Font Size: a A A

On Legal Nature Of Virtual Property And Ownership Rights

Posted on:2009-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:J QianFull Text:PDF
GTID:2206360248950899Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
On-line games are becoming more and more popular now days, which have brought great changes to people's life as well as a lot of burgeoning problems in law. Virtual property is one of the new problems that is not stated in law in our country. With the development of on-line games, the virtual articles and on-line game golds which game players earned in the game will be infringed by other people more and more easily in reality. People give their diffuse attention to the protection of Virtual property and it has become a foc us of discussion among the juris consults. The problems whether the virtual property belongs to actual possessions and who is the owner of it fazed the people investigated in theory and practice of law。I concluded the research achievements by others as well as contrasting the domestic legislative pattern with that overseas before giving my own opinions on the legal attributes and definition of Virtual property. I choose this subject because the legal attributes are the foundation of protecting the owner's profit, we can give the research after solving the problem. Only after it becomes to possessions with real value, our discussing the definition can carry out in handling the disputes.In part 1 I mainly talked about the differences between the conception and character of virtual property, which is the theoretical foundation and basis of the whole essay. I began from the basic meaning of virtual property from the derivation of the word and gave out the concept in the narrow and board sense. After general analysis, I gave out my own opinion: the concept in the board sense will be better matched with the virtual property in our actual life. (For the virtual property in the PC games is a representation in our everyday life and also causes a lot of dissensions, I use this as an example in this article for further discussion.) I concluded the characters of virtual property on the basis of this: Dummy, Objective, Limited and Valuable, which is the groundwork of the further argumentation.Part 2 and part 3 are the emphases of this article.Part 2 is mainly about solving two problems: whether virtual property belongs to personal possessions and what kind of possessions is virtual property pertained to. I gave out my idea that virtual property is a kind of possessions from both the obverse and reversed side. I rebutted the opinion that virtual property does not belong to personal belongings and gave the demonstration from the observe side in order to prove that virtual property is a exiguous, effective, valuable and can be circulated, which exactly tallied with the basic characteristic of possessions. So we have to treat it as legally protected personal belongings. In the next part I exerted myself in talking about the variety of virtual property in personal possessions. It is an arguable problem among the legal scholars and the most popular idea is theory of property right, theory of obligatory right and theory of intellectual property. I talked about the 3 ideas first and checked out that all the opinions have some kind of shortcomings: virtual property can not be attributed to any kind of traditional possessions in law. Although it has some similarity with the characteristics of property right, it cannot be totally brought in; it also has some similarity with the creditors in the contract but cannot be matched with the other regulations and principium in the law of contract; someone put it in the episteme property tight, virtual property will be totally divided and can't stop the arguments. So it is necessary to have a conclusion clearly that virtual property will be accepted as a new kind of personal possessions, which can match with the intrinsic law systems.In part 3, I gave out the conception of virtual property and discussed about the definition of it on the basis of above articles. The "definition" here includes two meanings: the principal part of virtual property and the obliged systematic definition. The tasty of this part is to make clear the principle part, the rights and the status of virtual property in the property right system. I talked about this problem form both the static and dynamic state, at the same time, I discussed from both sides. Firstly, I talked about the relationship of the web user and service provider, I checked the procreant process, changes and disappearance of virtual property in order to approve that the web user is the owner no matter where virtual property comes from---laboring or bargaining. Of curse there are some cases that the web service provider will change or clear virtual property away because of server formality changes or client program diversification, we can not take web service providers as the owner of the virtual property. I also checked the similarity and differences of the actual product definition and the definition of virtual property and gave the conclusion that they are different. Because this special definition is entirety different from the actual products and knowledge property right, I gave the conclusion that this definition is a new kind, which differ from all the other well-known property rights.In part 4,I propose the advice of the law-protection of virtual property. All the theories have to be the guidance of practice. As it is a kind of newly-born and self-governed kind of possessions, virtual property need to be adapted and protected by local law. I found there was almost no law actually about this problem in our social life and gave the examples in Korea and Taiwan China. Because the PC games have been very popular in the two places and they already started the discussion in theory as well as protection in actual life, they have more experience than other places. I gave my own suggestions on the lawmaking after the analysis before: we can enlarge the legal explanations and make the regulations in PC games in order to match with the local situation. In this way, we can handle the trouble cases now as well as leaving the spaces for further development. Putting the actual name system in practice and making it popularized, normalization of lawmaking in order to control the on-line and off-line virtual property business, improve the market stabilization, ensure the web users' property of virtual property and make a lawful agreement, only in this way, the profits of all the people can be protected well by our law, no matter web users or service providers.
Keywords/Search Tags:virtual property, legal attribute, virtual property right, definition of virtual property right, legal protection
PDF Full Text Request
Related items