Research On Legal Issues Of Online Games Virtual Property

Online games have developed rapidly since their emergence.The virtual property of online games,as a kind of companion product,has been widely concerned by all walks of life because of its wide range of implications.However,theoretical research has not paid enough attention to the protection of this new thing,and the legislative conditions are not yet mature enough.This directly causes the legal vacancy of virtual property protection of online games and the uncertainty of the judicial decision,and the rights of the victims cannot be effectively guaranteed.As a direct participant of online games,the author has profound personal experience.In this context,this paper makes full use of the research results of various theories and puts forward the author’s research opinions in order to further improve the theory of virtual property rights of online games.This paper is divided into four parts to analyze the legal problems of the virtual property of online games.The first part of this paper first analyzes the concept of the virtual property of online games,then,from the question of whether the virtual property of online games is property,combined with the traditional property attribute theory.It is concluded that the virtual property of online games has the basic attributes of value,legitimacy,disposability and transferability of traditional property,and it is proved that the virtual property of online games has property attribute and should be protected by law.Finally,through the analysis of the unique performance of the virtual property of online games and obtained in general property properties in addition to the virtual,technical restrictive,reproducible,limited,relative value of the unique attributes.In the second part of this paper,the property attribute conclusion of the first part of the study,further analysis of online game virtual property rights nature.The author analyzes the current mainstream views on virtual property real rights,creditor’s rights,new property rights,intellectual property rights,etc.in online games,and starts with the conflict between real rights and creditor’s rights.It is proposed that the virtual property of the network has the dual attributes of the object of property right and the object of creditor’s right.The third part of this paper focuses on the research on the ownership of virtual property of online games.The author analyzes the views of player ownership and operator ownership,refutes player ownership from the perspective of theory and practice,and draws the conclusion that online game virtual property ownership belongs to the operator.In the fourth part of this paper,the author analyzes and puts forward some suggestions on the two main controversial behaviors of removing player data and restricting player’s trade,whether the operator’s partial controversial approach limits the player’s virtual property rights.In author’s view,the legal protection of the virtual property of online games must have sufficient legal basis,which needs to clarify its legal attributes,explain legal relations,and solve legal problems.This is the intention of the author to choose this topic.