Some judicial practices in China have misjudged the legal nature of video game rules,leading to deviation from fundamental principles of copyright law in their understanding and ruling on copyrightability.To prevent the principle of"idea/expression dichotomy"from being undermined,it is necessary to clarify the copyright status of video game rules and carefully distinguish between the rules themselves and their expression.This paper analyzes and reflects on these misinterpretations by comparing judicial experiences in the United States,Japan,and South Korea,countries with developed video game industry.It proposes that the basic meaning of video game rules should be defined in future judicial application to prevent the misuse of the category of"other intellectual achievements that meet the characteristics of works"and ensure an accurate understanding and application of the elements constituting a work.
关键词
电子游戏规则/思想/表达二分法/独创性/功能性
Key words
video game rules/idea/expression dichotomy/originality/functionality
维普
万方数据