On Civil Law Protection For Network Virtual Property

With the unceasing development of internet technology, network virtual property, as a newborn thing of the development of modern computer and network technology, has begun to relate itself to our real life. As more and more cases concerning network virtual property appear, legal protection is urgently needed.This article mainly discusses civil law protection for network virtual property.Chapter 1 makes a general overview of network virtual property, introduces its historical development, characteristics and varieties based on which a definition is made.Chapter 2 analyses the legal nature of network virtual property. First existing theoretical opinions are introduced:negative and positive, and positive opinion is composed of four main theories:real right, creditor's right, intellectual property and intangible property. Through analysis of the above theories and combined with characteristics of network virtual property, the legal nature of network virtual property is summarized as a kind of new property right with double attributes:real right and creditor's right.Chapter 3 discusses the civil law protection for network virtual property. Its necessity is discussed briefly in three aspects. Network service suppliers has the intellectual property to the games, websites and soft wares they developed, while these games, websites and soft wares are just carriers of intellectual property. It is contractual relationship between suppliers and customers and network virtual property is an evidence of the relationship, which may be protected by the theory of creditor's right. Network virtual property, with the attribute of real right, shall be brought into the protection scope of real right. Law protects rights in reality only and network virtual property is customers'right owned in reality; totally virtual rights and rights having nothing to do with reality shall not be brought into the protection scope of real right law.