碩士 / 國立政治大學 / 科技管理與智慧財產研究所 / 107 / With the popularity of the Internet and smart phones, video games have become one of the inseparable elements for many modern people's lives. In addition to the popular mobile games that can be enjoyed almost anytime and anywhere, there are also many great games which are so spectacular that can be deemed as fine art masterpieces. Game industry gave born to E-sport, which have been valued as a high-intensity, high-team strategy-oriented campaign in recent years. As various factors have brought huge business opportunities to the game industry, related intellectual property rights issues begin to received high attention.
The Copyright Law is the most widely known legal protection to the aesthetics and emotions of human creations. Game developers dedicate their efforts and personal emotions to create games, so theoretically video games should be protected by copyright. However, video games are usually hybrid of different works such as literary texts, images, music and computer programs, and compared with other types of works, video games include lots of interaction with the audience, and the "rules and methods" while interacting with the game works. Therefore, there are difficulties for copyright law to protect video games, which allow plagiarists to take advantage of.
Tencent, one of the most prestigious cooperation in China, is also well-known as a notorious copycat in the game industry. Surprisingly, only a few game operators have claimed their rights against Tencent. Tencent is almost invincible in all the game rights defense litigations in the past, and it even filed lawsuits against other plagiarists. Tencent expanded its game business in an astonishing speed by acquiring other game developers' shares and their game copyrights. Tencent’s nasty reputation in the video game market doesn’t fit with its legal evaluation in game copyright lawsuits, which means the definitions for plagiarism are different in the law field and in the video game market.
I would like to assume that there is a difference between the market and the law in the identification of plagiarism, so that plagiarists such as Tencent can find their opportunity for copying games. By observing the history events and game copyright lawsuits related Tencent over the years, and then comparing with other cases to examine whether there are gaps in the current law. Finally, establish a model to explain the problems existing in the current copyright law, and the reasons for why Tencent’s competitive strategy can be implemented.
The biggest problem now game creators are facing is that the game elements such as interface, play methods and rules are too easy to be excluded from the reign of copyright protection, so that plagiarists can steal all these efforts blatantly. Fortunately, the courts have noticed the problems and try to fix them. I hope this thesis can find out the hardship and dilemma for game developers while they facing plagiarism and trying to protect their games by copyright law, so that both the industry and judicial system can improve on such phenomena, and enhance the concept of intellectual property to protect the game creators’ rights in the market.
| Identifer | oai:union.ndltd.org:TW/107NCCU5769024 |
| Date | January 2019 |
| Creators | Hsu, Kai-Chieh, 許凱傑 |
| Contributors | Chen, Ping-Hsun, 陳秉訓 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 92 |
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