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Definition Of Virtual Property In Online Games And Its Civil Law Protection

Posted on:2009-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiFull Text:PDF
GTID:2166360278458536Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The network virtual property is the outcome of the speedy development in network game industry. It has the general characteristics of property, and it has own characteristics which is different from the general characteristics of property. Along with the development of the internet economy, the disputes that are caused from the network game will be more and more. And the most of this kind of disputes are surrounding the" network virtual property ". This dissertation has four Parts. It sets out form the porgressive entanglements, tries to analyze the significance of protecting the network virtual property's value orientation. Institutional design and ultimate objective from both theory and system layers, puts forward concrete methods and legislative design in order to find the most efective resolution in both theoretical and practical aspects.In the first part of this dissertation, it starts with the basic definition, concludes its essential charac- teristics, such as virtual quality, valuable quality and soon.In the second part, there are many disputes among scholars on the question of property attribute. On the question of property attribute, a majority of scholars hold affirmative opinions about the property attribute of network virtual property, only few scholars hold negative opinions. Through the analysis on the forming of property concept, the development of property form and the analysis of basal attribute of property , so network virtual property belongs to property, it should be protected by law.In the third part, it epmhasizes the research of the legal character of the virtual proerty. On the question of legal attribute, there are several options in cluding theory of intellectual property, theory of property right, theory of obligatory right. Though the analysis of above opinions, this dissertation points out that the essential attribute of network virtual property is quasi-real right.In the end, the paper suggests that certain laws should be made to protect the virtual property in online games. this dissertationa nalysis the network virtual property relationship between game consumers and game dealers and points out their legal relationship on property right and obligatory right based on network virtual property, then enumerates and analyzes the respective rights and duties of game consumers and game dealer. On the issue of the value of network virtual property, this dissertation claim that the determining of value of network virtual property should be based on adequate analysis of diversified cases, adequately consider officially fixed price of network games and the determinative fiction of network fictitious property dealing market, then this dissertation brings forward four fashions to determine value of network virtual property according to the attribute of issue.
Keywords/Search Tags:online games, virtual property, property right, obligatory right, intellectual property
PDF Full Text Request
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