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Legal Protection Of Virtual Property

Posted on:2006-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:C CengFull Text:PDF
GTID:2206360152485882Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In recent years, the dissension of virtual property in the networkgame is numerous, causing the concern and research by the sociologist,and the legist. The network game creates the huge market for the networkeconomy; promote the development of some industries such ascorrespondence, IT and etc. At the same time, the network game companyand some other players usually aggrieved the benefit of the players. Theplayers cannot protect their property by themselves, because there are norules to comply with. This disadvantage will break the game rules of thevirtual world. Therefore, it's important to protect the players' right bylawmaking. Network virtual property refers to a new type of property whichexists in the network space, isolated from the real world,and can bemeasured by the present measurement units. It's saved with the form ofelectromagnetism record by the game company, and include the virtualperson's account, money, arming, clothes, pet, treasure and so on. Thevirtual property has the use and values, and can be exchange as themerchandise. Its amount is finite. As a result, we can say virtual propertybelongs to the traditional property. The virtual property must depend onthe network game environment, without the physics appearance, so it is akind of the invisible property. As invisible property, the law of propertycan protect visual property. In fact, the virtual property of network gamesis created and achieved by players' individual labor, payment of realproperty, market transaction, etc. It is a kind of invisible property for itsbasis attribute of property such as effectiveness and exchangeable feature.Hence it should be legally protected. Admitting the property attribute ofthe visual property of network games will help to protect the legalinterests of the network games users and put forward the healthydevelopment of the network games economy. Despite the fact that network virtual property possesses particularattributes that differentiate it with traditional properties, it is neverthelessa kind of property, and therefore should be regulated by the law ofproperty. With respect to the allotment of the right,the network virtualproperty ought to be possessed,used, profited and disposed of byspecified owners. The author notes that there is so far no specificprovisions regulating this newly emerged property. It is thereforesuggested that this kind of property be included in the future Chinese Lawof Property so as to establish and improve the property and its protection.It is further proposed that network virtual property be classified as asubject of real right,that is to say, it possesses the same attributes as otherproperties. And meanwhile, some necessary rules regulating the networkvirtual property should also be set up. The protection of the virtual property includes the protection of thetechnique and the protection of the laws. The technique instrumentalityneeds to build up the network real enrollment system and the digital proofsystems. In the legal system, we should set up an independent law todistribute the right and obligation between the game company and theplayers. In this law should include the rules of criminal law,administrative law and civil law.
Keywords/Search Tags:virtual property, invisible property, legal protection
PDF Full Text Request
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