2015, Vol., No.13

Journal of International Business Transactions Law 2023 KCI Impact Factor : 0.31

pISSN : 2982-5903 / eISSN : 2982-5946
https://journal.kci.go.kr/IBT

As digital technology has developed, digital games have been widely entertained by their users. The landscape of digital games has been notably changed from arcade to console and computer desktop to interactive multiplayer games. This phenomenon has been triggered by high speed of Internet accessibility. Digital games have special features different from other copyrighted works on basis of their technical structures. Hence, this Article will attempt to explore several legal issues arising out of digital games, reflecting their features. This Article begins with originality requirement associated with digital games. In this context, I explore the originality of visual output created by the digital games and of the characters appearing on the digital games. In terms of the originality of visual output created by the digital games is concerned, this Article explain that the visual output might be uncopyrightable through the merger doctrine and/or the scènes à faire doctrine. As far as the originality of characters featured in a video game, the Korean Supreme Court in Konami v. Neople held that a character featured in a video game was copyrightable under the Korean Copyright Act, independent from the game itself. Afterwards, the Article turns to copyright-related issues in the emerging e-sports. In this regard, this Article recognizes the necessity for research on the issues such as functional and material constraints, the rules of the game and games as systems, and issues as to whether game output is authorship of a derivative work or joint authorship as well. Also, the Article delves into the possibility that the cable or TV broadcast of digital game on cable or TV outlets may constitute fair use. In addition, this Article deals with the technical copyright-protection measures. Also, this Article delves into international copyright dispute. In an international copyright dispute, the choice of the applicable law can indirectly affect the scope of copyright protection and fair use because the domestic copyright law of each country varies depending upon its legal and economic situation. Finally, the Article summarizes and proposes several feasible legal solutions for the development of digital game industry.

The positive prospect of Vietnam residential house market is attracting foreign direct investment especially to Hanoi and HCMC's real estate market. However, the law and regulations related to the real estate business has many kinds of typical aspects because of the characteristic of the socialist system of Vietnam. In addition, the new Residential Housing Law and new Real Estate Law adopted many kinds of new requirements for the real estate developer to protect residential house buyers. Thus the investors in the area of real estate need to focus on the legal elements required by the Vietnamese law and related regulations. This article only reviewed the sales period in the residential house development project such as Deposit Agreement, Capital Contribution Contract, requirements for the Sale and Purchase of houses and issuance of Land Use Right Certificate. Thus before starting the residential housing investment in Vietnam, the foreign company also needs to review the first stage of investment such as obtaining Investment License, permission for the construction together with the second stage such as the compensation for the land and the attached assets, clearance of the land and so on. The investor also needs to consider the difficulties in clarifying the requirements for the real estate business because the law and regulations are not clear and the ruling of courts have not been opened to the public in Vietnam. In addition, it is difficult to find a appropriate textbook or thesis clearly explaining the law and regulations related to the real estate business in Vietnam. Lastly I want to add that it is difficult to contact officials of Ministry of Construction and Department of Construction to get the answers for the vague parts of real estate areas. In conclusion, to secure success of investment in Vietnamese real estate business market, the investor needs to carefully review the law and regulations, consider the unclear requirements in the law and consult the real estate business law specialists to get their experience together with the principles in law.

With the rapid growth of China's motor vehicle population, motor vehicle damages disputes are increasing, the lack of theories and the inadequacy of the existing laws led to a lot of controversy when identify the subject of motor vehicle liability in judicial practice。This title analysis the legal basis for the identification of subject of motor vehicle liability, on this basis, improves the identification standards with the “dual factors”for principle and the “one factor”for complementary and complying with the identification standards, makes a typed analysis of the identification of the subject of common motor vehicle liability in judicial practice. So that we can define the identification standards of the subject of motor vehicle liability to protect the legitimate interests of the victim and maintain the traffic order.