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网易《率土之滨》与灵犀互娱《三国志·战略版》原创之争再起波澜:二审发回重审 玩法规则能否享有著作权?
Xin Lang Zheng Quan·2025-08-19 06:09

Core Viewpoint - The Guangzhou Intellectual Property Court overturned the first-instance ruling that recognized copyright infringement by Lingxi Interactive Entertainment's "Three Kingdoms Strategy Edition" against NetEase's "Rate of the Land," emphasizing that game rules are considered "ideas" and not protected by copyright law [1][2]. Group 1: Legal Proceedings - The first-instance ruling in 2023 recognized 79 instances of structural plagiarism in "Three Kingdoms Strategy Edition," leading to a compensation order of 50 million yuan, marking a historic acknowledgment of gameplay mechanics under copyright [2]. - The second-instance ruling highlighted two critical issues: the use of a later version of "Rate of the Land" for comparison, which led to factual discrepancies, and the distinction between ideas and expressions, asserting that gameplay rules are operational methods that should not be monopolized [2]. Group 2: Market Dynamics - Following the second-instance ruling, NetEase signaled its intent to continue legal action, aiming to reinforce its brand image as a "true original" [3][5]. - "Rate of the Land" saw a 100% year-on-year increase in downloads in 2025, with a 28% rise in revenue, attributed to its youth-oriented gameplay model [5]. - Lingxi Interactive's "Three Kingdoms Strategy Edition" maintained a position in the top 20 bestsellers, with over 100 million global users in 2024, leveraging innovative designs and patented technologies [6]. Group 3: Industry Implications - The second-instance ruling clarified that copyright law protects only specific expressions, prompting companies to adjust their protection strategies by separating copyrightable elements and patenting technologies [7][8]. - The competitive landscape in the Three Kingdoms SLG sector has intensified, with both companies engaging in aggressive marketing strategies to attract younger users and deepen cultural connections [9]. Group 4: Future Outlook - The focus of the retrial will be on whether Lingxi's "Three Kingdoms Strategy Edition" intentionally mimicked the overall experience of "Rate of the Land," which could have broader implications for industry practices regarding gameplay innovation [10].