Anti-fraudReskin infringementUGC platformsUnfair competition

【Weekly Gaming Law】Lawyers Comment on miHoYo’s Anti-Fraud Actions; Infringing “Reskinned” Game Ordered to Pay RMB 5 Million

【每周游戏法】律师评米哈游反舞弊;侵权游卡被判赔500万

February 25, 2026
0 views

Summary

This weekly update examines three recent legal developments in the gaming industry: miHoYo’s anti-fraud enforcement and supplier blacklist measures; a “reskin” infringement case involving a Three Kingdoms-themed card game resulting in a RMB 5 million damages award based on unfair competition; and Roblox’s launch of AI-powered interactive content generation tools. The article outlines the legal considerations arising from supply chain compliance, the boundary between public domain materials and protectable game design, and the intellectual property and compliance implications of AI-generated interactive content within UGC platforms.

01

miHoYo Anti-Fraud Announcement:

4 Arrested, 1 Dismissed, 24 Entities Permanently Blacklisted

On February 6, miHoYo released an anti-fraud announcement through its official public account, disclosing its normalized mechanisms in institutional development, reporting channels, and enforcement procedures.

The announcement publicized several recently investigated typical cases: among them, four individuals were sentenced for committing the crime of accepting bribes by non-state personnel, and one individual was dismissed for illegally seeking benefits; at the same time, the company blacklisted 24 involved suppliers and announced permanent termination of cooperation.

Nuocheng Commentary:

According to the recently released anti-fraud case announcement by miHoYo, while derivative merchandise businesses in the ACGN (anime-style) gaming sector generate significant revenue growth, they also expose non-negligible supply chain risks.

From design, production to sales authorization, each stage of such business involves close interaction with external suppliers, which may give rise to misconduct such as solicitation or acceptance of bribes by interfacing employees. Therefore, establishing a systematic risk prevention and control mechanism is essential, for example:

  1. Improving the supplier management system by implementing strict admission reviews, performance evaluations, and blacklist mechanisms, and promoting transparency in bidding and price comparison processes at key stages;

  2. Strengthening internal process control by clearly defining authorization and approval authority, setting multi-level review mechanisms for contracts and payments, and conducting regular compliance audits;

  3. Establishing supervision and reporting channels through internal audits, irregular inspections, and anonymous reporting platforms to form a continuous oversight environment;

  4. Conducting routine integrity training to enhance employees’ legal and compliance awareness and clarify behavioral red lines and consequences of violations.

Only by embedding risk prevention and control throughout the entire business process can derivative merchandise operations achieve healthy and sustainable development while generating profits.


02

Yoka’s Three Kingdoms: Famous Generals Faces “Reskin” Infringement,

Awarded RMB 5 Million in Damages

Recently, the Hainan Free Trade Port Intellectual Property Court published a case involving “reskin” infringement of a Three Kingdoms-themed card game.

The plaintiff, a Hangzhou-based company, claimed that its self-developed Three Kingdoms-themed card mobile game Three Kingdoms: Famous Generals received favorable market response after launch, whereas the defendant, a Hainan-based company, released Overlord’s Ambition, which was highly similar in character design, skill parameters, level design, and other core gameplay elements. The plaintiff asserted that the defendant’s conduct infringed its adaptation right and information network dissemination right and constituted unfair competition, seeking RMB 30 million in damages.

After trial, the court held:

  1. Similar game content does not constitute copyright infringement:
    First, designs such as general skills, talent parameters, and tactic attributes are common gameplay mechanisms in Three Kingdoms card games, and such rule designs belong to the realm of ideas;
    Second, level names and the order of general appearances derive from public domain materials such as Romance of the Three Kingdoms and Records of the Three Kingdoms. The creative space for game designers is limited and constitutes limited expression.

  2. Excessive imitation of the game constitutes unfair competition:
    The two games share a large number of overlapping or highly similar designs in rule names and parameter settings, which cannot reasonably be regarded as coincidence.

Three Kingdoms: Famous Generals enjoys a certain level of market recognition and influence. The Hainan company’s imitation of the Hangzhou company’s game beyond reasonable limits reduced its own development costs and diverted the target user group. Therefore, such conduct violated the principle of good faith and relevant commercial ethics, harmed the lawful rights and interests of the Hangzhou company, and constituted unfair competition.

Ultimately, the court ordered the two defendants to jointly compensate the plaintiff RMB 5 million and rejected the remaining claims. The second instance upheld the original judgment.

Nuocheng Commentary:

When comparing game content based on classic literary themes such as Journey to the West or the Three Kingdoms, public domain content must be excluded to avoid incorporating public materials into the scope of exclusive protection.

Specifically, character images, basic plots, and level names originating from works such as Journey to the West and Romance of the Three Kingdoms, which have entered the public domain, belong to shared cultural heritage and may be reasonably used by any developer.

However, the public nature of the theme does not mean that developers may freely imitate specific gameplay design. What truly reflects a game’s originality and commercial value often lies in the in-depth design of skill systems, equipment systems, and battle mechanics at the level of game rules.

If a game is highly similar to a previously released game in overall structure, specific gameplay rule design, numerical settings, and other aspects, exceeding industry practice or reasonable reference, and thereby causes consumer confusion or weakens the market competitiveness of the original game, such conduct is likely to be recognized as violating principles of good faith and commercial ethics and constituting unfair competition.


03

Roblox Launches AI Tool:

Aiming to Directly Generate Complete Games

Recently, Roblox officially launched an AI-powered tool for generating interactive in-game items for players and creators and announced that its “Full Scene Generation” capability is under development and will be gradually released in the future. According to official disclosures by Roblox and reports from Reuters and The Verge, the tool is based on Roblox’s self-developed generative AI system and allows users to generate 3D items with operational and interactive logic through natural language prompts, such as doors that can be opened and closed or drivable vehicles.

Roblox refers to this capability as “4D Creation,” emphasizing that it is no longer limited to static model generation but incorporates behavior, rules, and interaction into the generation dimension, thereby significantly lowering the threshold for content creation. The company also stated that this tool represents an important step in building its AI world model, with the future goal of enabling AI to directly generate complete game scenes or even dynamic worlds.

The feature is currently in Beta or phased release status and is mainly available to the creator community for testing. Roblox believes that AI-driven creative tools will reshape the production model of UGC games and further expand platform content supply and ecosystem scale.

Nuocheng Commentary:

Roblox’s launch of AI-generated interactive content tools marks UGC platforms’ formal entry into the stage of “AI-native content production,” with implications extending beyond mere technological upgrades.

First, at the intellectual property level, ownership of AI-generated interactive items and future “complete scenes” will become a core issue among platforms, creators, and rights holders of model training data. If platforms permit direct commercialization or trading of AI-generated content, clearer allocation of ownership, scope of authorization, and infringement liability must be specified in user agreements.

Second, at the compliance and content governance level, when AI is capable of generating game objects or scenes with behavioral logic, potential risks are no longer limited to inappropriate images or text, but may involve more complex issues such as gameplay inducement, virtual property mechanisms, gambling elements, or protection of minors. For overseas game companies, this means that AI-generated content must be incorporated in advance into existing content review, risk control, and compliance frameworks.

中文原文

01

米哈游反舞弊通报:

4人被抓,1人辞退,24家永不合作

2月6日,米哈游通过官方公众号发布反舞弊通报,披露了公司在制度建设、举报渠道及打击流程上的常态化机制。

通报中公示了近期查处的典型案例:其中4人因触犯「非国家工作人员受贿罪」获刑,1人因违规谋取利益被辞退;同时,官方还拉黑了24家涉案供应商,宣布永不合作。

诺诚评论:

根据米哈游近期发布的舞弊案件通报可知,二次元游戏的衍生品业务在为企业创造显著收入增长的同时,也暴露出不容忽视的供应链风险。

该业务从设计、生产到销售授权,各环节均与外部供应商有着密切联系,容易滋生对接员工索贿、受贿等舞弊行为。因此,建立系统性的风险防控机制至关重要,例如:

1、完善供应商管理体系,实行严格的准入审核、绩效评估与黑名单制度,推进关键环节的招标与比价流程透明化;

2、强化内部流程管控,明确授权审批权限,对合同、付款等环节设置多级复核机制,并定期进行合规审查;

3、建立监督与举报渠道,通过内部审计、不定期巡查及匿名举报平台,形成持续监督环境;

4、开展常态化廉洁培训,提升员工法律与合规意识,明确行为红线与违规后果。

只有将风险防控嵌入业务全程,才能保障衍生品业务在创造利润的同时实现健康、可持续的发展。



02

游卡《三国杀名将传》遇“换皮”侵权,

获赔500万元


近日,海南自由贸易港知识产权法院公布一起三国题材卡牌游戏的“换皮”侵权案例。

原告杭州某公司诉称,其自主研发的三国题材卡牌手游《三国杀名将传》上线后广受好评,而被告海南某公司推出的《霸王雄心》在人物形象、技能参数、关卡设计等核心玩法上与其高度相似。原告认为,被告行为侵犯其改编权、信息网络传播权,并构成不正当竞争,索赔3000万元。

法院经审理认定:

1、相似的游戏内容不构成著作权侵权:其一,武将技能、天赋参数、锦囊属性等设计为三国类卡牌游戏通用玩法,该等规则设计属于思想范畴;其二,关卡名称、武将上场顺序等内容源自《三国演义》《三国志》等公有领域素材,游戏设计者对此创作的空间不大,属于有限表达。

2、游戏过度模仿构成不正当竞争:两款游戏在规则的名称和参数设定方面存在大量重合或高度相似的设计,难谓巧合。

《三国杀名将传》在市场上具有一定的知名度和影响力。海南某公司对杭州某公司游戏超过合理限度的模仿,降低了海南某公司游戏的开发成本,抢夺游戏目标群体。因此,海南某公司的行为有悖诚实信用原则和相应的商业道德,损害了杭州某公司的合法权益,构成不正当竞争。

最终,法院判决两被告连带赔偿原告500万元,并驳回其他诉讼请求。二审维持原判。

诺诚评论:

在就西游、三国等经典文学题材进行游戏内容比对时,需注意剔除公有领域内容,避免将公有素材纳入专有保护范围。

具体而言,角色形象、基本情节、关卡名称等源于《西游记》《三国演义》等已进入公有领域的原作内容,属于社会共同文化遗产,任何开发者均可合理使用。

然而,题材的公共属性并不意味开发者在具体玩法设计上可任意模仿。真正体现游戏独创性与商业价值的,往往在于对技能系统、装备体系、对局机制等游戏规则层面的深度设计。

如果游戏在整体游戏架构、具体玩法规则设计、数值设定等方面与他人在先发布的游戏内容高度相似,且超出行业通行做法或合理借鉴的限度,导致消费者混淆、削弱原创游戏的市场竞争力,则该行为很有可能被认定为违反诚信原则与商业道德,构成不正当竞争。



03

Roblox推出AI工具:

目标可直接生成完整游戏

近日,Roblox正式推出面向玩家与创作者的AI生成互动游戏内物品工具,并宣布其“完整场景生成(Full Scene Generation)”能力正在开发中,将于后续逐步开放。根据Roblox官方披露及路透社、The Verge等权威媒体报道,该工具基于Roblox自研的生成式AI技术体系,允许用户通过自然语言提示,直接生成可在游戏中运行、具备交互逻辑的3D物品,例如可开关的门、可驾驶的载具等。

Roblox将这一能力称为“4D Creation”,强调其不再局限于静态模型生成,而是将“行为、规则与交互”纳入生成维度,从而显著降低内容创作门槛。官方同时表示,该工具是其构建AI世界模型的重要一步,未来目标是实现由AI直接生成完整游戏场景甚至动态世界。

该功能目前仍处于Beta或分阶段开放状态,主要面向创作者社区测试。Roblox方面认为,AI驱动的创作工具将重塑UGC游戏的生产方式,并进一步扩大平台内容供给与生态规模。 

诺诚评论:

Roblox 此次推出AI生成互动内容工具,标志着UGC平台正式进入“AI原生内容生产”阶段,其影响远不止于技术升级。

首先,在知识产权层面,AI生成的互动物品及未来“完整场景”的权属归属,将成为平台、创作者与模型训练数据权利人之间的核心问题。同时,平台若允许玩家直接商用或交易AI生成内容,需在用户协议中对权利归属、授权范围及侵权责任作出更为明确的分配。

其次,在合规与内容治理层面,当AI能够生成具备行为逻辑的游戏对象甚至场景时,其潜在风险不再仅是“画面或文本违规”,而可能涉及玩法诱导、虚拟财产机制、博彩或未成年人保护等更复杂问题。对出海游戏企业而言,这意味着需要提前将AI生成内容纳入现有的内容审核、风控与合规模型之中。

分享文章

相关文章

General

How to Build Official Game Payment Systems in a Compliant Manner (Part II): Overseas

游戏官方支付如何合规搭建(二)海外篇

Against the backdrop of a global economic slowdown and evolving regulatory scrutiny over major app distribution platforms, an increasing number of overseas-oriented game companies are exploring the establishment of official website top-up platforms to reduce reliance on channel commissions. Building on the prior discussion of platform policies regarding payment redirection and third-party payment access, this article reviews practical cases of official website payment models adopted by several game companies, including their login mechanisms, purchasable content, regional availability, and qualification disclosures. Based on these practices, it outlines compliance considerations that overseas game companies should focus on when constructing official website payment systems, particularly in relation to account management, price display, promotional methods, and refund policy design across different jurisdictions.

6 views
General

EU’s DMA Enforcement Push: Apple and Epic Games Reach Temporary Truce

欧盟DMA强监管,苹果与Epic Games暂时握手言和

Since 2020, Apple and Epic Games have been locked in a global antitrust dispute over App Store policies. While Epic lost its U.S. lawsuit, it continued its resistance through noncompliance, resulting in a developer account ban. However, the dynamics shifted with the EU Digital Markets Act (DMA) coming into force on March 6, 2024. Epic reported that Apple, under pressure from the European Commission, agreed to reinstate its developer account in the EU. The DMA’s provisions, especially Article 5(3) and Article 6(4), require gatekeepers like Apple to allow third-party app stores and payment systems on iOS. Apple’s attempt to ban Epic amid DMA implementation triggered regulatory attention, leading to rapid Commission intervention. This incident not only highlights the DMA’s enforcement teeth but also signals a broader shift in platform governance within the EU. For global developers and digital exporters, especially those dependent on app store distribution, DMA compliance represents a strategic inflection point. Non-compliance risks include fines of up to 10–20% of global turnover, exemplified by the €1.84 billion fine Apple recently faced. As more third-party app stores (e.g., Mobivention, MacPaw) emerge, the EU’s digital market is poised for structural transformation.

5 views
General

TikTok’s Pop-up Pushback: A Comparative View of U.S. and Chinese Regulatory Approaches

TikTok弹窗自救,中美合规的不同视角

On March 5, 2024, 19 U.S. House Representatives introduced a bill requiring ByteDance to divest TikTok’s control within 165 days or face a nationwide ban. In response, TikTok launched two in-app pop-up campaigns urging its 170 million U.S. users to call lawmakers and oppose the bill, framing it as a violation of free expression and creative rights. While such grassroots mobilization is legally permissible under U.S. lobbying norms, it raised concerns over foreign influence, youth mobilization, and potential harm. In contrast, such conduct in China would likely trigger regulatory sanctions under the Cyber Information Governance Provisions, the Cybersecurity Law, and minor protection laws, due to the pop-up’s political nature and its placement in sensitive UI zones. This article analyzes the legal foundations of both jurisdictions, the legal and social risks of mass mobilization via platform push notifications, and concludes that China’s top-down information governance structure leaves little room for such oppositional campaigns to emerge.

5 views