Research On Issues Of Digital Heritage

With the popular development of internet technology, the amounts of digital information increase tremendously, most of which show expressly their monetary value. QQ, E-mail, Wechat, blogs online shopping, online games and other network information continue to emerge, and some of the above are transferred directly from cash transaction, while the others are built up by people who have applied themselves assiduously to such virtual creation. Nowadays more and more people realize the significance of digital asset, and wish such digital information could be passed down to its inheritors at the moment of their death.However, owing to the insufficiency of applied law, as well as the unfair terms within the internet service agreement, the inheritance of digital asset undertakes an arduous journey in practice. The lack of definition and classification of digital information leads to discrepancy regarding the nature of right of digital heritage. Furthermore, The interests of users were infringed, but there is no explicit guidance for judges to deal with cases in certain circumstances, and therefore justice can hardly be done between internet providers and customers.In order to deal with disputes on digital heritance, figuring out effective ways to help parties without certain rules from legislations, this article will firstly analyze several features and various classifications of digital heritage, comparing the distinctions among related concepts, and finally determine the definition of digital heritance. Next, the article will discuss digital asset on a property basis, and further conclude the reasons that constitute the foundation of heritance of digital asset.Moreover, by discussing the nature of right upon different digital heritages in theory, where four opinions on digital heritages prevail, the writer will indicate different legal relationship existing in different digital heritages. Through analyzing the obstacles in digital heritages, the writer will illustrate the urgent need of building up digital inheritance system, and then point out several issues on Chinese relative legislation, such as the problems of internet service agreement, the internet privacy protection and the procedure of digital heritance.Finally, in the light of the foreign relevant legislation and practice, this article will put forward suggestions and solutions on above issues of digital heritage with cases study in a logical way.