1、中文 3300 字， 1900 英文单词， 1 万英文字符 出处： Boyden B E. Games and Other Uncopyrightable SystemsJ. Social Science Electronic Publishing, 2010. GAMES AND OTHER UNCOPYRIGHTABLE SYSTEMS Bruce E. Boyden This article solves two puzzles in copyright law. First, it has long been blackletter law that games are not cop
2、yrightable. But the origins of this rule are lost to history, and the reasons for it are not obvious. Second, it has never been adequately explained what makes something a “system” excluded from copyright protection under Section 102(b) of the Copyright Act. Modern courts interpret “system” as merel
3、y a synonym for “idea” or “process,” two other categories of exclusions. Others have interpreted it using the broadest definition in the dictionary, which would sweep in large amounts of copyrightable material as well. Neither definition gives the term any meaningful content. Like a solving crosswor
4、d puzzle, this Article uses each of these questions to shed light on the other. Games are uncopyrightable because they are systems. The case law that led to the adoption of Section 102(b) demonstrates that systems are schemes for transforming user inputs into a correlated set of outputs. Games do ex
5、actly that. A game is a scheme for transforming player activities into moves within the game. The reason why games and other systems are uncopyrightable then becomes clear: the purpose of a system is to serve as a forum for user activity; it is users, not authors, who provide the primary information
6、al value to the outputs of a system. Games and other systems are excluded in order to fence in copyright protection be- fore it reaches user creation. INTRODUCTION Games are deceptively simple objects of human culture. They are familiar and commonplace and often easy to learn: young children play them at an early age. For most people, games are a pastime, a form of recreation that involves relatively little preparation or time commitment. They are thus the very opposite of work, and hardly co
