the butterfly project jewelry wholesale Regarding the stolen game, intellectual property protection and other issues, people who want to understand come in and answer ~

jewelry wholesale inc Online virtual property. There are no regular laws and regulations in our country. There is nothing to do with the stolen game account and intellectual property rights. After finding it more detailed to see it. .

With the rapid development of the online game industry, disputes about online virtual property have continued to emerge, and domestic and foreign cases of online virtual property have emerged endlessly. Regarding online virtual property, there is still no clear and uniform definition. In the current laws and regulations and administrative regulations such as the "Decision on Maintaining Internet Security" and "Regulations on the Security Protection of Computer Information Systems" that have been promulgated and implemented in my country, the protection of online virtual property is still blank. It is reported that South Korea stipulates that the virtual characters in online games and virtual items are independent of service providers and have property value. The nature of the online property is not essentially different from the money in the bank account. Relevant Taiwan departments in my country have also stipulated that the virtual property and accounts in online games belong to the "electromagnetic records" of the server. They can be regarded as "real estate" in fraud and theft. Essence In the online game, stealing other people's virtual property will be considered a crime, and it can be imprisoned for a maximum of less than 3 years.
If, the protection of the virtual property of our country
I Wu has been playing an online game for two years. Two months ago, he finally rose to a level 32 Taoist priest, which means that his role is high. Xiao Wu was really happy for a few days. But it didn't take long for Xiao Wu to find that the "robe" of the 32 -level Taoist priest disappeared, and the combat effectiveness was a great discount.
This that made Xiao Wu distressed that this 32 -level Taoist priest not only spent a lot of time, but also spent a lot of money for this. To calculate the cost of buying a game card and online fee, it takes more than 1,000 yuan to rise to this 32 -level Taoist priest. Xiao Wu found a game operator to investigate. The response was to report to the public security organs first, but the public security department refused to accept it on the grounds that he could not find the legal basis. The existing laws in my country, such as the General Principles of the Civil Law and the Protection of Consumer Rights, have not clearly stipulated the protection of online virtual property. A young man in Sichuan used high -tech software to steal the ID number of more than 100 "Legend" games on the Internet, and hung the virtual equipment on the number on the Internet for cash transactions. On the street police station, the police officer only conducted severe criticism and education on the man. Three men in Wuhan sold "weapons" online and received 3,000 yuan "money" from the other party's "sent". Unexpectedly, the "money" had been stolen. They suspected that they were stolen by the two men who replaced them, asking the other party to pay "money", and they called the police after being rejected. The police said that the virtual "money" in online games cannot be equivalent to real money and is not protected by law. Then, such a "theft case" refuses to file a case.
In my country, the virtual property on the Internet has not been effectively protected. The reason is that the current laws include the Constitution and the Civil Law Pass. The legitimacy of virtual property is not clearly stipulated. In the Consumer Rights Protection Law, netizens' rights to virtual property do not belong to any of the existing consumer rights. Therefore, many players have complained about complaints after losing their property. Therefore, in order to protect the legitimate interests of online players, promote the healthy development of the network industry, and accelerate the solution to the "key issues such as the identification of the legitimacy of the network virtual property and the formulation of related laws and regulations to protect the relevant laws and regulations of the protection of network virtual property". "
In this shows that my country does not have specific laws and regulations to protect online virtual property. In real life, disputes about online virtual property have increased and a series of malignant cases have occurred. The "cave bridge" in the Internet urgently needs to be "leaked".
. The scope, characteristics and property attributes of virtual property
The network virtual space contains a variety of virtual property. Weapons, armored, pharmaceuticals, etc.) 4. Virtual animals and plants 5. Virtual ID accounts and character attributes, etc., I believe that with the development of the network industry and the increasing increase in network virtual property disputes, various forms of disputes in various forms of disputes It is constantly appearing that online virtual property is no longer completely "virtual", and the violation of virtual property has broken through the virtual space and transitions to the real space. It has a certain realistic virtual property not only virtual or independent existence in virtual society, but gradually establishing a corresponding or conversion relationship with the real property of the real society. Therefore, virtual property already has the value of real property in real society. It should be protected by the law, but it is just a different provision in the way of protection and means. Network virtual property develops with the development of the Internet. It has the following characteristics:
1, intangible (objective), virtual property is essentially a set of digital information stored on the server, related Taiwan related to Taiwan, related to Taiwan’s related Taiwan The legislation is called "electromagnetic record", which is stored on the game server in the form of electromagnetic records.
2, transferable, virtual property can be transferred between players and game service providers through the way of buying and selling. R n3, valuable, network virtual property is also valuable, the value of network virtual property includes the use value and exchange value. 4. Time limit, network virtual property exists only in the game operation stage. Once the game stops operation, the virtual property will disappear, so it has obvious time limit.
5, attachment, virtual property exists based on a specific virtual community space, and exists based on specific online games.
The words in the concept that the word "virtual" in the concept does not mean that the value of this property is illusory, nor does it mean that the legal nature of such property is illusory, but to be with traditional property with traditional property The form provides appropriate distinction, indicating that virtual property exists due to network virtual space. There is a huge difference in the value sources of virtual property and traditional property property, existing in different forms of areas.
The transaction of virtual items directly shows the value of virtual items in the real world. We should recognize the value of virtual property and protect it.
The definition of property and its characteristics has always been controversial, but it can be generally attributed to the following features:
1. The property can be physical or bodyless.
2, property is not limited to absolute rights, and can include various rights and interests.
3, as a interest of economic value, property can be diverse, that is, it may be the inaccessible interests that the right holder can directly enjoy, or it may be the benefit that the right holder can transfer.
It we can see that the core of the property is its value attribute. At the same time, we advocate that virtual property is valuable, so virtual property also has property attributes. The reason why property has property attributes is due to:
. Virtual property is valuable. Virtual equipment, a certain level of account, and other virtual property are valuable in the online world, which can meet the development of virtual people in virtual space in the virtual space. At the same time, obtaining these property also requires a certain amount of labor (usually obtained by doing tasks to do monsters).进行 Virtual property can be traded. The law does not prohibit the sale of virtual property. It is very common to conduct online property transactions in real life. Major websites also have special columns for online transactions.
It, the form of virtual property disputes
1. Disputes caused by the loss of game data to virtual property.
2. Due to the use of plug -in accounts to be blocked, it is caused by virtual property disputes between players and game operators.
3. Disputes between players due to fraud in virtual items trading.
4. Disputes on virtual property caused by operators stop operation.
5. Disputes between players and thefts caused by virtual property, between players and operators.
3. Regarding the urgency and necessity of legislative protection of virtual property
since the "first case of Chinese online game" in 2003 -Li Hongchen's sue of the Arctic Ice Case, caused by the Dispute of online game disputes Continuous litigation. However, the laws of my country's laws and even the laws of various countries are relatively lagging. Both the academic and physical laws have revealed huge gaps in online game property. The issue of online game property needs to be discussed urgently; relevant laws and regulations on protecting the virtual property of online games are also urgently needed. On December 25, 2003, a "Proposition of Legislative Propaganda for Protecting the Network Virtual Property", together with the joint signature of 19 lawyers, sent from Chengdu to the National People's Congress Legal Committee through the postal express delivery. The Suggestion proposes to formulate a "Regulations on the Protection of Network Virtual Property". It is reported that the person in the legal profession jointly called for the protection of online virtual property, which is the first case in the country. The Suggestion believes that the current annual income of online games in China has reached 1 billion yuan, and it has formed a huge industry with tens of millions of consumers. At the same time, the network virtual property itself has the value of the value, which has the attributes of general commodities, and "should be protected by legislation."
The phenomena in the virtual property, including virtual property, should be regulated and protected by the legislature as soon as possible. In order to maintain network order, the operators of online games should also consciously regulate their behavior and safeguard the legitimate rights and interests of online users. This equity includes not only material interests, but also mental interests.
Is have previous cases that players have lost due to the loss of virtual property and the operator will be finally compensated. The judicial interpretation of the judicial interpretation of appropriate evaluation and relief, but my country's current law only recognizes the legitimate income, savings, houses and other legitimate property of citizens, and does not make clear regulations on the legitimacy of online virtual property. It will continue for a long time. Article 13 of my country's "Constitution" stipulates: "Citizens 'legitimate private property is not violated. The state protects citizens' right to private property and inheritance in accordance with the law." Including the legal income of citizens, houses, savings, daily necessities, cultural relics, library materials, forests, livestock, and laws allow citizens to produce all production materials and other legal property. Citizens' legal property is protected by law, and any organization or individual occupation is prohibited. Selands, destruction or illegal seizure, seizure, freezing, and confiscation. "Article 2 of the Criminal Law stipulates:" The task of the Criminal Law of the People's Republic of China is to fight the same criminal act of punishment to defend national security, defend the people's democratic dictatorship The government and socialist system, protect the collective property of state -owned property and labor, protect all the property of citizens, protect the personal rights, democratic rights and other rights of citizens, safeguard social order and economic order, and ensure the smoothness of socialist construction. It can be seen from the above legal provisions that in my country's legal system, the legal private property of citizens has been protected by law in both civil fields and criminal fields. After the "Constitution" was revised in 2004, the protection of the legal private property of citizens was clearly included in the Constitution, reflecting my country's increasing respect for citizens' private rights and the spirit of the rule of law in modern civilized society. Then, whether the network virtual property, as a special property right of users, can incorporate it into the extension of the concept of property in my country's legal system, determines whether the judicial department can directly apply my country's law to protect the Internet players' network increase increase At the same time, the incidents of "funeral Internet cafes" caused by online game disputes continue to "funeral Internet cafes". Attack power. After Qiu Wei lent his "Dragon Sword" to the game fans Zhu Xiaoyuan, Zhu sold to another netizen at the high price. In October 2004, Qiu Wei repeatedly asked Zhu to ask for money to sell money, and he stabbed Zhu Xiaoyuan with a sharp knife. He surrendered to the police that night. The author believes that a large part of the reason is that my country does not have relevant laws and regulations to clearly determine the virtual property, nor does it effectively protect the online virtual property, and there is an irresistible phenomenon in justice.
It, the author calls on the healthy development of my country's online game industry and accelerate the construction of related virtual property legal systems to protect the healthy development of the online game industry with Chinese characteristics and has become an important issue for the development of the online game industry.
. The value assessment of virtual property
The network virtual property only exists in a specific network environment, and its value is only meaningful to specific gamers, so it is very large in determining its value. Difficulty. At present, the price of virtual property is mainly determined through the following two methods: one is the self -determined price of game developers when selling virtual property, and the other is the private transaction price between players. However, there are certain problems with the standards for judging the value of virtual property. First of all, the game developer, as an enterprise operator, mainly considers the sales volume when formulating the price, so the price it formulated cannot be used as the establishment of the value of the value of virtual property. Secondly, players are affected by various factors such as virtual property in private transactions, and have the characteristics of disorder and instability. The private transactions between players are generated by private transactions. There is no price supervision and guidance of the relevant authority of the relevant authorities. It has great randomness, so it is also a problem as a standard.
The determination of the value of virtual property I suggest that the following methods should be adopted:
1. Leveraged by the Ministry of Information Industry in my country to form an institution that is jointly participated by relevant administrative departments, game developers, game masters and other participants , Formulate a system of identification and evaluation of virtual property.
2. Calculate the value of virtual property through calculating the necessary labor time of society. The obtained of virtual property must be obtained by players through a certain amount of labor. Human labor in the network virtual property must be condensed. Calculate the necessary labor time of virtual property to determine its value.
3. Calculate the value of specific virtual property based on the cost of the player's input, of which players must show a legal and convincing proof.
4. Since most virtual property does not directly reflect the real value, the value of the virtual property in different games should be closely related to the nature, operating conditions, and operating costs of the operator, so it is necessary to need After the analysis of the value of various factors, the value of virtual property is determined. "The author believes that the assessment of the value of network virtual property should be performed by professional institutions independent of service providers and users outside the market. Fifth, the division and confirmation of the virtual property entity (the belonging of virtual property)
The question of who is the main body of the network virtual property is also one of the key questions that need to be solved. There are two types of answers to this question. There is a very different point of view: There is a view that virtual property is obtained by players in the game. The game software and programs are protected by the copyright law. Therefore, the ownership of the online virtual property is the game developer, and the player has only the value of the online virtual property represented by the online game service contract itself. Its ownership belongs to the operator, and the player only enjoys the right to use.
. Another point of view believes that the subject of virtual property should be gamers. There are two ways to obtain online virtual property: one is that it can be through personal labor. Virtual property, experience, etc. are obtained by the player through their own efforts, and the operator just stores these data. It is obtained through the upgrade of players in the game; players need to pay a lot of time and energy in the process, and they are accompanied by a lot of large amounts The cost of buying game equipment; the other is that the player is purchased directly from the game operator, or from the virtual "currency" trading mall and private transaction. Therefore, the ownership of the virtual property is the player, and the ownership of these virtual property belongs to the player
This believes that although virtual property is an "electromagnetic record" server that produces in a specific game operator, it can usually only be stored on this specific server, but the generation and changes of virtual property cannot be used. Control, but the result of the player's specific behavior when receiving the operator's service, the types and quantities of the specific virtual characters and property depends entirely on the player's own activities. The operator only provides services during the game period and corresponding custody. From this perspective, the ownership of the virtual property should be attached to the player.
The author also believes that when a online game is developed, the game developer has intellectual property rights to the entire system, but once the game is put into operation, the player will play the player. You can obtain the ownership of the virtual property in the game through participating in the game or in other ways. At this time, the virtual characters and virtual items in online games have property value independent of the service provider, and the operator only saves these data on the server, and and it is There is no right to arbitrarily modify. This requirement is also conducive to ensuring the stability of the game, standardizing the behavior of operators, and protecting the legitimate rights and interests of the player.
. N In the existing network property disputes, there is generally the current situation of obtaining evidence in the network. What is highlighted is the issue of proof liability for both parties. In online games, players are consumers. For service providers, players are weak. In the online game contract, service providers not only have economic and technical advantages, but also play a role in controlling the overall situation in the maintenance operation of the game. In actual life, once the player has lost the loss of network virtual property, because of the weakness of technical and experience, the player cannot judge whether the loss of their network virtual property is because of the third party infringement outside the service provider or because of the service provider's In the negligence operation, players cannot judge whether the infringement of their own interests is caused by the default of the service provider or the infringement of a third party. At this time, players often invest in the service providers. At this time, according to the principles of fairness, the advantages of service providers based on technology, manpower, financial resources, and game operation control shall bear the responsibility for proof that they do not exist in their own game maintenance and management fault. Factoring, to bear the consequences of losing the lawsuit. On the contrary, if the service provider can prove that there is no fault or a intentional or significant fault in the existence of the user, it should be exempted accordingly. In this case, the service provider assumes a responsibility similar to "fault prefix". At the same time, for users, it is also necessary for the legitimacy of its own creditor's rights and the fact that the claims are infringed. With regard to the general liability of proof, service providers should also provide necessary assistance and cooperation. Usually, players must face two basic proof obligations before firing a lawsuit: First, is the ID in the network and the same person in reality? Second, the equipment, grades, degree, and so on. Is the information really existed?
The confirmation problem of the first subject identity is easier to solve. Because when general players join a certain online game, they will have the corresponding user name and password, and this username and password are non -public. When registering, you need to fill in the corresponding information that can confirm your true identity, such The mailbox address and other information, and these information online game operators generally keep it properly, and it is not easy to lose.
is relatively difficult to proof of the authenticity of the second information. Because players are recorded on the server of the game operator during the game, they are not stored. At present, all related game operators in my country will not regularly save players' game historical data, and they rarely help players to reproduce game data. Because of this, it is difficult for players in a large number of online game disputes to coordinate the dispute with the game operation company. Often, when the negotiation is unsuccessful, the player will tell the game operator to court. The author believes that from a technical point of view, game operators have the ability to assist players to save historical data to prevent data loss; from a legal point of view, game operators also have obliged to preserve historical data due to the fees of collecting players to prevent data loss and reproduce data. Game data. Therefore, the author recommends that in the future, it should be regulated by formulating a certain game rules and clarify the legal obligations that online game operators should bear. The author believes that: (1) For lawsuits involving virtual matter, the service provider shall cooperate with the court's evidence collection work and provide relevant electromagnetic record data; (3) Players who prosecuted the service provider's infringement lawsuit caused by the loss of virtual matter, and the service provider assumed the responsibility for proof for the legitimacy of the behavior of the loss of virtual objects.
If, the responsibility and obligation of the game operator to terminate the game
The process of development, and perishage of any thing. It is undeniable that the online game industry is still in the early stage of development. At the stage, it can even be said that the online game industry is still in its infancy. However, in order to better safeguard the interests of the majority of players and promote the healthy development of the game industry in my country, the author thinks it is very important for game operators to terminate the responsibility and obligation of game operation.
The common approach to the end of the game is that before the game ended, the operator provided several free game time to all players. This unified solution does not reflect the operator's liability for the individual of the player, but it only starts from the operator's own interests, saving the operator's time and money. More importantly, the free game period only provides players with the possibility of compensation for the game services during the prepaid period, and there is no real compensation, and the economic losses of the player due to the loss of virtual property are even more than make up for it. This approach obviously damages the legitimate rights and interests of gamers. With the continuous occurrence of events such as online game operations and termination, the behavior of online game operations is regulated to ensure that the legitimate rights and interests of players have indeed become a problem that the legislative community needs to be resolved. The author believes that:
(1) The deadline of online game products determines the termability of the virtual property of the online. When the contract is unsurprising or unknown, once the service provider decides to terminate the operation of the game, then it needs to be based on honesty according to honesty. The principle of credit shall notify users in advance, otherwise the service provider shall bear the responsibility for breach of contract with the user. In this case, the service provider shall compensate the user's loss of direct creditor's rights due to the termination of the contract. The value of the value of the virtual property of the online virtual property should be calculated as the standard when the user's interest is infringed, although it may be difficult to grasp the measurement, although it may be difficult to grasp the measurement. However, it cannot be compensated for this reason.
(2) Network operators must make a reasonable and legal explanation of the reason for the end of the game, and the relevant departments can also intervene in the investigation according to the specific situation.
(3) Establish a related value evaluation department to determine the loss caused by the end of the game operation, and at the same time urge the game operator to compensate the player's losses.
(4) The game operator can develop other games at the same time to transfer all the information of the players who are about to terminate the game under the principle of voluntary and fair.
. The eighth, conclusion
The rapid development of the online game industry, urgently requires in -depth research on relevant legal issues of online virtual property. The realization of any rights is inseparable from the protection and relief of the law, that is, the right can be realized only by the occurrence of the law and sanctioning the right to infringe rights. In order to reduce the occurrence of private relief incidents, it is extremely necessary to incorporate the act of violating virtual property into the legal adjustment. It is imperative to formulate the law to protect virtual property. We can see that China's online game market is rapidly expanding. The contradiction between a series of legal issues brought about by the expanding game industry and the lag of legislation has been more obvious in the field of online game industry. Only by accelerating the legislative pace of laws and regulations related to online virtual property, and being aware of the unity and active guidance in judicially, can we comprehensively and effectively adjust the special legal relationship of the network virtual property, so that the online game industry in the socialist rule of law in the socialist rule of law Realize stable, healthy and orderly development within the track. Just as online games require game rules, the interests between the two major groups of service providers and players (users) also require rules. It is believed that in the near future, the more comprehensive laws and regulations related to the new thing of the online virtual property will definitely emerge. Long -term development.

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