The concept and characteristics of virtual property
(a) the concept of virtual property
About virtual property, the legal field of our country has not yet formed a unified definition.
The first view is that the virtual property refers to the virtual property of the network server in the virtual space for the use of the network user's magnetic recording.
The second view is that the virtual property refers to the virtual property of the network in the virtual environment to save the server by the game player data.
Third views are broad network property that the view that the virtual property not only includes the "net wealth", but also include the account number, game currency, etc..
The fourth view is that the property form, the view that the virtual property is the electronic data as the carrier of the property form, is a virtual space environment in the personal property.
(4) the fifth kind of view is narrow sense of network property, the view that virtual property refers to the property in the network game player's ID number and through purchase and the accumulation of equipment, pets, grade, monetary and other network ".
Fifthly, the author thinks that will define the virtual property into broad sense and narrow sense two kinds of accurate and comprehensive. The broad sense of the virtual property is refers to the presence of specific virtual space in the network the special attribute of the virtual property, including virtual items and currency and charges and fees are electronic mail and other; narrow sense of virtual property refers only to have the network virtual property from the real value of the transaction, such as the network game in the role of the game ID, game gold, virtual equipment such as.
As the virtual property disputes are mainly concentrated in the virtual property of the network game, this paper will analyze the legal attributes of virtual property in the network game.
(two) the characteristics of virtual property
Virtual property in the network game is the product of the information age, it is real in our world, it is the game players through their own efforts and money in exchange, but also can be used to trade, but it can not see. So it has different characteristics with traditional property.
1 virtual. Virtual property in the network virtual world according to the rules of the game, and the demise of the. Virtual property is reflected in its dependence on the virtual environment, which can not be separated from the network game. First of all, the virtual property is a kind of simulation of real estate, many of the virtual properties of online games are real estate in the network game in disguise. Secondly, the virtual goods in online games are a group of data from 0 and 1, the network virtual property is the external manifestation of data information. And finally, the virtual property is a kind of invisible data. Not only does not occupy outer space, but can not be touched, felt.
2 limitations. The limitation of virtual property is reflected in two aspects of space and time. In space, the value of virtual property exists in the virtual environment which is built by the operator. The game operators can update the appearance and function of the virtual property. The virtual property in a game is not valuable in other games and real life. In time, the game has its own operation cycle, when operators find players do not like to make ends meet in a game or game development companies, operators will end the game, so the network virtual property also will no longer exist, virtual property also lost value. Or players themselves to cancel the game ID, since then the virtual property will disappear, even after the players to re enter the game, the new game ID registration, before the virtual property will not automatically resume.
3 can be traded. The nature of the network virtual property can be transferred in the player and the player's transaction, also reflected in the player and game operators in the transaction. Players two two or a few people through the exchange of related virtual property or cash transactions and other ways to trade. Frequent this trade has prompted many sites to open trade zones, to provide players with a more reasonable transfer price and more secure trading platform. Seventhly, between the game operators and players, the game operators to provide game cards, in order to sell the way to get money in return, also purchase Dianka audience, access to the network game of the authority and play time, in the process of playing the game get network virtual property.
Two, the legal nature of virtual property disputes
(a) object classification of civil legal relations
The object of civil legal relationship includes the object, the action, the intellectual property, the personal interest and the negotiable property right. Material is a material entity or natural force that can satisfy people's needs and be able to be controlled or controlled. Although the physical properties of the civil law, but the physical meaning of the material is different, the requirements are dominant, existence and effectiveness. Material in civil law has an important significance, most of the civil law relations and objects are closely linked to the object, such as ownership, property rights and other property rights, while some of the acts as the object, but is still in the interests of things, such as the sale of goods contract.
Act as the object of the object to meet the interests of the creditors, usually also called. Action is the object of the civil legal relationship, because the right to claim, the creditor can only request the debtor to pay for their own interests, such as delivery, the completion of the work, and can not be directly to the debtor or other property.
Intellectual property is the spiritual wealth created by human mental work, and it is the object of intellectual property, including literature, art, science and technology, inventions, utility model, design and brand. Intellectual property protection is not the carrier of intellectual achievements, but the information on the carrier.
The interests of the people are also called non material interests or spiritual interests. It is the symmetry of the material interests or the interests of the property. As far as the natural persons concerned, the non material interests include life, health, freedom, reputation, personal secrets, honor, etc., which make them become the object of life, health, freedom, reputation, privacy and honor. In terms of legal persons and other social organizations, non material interests include name, reputation (or business reputation), which make them become the object of the right of name and goodwill. The only property rights can become the object of civil legal relations, human rights can not. For example, the right of name, portrait, etc., can not become the object of civil legal relationship. The only exception is that the name of the enterprise can be transferred according to law, which can be the object of the civil legal relationship. Secondly, we must transfer of the property rights, transfer of property rights can not become the object of civil legal relationship, such as pensions, pensions, pensions, resettlement fee, life insurance, personal injury claim exclusively belong to the obligee, the property right can not be transferred, and so can not be the object of civil legal relationship.
(two) the dispute over the legal nature of virtual property
In the last few years, the academic circle has had a heated discussion about the legal nature of virtual property, and the focus of the debate is on the claim, the intellectual property right, the property right and the right of the right.
1 claims. Scholars believe that the view of the claims, players in the game operators to create the game platform, the creation of the account, role, and so are the contract behavior. Virtual property of online games is only evidence that players request game operators to provide a specific service, and the legal relationship between players and service providers is a service contract. The relationship between players and game operators is not the focus of virtual property itself, but the service contract signed between the two parties, the game operators must provide a good game platform in accordance with the contract agreement, to ensure that players can create roles, save equipment and other game information, normal game. Players have the obligation to comply with the contract agreement, the use of the game in a legal way, not to damage the official game platform, and so on.
2 intellectual property rights. Scholars believe that, although the network game players have the right to use virtual property, virtual property ownership and disposal of the operators, but the players in the online game created by the role and its attributes are creative, innovative, each play a role in the creation of different players, which contains a certain degree of imagination, creativity, and these characters are not realistic, and can not exist, as a carrier, should belong to the protection of the right.
3 real right to say. Scholars believe that the virtual property is a kind of invisible, the player has a real right of virtual property. While in reality, virtual property does not have an independent entity, but it has independent value, the game account number of all people can control the virtual property to exclude third people, the virtual property is owned by the players through their "labor" or spend money to buy, players for the virtual property paid to the players on their virtual property should enjoy the ownership.
4 quasi real right. Because of the existence of the real right, such as virtual property attached to the game platform, once the game operators to terminate the operation of the game, players will not be able to continue to hold virtual property, virtual property will be terminated or disappear with the termination of the network game. Therefore, based on the view of real right, some scholars put forward the theory of quasi real right, that is, the virtual property has the property of real right. However, it is based on the virtual property, and it does not accord with the concept of traditional civil law. I agree with the claim that this view.
First of all, the property of the virtual property and the property of the traditional have some overlap, but it can not be considered as the object of real right. The object of real right, must be present in the human body, can be controlled and can meet the needs of the human body.
Property Law refers to the physical or tangible objects, and the virtual property belongs to no body, it is stored in the computer network electromagnetic data, the game players simply can not control their real. In addition, the virtual property in the network game is dependent on the network, the need for players with the support of the game operators can be used, so it does not have the independence, which does not belong to the traditional sense of things.
Secondly, the network virtual property can only be occupied by a specific player, but the object of intellectual property can be copied, so it can not be occupied by a specific player. The existence of virtual property rights is determined by the situation of network game operation and the player's will, and the time of intellectual property right is clearly defined. In addition, virtual property is a part of the game, so if you talk about intellectual property, can only say that the game designers enjoy intellectual property rights, and can not say that a person's equipment in the game with intellectual property, which is like the author of a novel to enjoy, rather than to the novel in a certain sentence enjoy intellectual property rights.
Finally, if the virtual property right is divided into quasi real right, first of all, we must recognize that the property right is divided into four kinds of claims, real right, quasi real right and intellectual property right.
However, it is not easy to distinguish whether the virtual property is the object of the quasi real right. In addition, even if the virtual property is the object of the quasi real right, it is necessary to follow the general rules of the circulation and the ownership.
Three, the virtual property in judicial practice
(a) judicial practice in China
Virtual property is a new thing in our country, the law of our country has no specific legislation to protect it. However, the relevant provisions of the Constitution and the civil law of the civil law provide space for the protection of the network virtual property. "The constitution" since 2004, the most prominent point is clear in the thirteenth: citizens of the legitimate private property is not violated. The general provision of this legal private property provides a great space for the interpretation of civil law. The general rule of civil law also provides that the citizens' personal property includes the lawful income, housing, savings, living things, cultural relics, books and materials, forestry, livestock and law to allow all of the production and other legal property. Although the network virtual property has not been explicitly incorporated into the legal property of the individual, but retains the "other legitimate property" this interpretation of space.
However, the nature of the virtual property is not the same as the practice of civil judicial practice and criminal judicial practice in China, which can be seen from some judicial judges. In our country civil cases, the general believes that operators and game players are network service contract relationship. For example, players and equipment and skills are game company after the abolition of the sued the court to request the return of equipment in the case of were filing for the service contract cases.
In our country criminal cases, the virtual property is generally regarded as property, the use of network technology to steal the amount of other people's virtual property, generally identified as theft. For example, human behavior will trojan virus into others computer equipment and steal other people's network game equipment and game currency and sell in order to get the money, was identified as a crime of larceny.
The reason why the virtual property in civil law and criminal law is different, mainly because of the different classification of the object of the protection of the rights of the two, the specific understanding of the property is different. The object of the crime of theft in criminal law is public or private property, that is, the public property and personal property, and the property of civil law is different from that of criminal law.
(two) other national and regional legislation
The protection of virtual property in the United states. The United States is the case law country, the protection of the virtual property is achieved by the interpretation of the relevant laws, the extension of the scope of the existing law. In the absence of civil laws and regulations, the United States by the judge in the case of the electronic mail and e-mail system as a "thing" to protect the network virtual property identified as private territory or movable property.
The protection of virtual property in South korea. The value of virtual property is clearly recognized by South Korea, and it is independent of the value of the property by the legislation of the virtual characters and virtual items in the game. December 2006, South Korea launched the Game Industry Revitalization Act amendments, the provisions of the game currency cash transactions for illegal behavior.
Protection of virtual property in Hongkong area of china. Although there is no legal recognition of the value of network virtual property, the behavior of the virtual property of the network, such as the theft, is regarded as a crime against the law.
But there are two different views on the legal nature of virtual property: the theory and practice of virtual property: a view of the game that the weapon of the money involved in the interests of the game, the use of such weapons can be regarded as a kind of interest. Therefore, the behavior of the network virtual property is a serious crime, another view is that according to the law of our country, the network virtual property is not property, even in the eyes of the players is very valuable, in the law is not stealing, stealing network virtual property behavior does not constitute a crime of theft.
Four, summary
In summary, the virtual property can be used as a trade, but because of its high degree of dependence on the virtual environment, it can not be separated from the network game, the players can not achieve absolute control of their virtual products. So I believe that the virtual property is a "property", but it is actually a form of service contract content, so it can not be compared with the general, but a kind of debt.