On Legal Protection Of Network Virtual Property

Net game is one of the results from the deeply development of the internet and is popular in the world wide. As introduced by the insider, the net game may be the only one chance to gain the profit within IT industry. Up to 2003, in China, the revenue of the net game have exceeded RMB 2 billion and the users have exceeded 20 million. Furthermore, the annual revenue of the whole net game has gone to around RMB 5 billion. However, kinds of legal problems have arisen from the improvement of the net game. Especially, the problems with respect to the virtual properties on the internet became key issues and the disputes such as the lost of the virtual properties and the transaction of virtual properties take place frequently. Meanwhile, the liabilities of operators in the disputes of virtual properties, the ownership of the virtual properties and the protection of users' rights as well as have been difficult to be solved due to the uncertainty of the legal attribute of the virtual properties, and, it is also hard for the users to obtain the appropriate legal relieve after their interests are infringed. There are several cases which are hard to be judged due to the lack of the same understanding on certain basic legal problems. Such state of affairs has absorbed the attention of many overseas and domestic scholars and there are several discussion on the legal problems regarding the net virtual properties. As to the civil law, the current study focuses on, first, the legal attribute of the net virtual properties and, further, the way to regulate and protect the net virtual properties. Certainly, such study method is necessary and the research results and academic debate shall be recognized. The reason is that, as one new affair, the net virtual properties has affected the true life and there exits value in the virtual properties. Since there is no clear law and regulation on the attribute of the virtual properties and its relevant rights and obligations, using legal theories to analyze, argue and determine the attribute of the virtual properties benefits to solve such disputes and to form the stable foundation for the legal protection on the virtual properties. However, on one hand, there are many different understanding in the legal theory field and no standard conclusion is accepted, and, on the other hand, there are several different civil cases with respect to net virtual properties which started judicial procedures. Under such circumstances, how should the courts judge such cases? There are little studying and article which discussed such question and this article tries to answer this question from the judicial practical point of view. First, current results in the theory field will be referred to analyze the characteristic, conformation and nature of the net virtual properties and, then, make the initial conclusion on the legal attribute of the virtual properties. The reason to say such conclusion is initial is that considering the particularity and novelty of net virtual properties, using traditional legal theories to determine the legal attribute of the virtual properties will lead to various problems and go against the deep discussion on the judicial practice level. Second, this article will induce and classify all existing and potential civil disputes with respect to the net virtual properties and think about the disputes regarding the net virtual properties as a whole picture from the judicial procedures point of view. Naturally, the basis of such consideration still has limitation and the reasons are that there are different understanding on the legal attribute of the net virtual properties in the theory field and the similar cases in the practice have been changing continually. Last, this article will make the detailed and deep analysis and statement on legal obstacles and problems will be faced after the disputes of net virtual properties start the judicial procedures and propose several initial solution and try to seek for one practical judge way under the circumstances of the lack of theory and regulation. The author's idea is even though there are not lots of civil disputes of virtual assets start the judicial procedures, it is necessary to discuss such problem and to find on solution to solve such disputes fairly under the existing laws and regulations to push the industry developing smoothly. Meanwhile, "experience is best teacher". The author believes that the discussion on the net virtual properties from the judicial practice level will contribute the development of the traditional theories on the property right, debt right and intellectual property right in the internet age. Space and capability are limited and the discussion of this article mainly focuses on one usual kind of disputes of the net virtual property, i.e. the civil dispute between players and operator of the net game arising from the lost of virtual properties.