Research On The Legal Nature Of Virtual Property Of Online Games

With the rapid development of the global Internet industry,the network game service industry is also developing rapidly;At the same time,it also brings many legal problems,such as the nature of online game virtual property and the standard of format contract.All these problems need to be standardized by law.However,there are still many differences between the theoretical and judicial circles on many concepts of virtual property of online games.In the first part,the representative case is briefly described.It is pointed out that due to the uncertainty of virtual property of online games,the rights and interests of users are hard to be guaranteed.And through this case,the case and the focus of the forensic academia about the virtual property dispute on online games-what are the legal attributes of the virtual property of the online game?The second part of the article briefly describes the main theories of the legal property of the virtual property of the online game and gives a certain evaluation.The nature of virtual property of online games is uncertain,resulting in no legal basis for online game players to prosecute.It is also the reason that most online game players lose their lawsuit;And the current network games have developed unprecedentedly,and there are more and more cases of network game infringement,so the qualitative of virtual property of the network game should be clear.The third part of the article is the key point.From the relative value of the virtual property of the network game,the author tries to construct the real world and the virtual world of the network game in two different worlds.There are two forms of virtual property in the network game,the legal property of the virtual property of the network game in the virtual world and the virtual game of the network game.The legal attributes of property in the real world are different;At the same time,the law of marginal analysis in economics is used to determine the nature of the contract concluded by players and operators,and then try to determine the legal properties of the virtual property of the online game.That is,the author thinks that the virtual property in the online game is the electromagnetic data in the real world,and its value is the social necessary labor time for programmers to program these data.In the real world,the ownership of these electromagnetic data,that is,the corresponding "virtual property of the network game" belongs to the operator or the developer.The virtual property in the virtual world is a virtual world,such as "slaughter dragon knife","pet" and so on,and its legal attribute in the virtual world is "the real right in the virtual world".Its value is the necessary labor time in the virtual world to obtain the virtual goods.In the virtual world,its ownership belongs to the player.The fourth part of the article,from the author's point of view,makes clear that the virtual property of the network game is "real right" in the virtual world.Other players,"SHUILIU0011" in the "Red Moon case",steal Li Hongchen's virtual goods by means of technical means.It should be identified as theft,the public security organ arrested the theft and returned the theft by Li Hongchen to the thief.The thief brings up the civil compensation.At the same time,he expects to solve the disputes caused by the virtual property of the online game by the author's view.