game text, patterns, music, etc. constitutes infringement. .
3. Source code infringement: highly sensitive
It is extremely common for Internet companies to change jobs, but employees leave , often instead of waving your sleeves and not taking away a cloud, it is possible to steal the company's source code.
The current standard for Chinese courts to determine computer software infringement is the principle of "contact + substantial similarity". Specifically, it is reviewed from the following two aspects:
First, whether the infringer has ever had access to the copyrighted works of the infringed party;
Second, request for protection of the workwhether there is substantial similarity between the product and the allegedly infringing work.
In employee tort cases, "contact" often It is easier to determine if the infringed party provides the labor contract between the infringer and the infringed party and explains the infringer's responsibilities in the software development process, or provides evidence that the software has been publicly released or sold.
On the judgment of "substantial similarity" standard , taking into account the nature of computer software, in judicial practice, the "sentence-by-sentence comparison method" (i.e., comparing software works word-for-word) and the "all concepts and feelings comparison method" (i.e., comparing two software works) are generally used in the process of similarity comparison. (based on whether the overall style, characteristics, senses, etc. of the software works are similar) and the "syllogism identification method" (that is, judging whether there is similarity in the input and output of the software). The specific comparison factors mainly include data structure, functional design, Source code, files, tool names, etc.
To prevent source code infringement, evidence collection is crucial. Rights holders must take timely measures to preserve evidence.
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