Study Of Civil Law Remedies On The Internet, Electronic Data Loss

This essay is focusing on the question that what kind of juridical remedies a Chinese judge could provide where a user's exclusive and un-copyable data lost in the Internet, especially that frequently happens to the Virtual Equipments in Cyber-Games. Considering the remedies rooting in the lawful rights, the data-user may firstly raise claim against the data-keeper by reason of default under the data saving-using contract, subject to the data-keeper may argue for a Technical Exemption under the theory of fault. Nevertheless, the data-saver should perform its obligations of assistance, and with such assistance for remedy, the data-user may seek remedy under tort law by the reason of the tort to contractual right, although neither the classical theory nor the legislation expressly recognizes the existence of the tort to contractual right under the theory of Privity of Contract. Further more, the essay analyzed that as a contractual right, the data-user's right to the electronic data, specifically to the top Virtual Equipments in Cyber-Games, is neither the property right as many people hold, nor the intellectual property right in someone's view. Moreover, the data-user may file a suit for the remedy under PRC tort law to the contractual right, whenever the intentional action of the third party causes the damage to the ascription of the contractual right.