[2] The degree of originality of a work required to be protected under the Copyright Act

[3] The subject of protection of copyright and the standard for determining actual similarity between game works

[4] Whether the expression, etc. which is indispensable or typically accompanied by the game itself or through the game itself, such as the method and rules of the game in the game work, is subject to protection under the Copyright Act (negative)

[5] Requirements for the game development method, rules, etc. to be subject to protection of the copyright as the inherent expression of the game work

[6] The case holding that all kinds of types of games, development methods, and rules of " springer" games cannot be seen as an inherent expression protected by the Copyright Act, and specific expressions, such as flass, road map, character, items, items, and brusium, are not substantially similar to the "crade Acravi" games and the " springer" games

[2] Article 2 subparagraph 1 of the Copyright Act provides that a work refers to a creative production belonging to the scope of a literary, scientific, or artistic work. Creativeity required to be protected under the Copyright Act refers to the author's own work that is not a beer of the other's work and that the other's work is not a pipe of the other's work, but that the other's work has a minimum creativeity to the extent that it is worth being protected under the Copyright Act, so it does not mean a complete originality, but it does not necessarily mean the same or similar originality even if the author's creative identity is not revealed. In other words, it cannot be said that the author's creative identity is not revealed.

[3] The Copyright Act protects creative forms of expression that specifically expresses ideas or emotions obtained by people's mental efforts with respect to literature, science or art by speech, letter, sound, color, etc. The contents expressed, namely, ideas, ideas, ideas, functions, and emotions themselves are not subject to copyright protection, in principle, even if they are originals, so it is not subject to copyright protection. Therefore, in determining whether a substantial similarity exists between a game work, it shall be compared only with creative expression forms.

[4] In a case where an abstract game decoration, a background of a basic game, a game development method, a rule, or a stage change in the game is merely an idea as a concept, method, method, method, and creation of a game, and such idea itself cannot be protected under the Copyright Act. Furthermore, if there are only one methods to express a certain idea, or if there is a limit in the method of expression due to technical or conceptual constraints even if one or more methods are possible, such expression is substantially similar only if it is not protected under the Copyright Act or if it is copied as it is, and thus, it cannot be protected under the Copyright Act.

[5] In order to become the subject of copyright protection as the inherent expression of a game work as the method and rule itself or the choice and arrangement of such a game itself reveal the identity of the author among the expression forms in which the copyright is protected, it should be viewed as an expression. The limitation that should be operated through a computer and expressed in a computer monitor, the degree of user's interest, speculation, game capacity, compatibility, etc. should be taken into account. In a case where the expression is restricted due to the restriction on a computer game, it cannot be deemed that a certain game method or rule is inherent in the game, and it should not be deemed that the expression has reached the identity of the author beyond the dimension of the idea because it is inherent in the game. Rather, such game method or rule does not have the exclusive rights of a specific person, but should allow anyone to freely use it so that various games can be created by various expressions.

[6] The case holding that since there is no room for an author's various expression in terms of various creation, development methods, and rules, etc. of the game in the game, the basic principle of which is to kill the other party character by using a bomb in a rectangular pattern, it cannot be seen as an inherent expression protected by the Copyright Act, and, except for this, it is not substantially similar to the "cravi" game and the " springman" game in specific expressions, such as crads, road map, character, item, width, etc. protected under the Copyright Act.

2. The defendant's counterclaim is dismissed.

3. The costs of lawsuit are assessed against the Defendant-Counterclaim Plaintiff by aggregating the principal lawsuit and counterclaims.

Counterclaim: Subject to the condition that the principal lawsuit by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is not dismissed, the Plaintiff shall not use, advertise, or advertise “Crade Drade” games, an Internet network game, to the Plaintiff or a third party’s server, and shall not reproduce, distribute, transmit, or display the “Crade Drade Drac Games.” The Plaintiff shall destroy the diskettes, magnetic tapes, and the “Crade Drade Draf games” in storage in the factory, office, store, and warehouse, and deleted the contents of “Crade Drack Draf games” from the Hlo disc of the server for operating the game, from the following day to the day of complete payment of a duplicate copy of the instant game to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) by 11,702,06,64 won, and from the day after the day of complete payment.

The following facts are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the images of Gap evidence 3-1 through 27, Gap evidence 4-1 through 28, and Gap evidence 5-1 through 10:

A. Development of the Defendant’s spring spring game

Since the Defendant developed the “ springer” game for household use, which is a game for use or amusement (hereinafter “ springer game”) and launched around 1985, the Defendant used each game listed in the separate sheet, which is similar to this, as a screen. The basic method of the springer game is to develop and provide services for the game as a screen. The basic method of the springer game consists of a small block destroyed by the storm, which is not destroyed by the width, and if a character operated by a user is installed in a plafeld on the bar board in the form of a plad, a brud and a brud in the form of a brud, with a width after a certain period of time. If a character bruds are installed in the plad, a brud, if the other party or its character is faced with the plad, it sads the character with the brud, and if the character is destroyed, the plae will have a specific function.

A person shall be appointed.

[Afforestation 1] One page of springer Game

A person shall be appointed.

[Yelim 2] One page of the Vienna Game

B. Development of the Plaintiff’s Vienna Game

The Plaintiff developed the online ID game called “cradice rink” (hereinafter referred to as “non-NN game”) from October 2001 and operated from around October 201. The basic method of the non-NN game is to set up a water line after a certain period of time if a character operated by a user from a croptainr is installed, and the water line is set up in the shape of a crop, and the water line is set up in the shape of a crop. If the other party or its character is in the water line, if the character is cut off from the water tank for a certain period of time, and the character cannot be cut off from the water tank for a certain period of time, and the above cropoid is destroyed by a specific route block that is not destroyed by a water line, and is destroyed by a specific channel that can move the block.

2. Determination on this safety defense

A. Determination as to the main defense against the main defense

With respect to the plaintiff's assertion that the Vienna Game does not infringe the copyright of springer Game, and as the main lawsuit, the defendant seeks to confirm the prohibition of infringement caused by the infringement and the absence of the right to claim damages, the defendant asserts that the plaintiff's main lawsuit is unlawful against the agreement between the plaintiff and the defendant on the mediation stipulated in the software hub contract.

On April 1, 203, the plaintiff and the defendant entered the above provision on the copyright No. 2, the above provision on the copyright No. 2, which provides that "the above provision on the copyright No. 2 shall be applied to the defendant for the development and provision in Korea and that the non-UNFCCC game services shall be provided in Asia except Korea and Japan." The above provision on July 31, 2003 and March 31, 2004 provides that the defendant shall pay 17,000,000 to the defendant for each of the above provision on the copyright No. 2, which violated the above provision on the copyright No. 2, since the above provision on the copyright No. 1, the above provision on the copyright No. 2, which provides that "the above provision on the copyright No. 2, the plaintiff's infringement of rights and obligations, and that the above provision on the copyright No. 2, which constitutes an infringement of the rights and obligations of the defendant's second-party game, shall not be applied to the above agreement between the parties to arbitration."

B. Determination of the main defense on the part of the claim on the grounds of the supply act to China and Taiwan, among the counterclaims

As a counterclaim on the condition that the plaintiff's main lawsuit is not dismissed, the plaintiff claims that the plaintiff's copyright of the defendant in respect of the non-state game is infringed by providing the non-state game service and providing the above game to the Chinese and Taiwan businesses, and that the plaintiff claims measures and damages necessary to suspend and prevent the plaintiff's infringement as stated in the purport of the counterclaim, and that the part of the suspension and the claim for damages caused by the plaintiff's infringement in the Chinese and Taiwan among the counter-claim claims is unlawful since it is proved that the plaintiff's claims are not related to ① claims or defense methods of the main lawsuit and that it does not meet the requirements of the counter-claim because the plaintiff's failure to meet the requirements of the counter-claim, ② the relation between the main claim and the counter-claim as a requirement of the counter-claim is recognized even if the main part of the main claim are legally or factually common. Thus, since the main claim and the part of the above counter-claim are common to spring and the non-state game as the main part of the plaintiff's claim, the plaintiff's main part of the above counter-claim is not reasonable.

3. Judgment on the merits

The principal lawsuit and counterclaim shall be judged together.

A. The parties' assertion

(1) The plaintiff's assertion

Although springerman Game and Vienna Game are similar in the process or rules, such similar points are merely ideas and cannot be protected by expression. Even if a family expression is a typical expression for expressing ideas or belongs to the public sector widely used in other games, and thus it cannot be protected by the Copyright Act. Thus, when comparing specific expressions with the exception of these parts, the spring game and Vienna Game are not similar, and therefore, the non-UNFCCC Game does not infringe on the copyright of the springer Game.

(2) The defendant's assertion

For the following reasons, the Vienna Game violates the right of reproduction or the right to make a derivative copyrighted work of springer game (the Defendant asserts that, in addition to each spring first game cited by the Plaintiff, the infringement on the "Neman" game that was launched in 1997. The hereinafter referred to as the "Yeman game") in substance or in substance similar to the "Yeman game" that was launched by the Plaintiff.

(a)In the form of a erode or a erode game with a erode length or a erode pattern that has no effect on the erode, a erode or a erode block that can be destroyed by a erode or a water-line; the erode or a erode block that has no effect on the erode or a erode block; the erode or a erode pattern that has no effect on the erode; the erode or a erode pattern that has no effect on the erode or a erode block; the erode or a erode pattern that has no effect on the erode; the erode or a erode block that has no effect on the erode; the erode pattern or a erode pattern that has no effect on the erode; and the erode or erode pattern that has no effect on the erode.

(B) In addition, the Vienna Game is substantially similar to the spring game in terms of specific external expressions, such as the form and background of a specific road map, such as a AS road map, a container road map, and a loan road map, the form of a background and block, and the shape of a character and an item.

(C) As above, the Vienna Game is not only very similar to the emblance of the fundamental structure and nature of the game, such as the process, method, and rule, which is an inherent feature of the spring game, but also similar to the external and visual expression. As such, even if the reproduction is infringed or not identical in substance with the springer Game, it is practically similar to the right to prepare the secondary copyrighted work.

(b) Requirements for copyright infringement

For the purpose of infringing the right of reproduction or the right to prepare a derivative work of the spring game, the plaintiff should have used the spring game on the basis of it, and even if the non-N game was somewhat modified, increased or decreased, it does not reach the degree of undermining the identity with the spring game (in the case of infringement of right of reproduction), and as the basis of the original work, there is a modification, increase or decrease to the extent that it can be a new work under the social norms, and the new creativity was added, but it is still recognized as dependent on the original work (in the case of infringement of the right to prepare a derivative work), and the plaintiff's development of the non-N game is not clearly disputed in the pleading, and it should be considered that there is a substantial similarity between the two games.

C. Whether to recognize substantial similarity

(1) Criteria for determination

Article 2 Subparag. 1 of the Copyright Act provides that a work refers to a creative production belonging to the scope of literary, scientific or artistic works. Creativeity required to be protected under the Copyright Act merely refers to the author's own work that is not a beerer and that there is a minimum originality to the extent that it is valuable to be protected under the Copyright Act. However, even if any person does not reveal the creative identity of the author of a work, it shall not be deemed that the work is creative. Meanwhile, the Copyright Act protects the creative form of expression that is obtained by another person's psychological effort in terms of literature, science or art, and the contents, namely, idea, idea, function and appraisal are not, as a matter of principle, even if they are creative, and therefore, they are not protected under the Copyright Act, nor can they be protected under the Copyright Act only if they are not protected under the Copyright Act or if they are not protected under the Copyright Act, it is not in conformity with the concept of idea or idea itself, and thus, they cannot be protected under the Copyright Act.

In addition, where substantial similarity is recognized, ① a specific expression or detailed part of a work is recognized as similarity between two copyrighted works, as well as ② a case where comprehensive similarity is recognized as a whole by reproducing the fundamental nature or structure of a work, such as a specific reduced distance of novels, but, on the other hand, where the development process of a case is recognized as an inherent expression beyond the difference of ideas and the development process of a case is recognized as being conducted by a person in the specific case created by a person, it is recognized as a whole as a whole. ② The smallest distance of novels can be deemed as an expression which has the identity of an author in itself, so it is because the specific reduced distance can be deemed as a specific expression which can be freely seen as an expression of an author in light of the development method, rule, or its choice and arrangement should be considered in order to be protected as an inherent expression of a work, and thus, it should be seen that the game is not a variety of expression or expression methods, but a variety of expression methods and contents should be restricted by the user's expression methods and contents.

(2) Whether the inherent expression of springer game is recognized

As to whether the Defendant’s various creations, development methods, and rules, etc. of the game in spring and the non-UNFCCC game as similar points in the above 3.A. (2)(a) can be seen as an inherent expression of the creative identity of the author of the game in spring. The following facts may be acknowledged by comprehensively taking into account the following facts: (a) evidence Nos. 4-1 through 28; (b) evidence No. 5-1 through 10; (c) evidence No. 6-1 through 15; (d) evidence No. 7-1, 3; and (e) the images No. 18, 21; and (e) evidence No. 7; and (e) the entire purport of the pleadings.

The springman's game is a game, the basic principle of which is to kill the other party's character by making use of a bomb in a rectangular pattern. Under this basic principle, it is difficult to see that the development method and rules of the game can be expressed in very diverse ways. In other words, the character does not form a soft or stong similar to the novel in the game in the course of the game, and the background and character are not mutually affected according to changes in the background, and there is no possibility of expressing the other party in the form or rules, so it is difficult to operate the character in a rectangular pattern, and to reflect various characteristics in the process of the development of the character and the establishment of rules.

Specifically, it appears that the character "on the upper left," in light of the fact that the screen is blind, and that the character moves to the upper left, in principle, at the time of operating it on the top, it appears to be an inevitable choice due to the realistic constraints. As such, the passage should be formed by the upper left and obstacles should be placed in the game where the obstacle exists, and the overall shape of the screen or the arrangement of obstacles should be based on the upper left-down pattern (see, e.g., e., "P&War" game before the front of spring, or the size of the top-down type "the third-party type", which is not an essential type of the third-party type "the third-party type "the third-party type "the third-party type "the third-party type "the third-party type " the third-party type "", and the size of the third-party type "the first-party type "the first-party type "the first-party type" type "the first-party type "the third-party type" type "the third-party type" will be used.

A person shall be appointed.

[Clim 3] One page of "War&War" launched in 1981

In the end, in the game, the basic principle of which is to kill the other party character by using a breadth in a rectangular type, it is to say that the author’s identity is not revealed. In addition, if the character does not throw a breadth at the horizontal or vertical level when it is installed, it is hard to view that the author’s identity is expressed in a way of opening the game “spatching it behind the block to avoid its flame,” with the lapse of a certain time after the installation of the breadth, it is spatching, explosion, and if it is spatching, and the length of the spatch is spatching, if it is spatching in a spatch, and it is hard to view that the shape of the author’s author’s identity is displayed. In addition, if the spatch is installed, unless the spatch is throwed out in a horizontal or vertical manner, it is natural that the spatching of the spatch will be applied to the sp.

Then, it is difficult to see that there is no specific shape of an item such as a small block and a small block, or a small block that is destroyed by a wide width, etc., and that it has already been widely used in the game (Batt Game, etc. originating in 1980), if a small block is destroyed, it is generated at a certain probability (such as “Pengo game” and “Stton game, etc.” launched in 1984). It is also difficult to see that there is a specific standard size for the shape of a large-scale game, such as a small-scale block and a small-scale block to be destroyed or destroyed, or that there is no possibility for the use of a large-scale game, such as a wide-scale game, to be destroyed or destroyed by a large-scale type of game, such as a variety of games on which a large-scale game can be used, even after the first launch of spring.)

Furthermore, it cannot be deemed that there is a considerable room for the author’s identity expression in arranging and selecting the above method of the development of the game, the structure and block of the flass and road map, the structure and function of the item, and various kinds of creations for the reproduction of the game as a whole. Accordingly, the defendant asserts that the development process of the spring game, the existence and content of the items, and the bombs, etc. are an expression of the world where it does not actually exist, since the form of expression is about the world where it is a work-free world where it does not actually exist, and thus, it is highly probable for the defendant to be protected under the Copyright Act as it is creative and creative. However, if the official expression form is more strongly protected by the Copyright Act, the reason is that it is possible to use a variety of expressions differently from the description of the real world. Thus, the above argument is without merit, solely on the basis that the world is expressed even in cases where there is no room for various expressions due to the restriction of the game, such as the essential, structural characteristics of the game game as seen.

Ultimately, it cannot be deemed that the expression alleged by the Defendant in relation to the springman game is an expression protected by the Copyright Act because it is difficult to view the author's own identity among diverse expressions (where the Copyright Act protects it so that the defendant can see it, a game, the basic principle of which is to block the character of the other party by breaking the width inside the rectangular pattern, is likely to infringe the copyright of the springman game), and where the above game method or rule is combined with a specific display, such as a road map, road map, character, item, item, color, sound, etc., where the expression is expressed in combination with the design, color, sound, etc. of the non-UNFCCC game, only such specific expression can be protected by the Copyright Act. Accordingly, in determining the actual similarity with the non-UNFCCC game, only the remaining expressions except the above elements should be compared.

(3) The comparison between the expression protected by springer and the expression of the Vienna game

The following facts may be acknowledged by adding up the whole purport of the pleadings to each of the following items: Gap evidence 3-1 to 27, Gap evidence 4-1 to 28, Gap evidence 5-1 to 10, Gap evidence 16-1 to 15, Gap evidence 18, and evidence 21.

(A) Form and structure of plardy and road map and blocks

As seen earlier, the form of plug appears in the shape of a bar board, and the width of passage on the pen, the size of flower lines, the size of chemical salt, and the size of rectangular block and soft block, in principle, shall be unified into one sheet, in principle, is merely the idea of the plug composition and the de facto standard used in various games. As such, it cannot be the subject of comparison as to similarity, and only the specific visual form of the block, shall be compared only with the pen map, the road map, and the specific visual form of the block. The defendant argues that the expression of the plon road map, the container map, and the plon road map are substantially similar to the spring of spring. Therefore, it is deemed that the expression of the plon game is in fact similar to the spring of spring.

(1) In the case of a road map (see, e.g., this 1, 2) spring-style game is similar to snow block, snow-type block, snow-type, and e.g., snow-style block, depending on the size of 9 snow-style blocks, and e.g., e., e., g., e., g., hard-style or snow-style game, and the shape of e.g., g., e., g., g., e., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., e., g., g., g., g., g., g., g.

② In the case of a road map where a container level is emerging (see, e.g., 4, 5 the following), there is a springerman game and a base block in the form of a tree box, and the third stop from the outside of the screen is both the container level, and the container level is moving toward the direction of visibility in the form of a rectangular structure. However, although the container level is selected as a background or material, it is merely the idea of the container level itself, and the container level is used in the form of a cargo box, so if the container level is based on the background of the container, it would normally be accompanied by the winner, and the direction of the container is extremely high for choice in the direction of visibility or reflect.

A person shall be appointed.

[Afforestation 4] A road map for springer Game

A person shall be appointed.

[Afforestation 5] A road map of the Vienna Game

In addition, in light of the fact that a meeting of visual direction is a natural option, the expression of the road map is similar only when the remaining specific expressions are similar, and the expression of the road map is similar. In the Vienenna Game, the main body of the Heinna Game is that the Heinna-style block contains alute trees, the color and the pattern of the box are easily distinguishable, and the color of the Coninna-mark is easily distinguishable from the body of the boxes, the upper color of the Coninna-style game is very different in the yellow and yellow color, the total sembling and aesthetic sense are completely different, and the total sembling and aesthetic sense are entirely different from the third body of the outside, and the size of the road map of each game is located from the outside body 13 x 11,15 x 13 x 13 x it is difficult to view that the position is substantially similar solely on the basis of the fact that there is no significant possibility for choice as seen earlier.

③ In the case of the road map, (see, e.g., 6, 7) spring-man game and the Vienna game are similar in that there are houses with a yellow, yellow, and chill roof as soon as possible, and small trees with a four set of sections, and that there are turf and crosswalks. However, the background of the village is merely the idea, and the turf or crosswalk is an ordinary accompanying face in describing the village. In other detailed expressions, there are differences in the specific arrangement and direction of the house, the form of windows, the existence of a chimney, etc. In light of the remaining specific expressions, it is difficult to view that the Vienna game is practically similar, since there are many kinds of yellow and surfy block that imitates the rash block, and it is in the overall sense and aesthetic sense, and it is difficult to view it as substantially similar.

A person shall be appointed.

[Afforestation 6] Road road map for springer Game

A person shall be appointed.

[Afforestation 7] A road map for the loan of the Vienna Game

④ On the whole block form, springer game mainly consists of two-dimensional blocks, which form the main share of the original block, while the Vienna Game stands in space, while the non-Nenna Game is a three-dimensional block that accurately obtains a ticket as a traffic, and is different from each other.

(C) The form of character;

The character of springman Game (in particular, the spring spring spring game) and the character of the Vienna game (see, e.g., 8,9) are larger than the body body body, the head of which is larger than that of the body body, the snow of which is the highest, the hand and the face is short, and the body character is worn with a cap or a bell. However, among these similar points, the size of the body is exaggerated to properly express that the body character is flick on the basis of the idea of the e.g., an e., a character character, the body part of which is large, snow, a simple and small expression of the e.g., the body part of the other body part of the game, and it seems widely adopted. In addition, it is difficult to see the shape of the game as simple character, considering the size and rapid movement of character, and it is also difficult to see the specific shape of the e.g., the shape of the game character as well as the shape of the e., the body character as a g.

A person shall be appointed.

[Reg 8] The representative character of the springer

A person shall be appointed.

[Afforestation 9] Vienc representative character

(d) Forms of bombane and salt;

As seen earlier, the function of the breadth, the fact that the breadth is placed in the place where the character is character, the fact that the breadth is rhythming, expanding, and explosion is done in the sloping shape, etc. is merely an idea as a rule or a creative tool of the game, as well as an actual standard which is typically used in various games, and thus, it cannot be the subject of comparison as to the similarity of the specific expression (see, e.g., 10, 11, 12 below).

① 비엔비 게임의 물풍선은 봄버맨 게임의 폭탄과 동그랗다는 점에서 유사하나, 폭탄 및 물풍선의 실제 형태가 그러하다는 점에서 동그란 형태 자체는 저작권에 의해 보호될 수 없고, 그 구체적인 색채나 모양에는 큰 차이가 있으므로 유사하다고 볼 수 없으며, 폭탄과 물풍선이 캐릭터가 있는 자리에 설치된 구체적인 표현도 구별되고, 폭탄이 수축, 팽창하는 경우의 전체적인 미감도 확연히 구별된다. ② 폭탄이 폭발하여 화염이 십자 형태로 미치는 표현과 물풍선이 터져 물줄기가 십자 형태로 미치는 표현, 각 연쇄반응으로 터지는 표현은 위 그림에서 보는 바와 같이 그 색채 및 형태는 물론 느낌과 미감에서 확연한 차이가 있다.

A person shall be appointed.

[Y 10] Bombling and breadth of springman Game

A person shall be appointed.

[Reforest 11] Water Paint and water bags of Vienna Games

A person shall be appointed.

【Em 12】 The left side of the spring-man game and the Vienna game, each of the chain explosions of the Vienna game

(e) The form of an item;

Since the function of springer game itself is merely an idea that cannot be protected by the Copyright Act, we would like to examine whether the specific expression is similar.

① 캐릭터의 이동속도가 빨라지는 아이템의 경우 롤러스케이트라는 유사점이 있으나, 바둑판 모양이고 장애물인 블록이 많이 존재하는 플레이필드에서 상하좌우로 이동하는 캐릭터의 이동속도가 빨라지는 것을 표현하기 위하여 자동차, 자전거, 스케이트보드, 번개 등은 적절하지 않은 표현일 수 있어 롤러스케이트, 날개 달린 신발 등 몇 가지 가능한 선택 중 하나인 것으로 보이는 점, 그 구체적인 표현은 아래 표에서 보는 바와 같이 색채, 형태에서 뚜렷이 구별되고, 비엔비 게임의 롤러스케이트는 귀엽고 아기자기한 느낌이 강조되는 등 전체적인 미감에도 차이가 있는 점에 비추어 보면 실질적으로 유사하다고 볼 수 없고, ② 신발 아이템의 경우 봄버맨 게임은 구두, 비엔비 게임은 운동화 형태이고, 글러브 아이템의 경우 봄버맨 게임은 야구 장갑, 비엔비 게임은 권투장갑으로서 구별되며, 현실의 신발이나 글러브의 모양을 모방하여 표현한 것으로서 그 표현이 보호되기 어려울 뿐만 아니라 아래 표에서 보듯 구체적인 색채나 형태도 확연히 구별되며, 신발로 폭탄이나 물풍선을 찼을 때의 구체적 표현도 구별된다.

Comparison of items with the NAN Game

A person shall be appointed.

(3) An item that may be installed, an item, or an item, etc., the length of a chemical or water rope increased by an increase in the number of characters in the glocks, while on-and-off and off, is as seen above, and its specific form and color are distinguishable as seen in the above tag, so it is difficult to recognize substantial similarity. ④ An item that enables animals to escape from a flight object is also an item and an idea (including an idea that a flight object can be cut off, but cannot go beyond the hick block) is not subject to protection under the Copyright Act, and its specific expression cannot be seen as substantially similar to that in the public, because it is difficult to see that the animal can not be seen as being identical to that in the public, as seen in the above tag, and it is also difficult to see that the animal pattern itself is identical to the foregoing expression in the public, regardless of its specific form and color.

D. Sub-determination

Therefore, since springman's game and Vienna game are not substantially similar to the protected expression, the Vienman's game does not infringe on the copyright of springman's game (the plaintiff entered into a license agreement with the defendant on April 1, 2003, which was after the time when the non-NN game was launched, and the plaintiff confirmed that the non-NN game is a secondary work of springman's game, as seen above, although the above judgment cannot be changed as a matter of legal assessment because the plaintiff's intent can not affect its judgment as a matter of legal assessment, the plaintiff's claim for suspension or claim for damages on the ground of the above copyright infringement against the defendant does not exist, and as long as the defendant contests this issue, there is a benefit to seek its confirmation.

4. Conclusion

Therefore, since the Vienna Game does not infringe on the copyright of springer Game, the plaintiff's claim is justified. The defendant's counterclaim, which is premised on the above infringement, is all dismissed. It is so decided as per Disposition.

Judges Jeong Young-jin (Presiding Judge) Kim Jong-Un