In a legal dispute involving copyright infringement and unfair competition, a technology company in Shanghai, holding the copyright for the game Doula Continent: Soul Master Duel, accused a technology company in Shenzhen, the developer of the game Stickman Awakens, and a technology company in Hainan, the operator of the game Stickman Awakens, of copyright infringement.
The plaintiff claimed that the structural arrangements and sequences in Doula Continent: Soul Master Duel constituted original expressions, alleging that Stickman Awakens had entirely copied these elements, thus infringing its copyright. Even if copyright infringement was not established, the plaintiff argued that the actions constituted unfair competition, seeking a court order to halt the alleged infringement and claiming 10 million yuan ($138,445.50) in economic damages plus 320,000 yuan for reasonable expenses.
The first-instance court ruled that the accused actions did not infringe copyright but found that Stickman Awakens had extensively copied the gameplay rules of Doula Continent: Soul Master Duel, constituting unfair competition. It ordered the defendants to cease violations and pay 3.31 million yuan in damages (3 million yuan for losses, 310,000 yuan for expenses). Both sides appealed.
The appellate court affirmed that game rules, though complex, are considered "ideas" under copyright law, and visual expressions of the two games differed significantly, dismissing copyright claims. However, the court upheld the unfair competition ruling, acknowledging the harm to the plaintiff, consumer rights, and market order. It dismissed both parties' appeals and affirmed the original judgment.
In this case, the court thoroughly weighed the crucial legal interests of operators' competitive rights against consumer protection and public welfare, ultimately determining that replicating game rules amounted to unfair competition. The court's verdict not only showcases judicial acumen in addressing intricate matters amidst academic debates but also underscores its unwavering commitment to upholding the order of market competition.
