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The Nature And Protection Of Virtual Property

Posted on:2009-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhangFull Text:PDF
GTID:2166360272971728Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Richard a. Bartle wrote meaningful words in the end of the article "pitfalls of virtual property" in 2004 years : the greatest disadvantage of virtual property on internet is its uncertainty for its law status. As the information industry develops so fast in our country, the internet searchers have already bypassed America by the amount 2.53 billion and become the first in the world in June 2008. At the same time, the internet technology and internet games develop very fast. But the accordingly lawmaking lags behind this. So such kind of virtual property on internet met across many disputes and law problems. In order to solve this problem, the most important is to definite the virtual property on internet. For the essence of virtual property on internet, there are three kind of opinions which indicate that the virtual property on internet is material rights or creditors' rights or intellectual property rights. This article indicates that after the publishment of material right law, virtual property on internet should be adjusted in the field of material definition in civil law. After the definition of virtual property on internet, based on the characteristic of material definition in civil law, we can conclude the belonging problem for virtual property on internet. After that, the virtual property on internet will meet across other problems, such as the owner's rights is challenged, how to make a price and how to make a deal. This article will discuss these problems in the field of academic distinctions . The virtual property on internet also face the problem of protection. After its definition, it can be protected in the field of civil law and criminal law. Besides the introduction, there are 5 parts for this article.The first part will introduce the definition and characteristic for virtual property on internet.The second part will introduce the essence and belonging for virtual property on internet. In the part of essence, we will compare different sayings which includes material rights, creditors' rights and intellectual property rights. And then we will come to a conclusion. The belonging for virtual property on internet is after the essence part. We will judge whether it will belong to publishers or internet searchers.The third part will briefly introduces the actual disputes for virtual property on internet, and then we come to the conception, characteristic and extension for virtual property on internet. And will provide some considerations on how to solve the problems, including how to make a deal, the definition and compensation problems when the virtual property on internet is impinged and whether the publisher has the rights to publish suppositional money.The forth part will deal with the protection for virtual property on internet, which includes several methods in civil law and the protection in criminal law.The last part is closing remarks.
Keywords/Search Tags:Virtual property, Prospective property Rights, Technology Law
PDF Full Text Request
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