Is it an infringement if the game hits an item that does not belong to itself?

It is a violation of the rules of the game.

Lack of honest operators.

There are three categories: the method of determining game copyright infringement: abstract method, filtering method and comparison method. Generally, these three methods need to be applied at the same time, and if the final comparison results show that the similarity between the game and other existing games reaches a certain proportion, then it constitutes game infringement.

1. What is the method for determining game copyright infringement?

The first step in determining game copyright infringement is the abstract method, that is, to abstract the ideas in the game first. The second step is filtering, which is to filter out what is in the public domain. If the similarity is an expression in the public domain, the plaintiff does not enjoy copyright, and even if it is similar, it does not constitute infringement.

The third step is the comparison method, that is, after the idea is filtered out of the content of the public domain, the remaining parts are compared, and the content is similar to that constitutes infringement. When it comes to the game, the judge needs to compare and judge the software source**, the game as a whole and some of its elements.

1. Imitation of game rules cannot be defined as infringement. The mutual imitation of the rules of the game has become an open secret in the gaming world. To some extent, imitation of game rules will lead to the creation of homogeneous games, which will crush the market share of original online games.

However, it is very difficult to completely innovate the rules of the game, and it is difficult to trace the original creator of some games; Many people have also quietly pointed out that the rules of the game belong to the category of ideas, and the copyright law only protects the expression of ideas, not the ideas themselves, so the rules of the game do not belong to the protection scope of the Copyright Law.

2. Game elements such as characters, **, sound effects: imitation needs to be cautious Game products are not a simple combination of **, text, patterns, **, and characters are indispensable components of the game. The words, patterns, and other works in the game may constitute literary works, art works, and ** works, which are protected by copyright law.

According to the provisions of the Copyright Law, it is an infringement to reproduce, distribute or disseminate a work to the public through information networks without the permission of the copyright owner. In judicial practice, there are many cases in which courts have supported the copyright owner and determined that imitation of game words, patterns, **, etc. constitutes infringement.

What aspects of computer software infringement are examined.

1.whether the infringer has ever come into contact with the work in which the infringed party enjoys copyright;

2.Whether there is a substantial similarity between the claimed work and the allegedly infringing work.

Legal basis: Criminal Law of the People's Republic of China

Article 217.

Where any of the following circumstances of copyright infringement are committed for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given

1) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works;

2) Publishing books for which others have exclusive publishing rights;

3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings;

4) Producing or counterfeiting works of art signed by others.