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Network Gme Vrtual Fnancial Dspute Poblem Rsearch

Posted on:2012-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiaoFull Text:PDF
GTID:2246330395464607Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Network virtual property is a permanent presence in the network, and the exclusive possession, but others can contact data coding, virtual sex is its essential characteristic, simultaneously has the value, scarcity and the characteristics of a property.Since the first case since the network virtual property, virtual property of network trials highlight some controversial issues, including how to determine the dispute that subject; network game operators and the game relationship between users is what nature, game users and the network game operator of network virtual property rights nature, as well as the game user and network game operators which have respective rights and obligations; network virtual property infringement liability to determine, including how to determine whether the virtual property value and compensation for spiritual damage; and the virtual property in the network can be applied to the system of bona fide acquisition.Network virtual property and virtual property and network information with the real information inconsistency is the subject qualification of doubt reason, therefore the determination of main body qualification, currently available from the real world network world ID account and password as proof of plaintiff qualification of the direct evidence; in the long run, the practical implementation of the network real-name system can cure.Network game gaming operators and users is a kind of contractual relationship, in the network virtual property above right is the real right, the network game operator in the game operation right when the game network virtual property rights, once users in the Games sports or acquired by purchase or the network virtual property, virtual property in the network the game all of a user, at this time, the network game operator is saved by. According to the network game gaming operators and users between the rights and obligations unless the contract stipulated, online game operators also bears the obligation of safety guarantee, information preservation and assist in the investigation of obligation.At present, the network virtual property cases in liability of network virtual property value that is difficult to unified standard calculation, only on a case by case basis, considering the game user access to the virtual property cost, time, the network virtual property in the real price of the deal, the game operator on the network virtual property price and other factors to determine the. General network virtual property cases not included in the scope of compensation for spiritual damages, only when the case involves the infringement of personal right, to give spiritual damage compensation.Network virtual property and can be applied to the system of bona fide acquisition, as long as the bona fide acquisition conditions, namely the unauthorized disposition, the buyer is bona fide and pay a reasonable price, the network virtual property has completed the public, namely the network virtual property into buyer’s account within memory. If the game users because of bona fide acquisition and access to the network virtual property, then the original may not be the right person to new people the right to demand the return of, the network game operator does not have to freeze, the collection of the network virtual property. The rights of indigenous people only to claim compensation of unauthorized disposition.
Keywords/Search Tags:Network virtual property, Acquisition in good faith, Value identification, Main body qualification, Spiritual damage
PDF Full Text Request
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