Block of game operators account the behavior of players (in)

 Second, the development status of virtual property, and problems encountered
issued by national authorities, according to the report, at present, China's online game market reached 5.53 billion yuan consumption, while driving telecom services, IT equipment manufacturers and other growth in the number of associated industries million dollars [1]. However, the game caused by the network of virtual property issues and disputes are emerging in large numbers.
Case I: November 19, 2003, Beijing Chaoyang District Court hearing the first case the third online game users Lihong Chen in the past two years, spent thousands of hours of total energy and the million of cash, in a man named weapons 2 boots and other virtual goods. So he thought of the police, but police have declined to less than filing technology. After the denial, the company to negotiate, but the company refused to give real data Daohao Lihong Chen, therefore, Lihong Chen to game operators violated the grounds of his private property, the Arctic Ice Technology Development Co., Ltd. to court, asking the defendant for compensation He lost all kinds of equipment, and 10,000 yuan compensation for mental damages and other claims.
2003 �� 8 27 and November 5, Chaoyang District Court hearing of the case, respectively. The court held that, although the virtual equipment is invisible, but in the online gaming environment is a kind of intangible property, so they should be evaluated and appropriate legal remedies. As users participate in the game, get game time and equipment required money to buy game cards, so the virtual equipment valuable content. the defendant operating online games, the plaintiff was involved in one of the game's users, both consumers and service providers to form relationships. Because the plaintiff can not prove the defendant's reasons for missing equipment, there is no evidence that a witness other than the plaintiff's password other staff know, so you can identify the defendant in the lack of security there, the plaintiff should bear the loss of items unfavorable security responsibilities, the plaintiff claims the defendant may be missing items have been verified by technical operations items were retreated. Accordingly, the court Lihong Chen decree operators in the compensation and other claims. After the first trial, the plaintiff and defendant pleaded both appeal against the court of second instance upheld the original verdict. [2]
Case II: U.S. game software development company Blizzard released declare that game all accounts, virtual currency, virtual goods and virtual equipment are all of the company, users only have the right to use against the unauthorized user virtual goods transactions between. [3]
Case III: A Mainland China hacked into the company launched by the South Korean online games DreamMedia operations, but the deleted user data file has been irreversible, and makes a lot of love this online game users had to start the game. [4]
Case four: the end of 2003, a user sued the online game service providers infringement lawsuit. because they can not prove that their proof is a network game ; normal use and a public apology's claim will be rejected by the court. [5]
Case Five: the users and industry reputation has been good, but this is so Lianzhong troubled Persona 3 is selling cards. buy the Bright Card, users can get bundled with the card is Lianzhong l Caifu Zhi Cai Fuzhi r. the establishment of a virtual currency, the user can use it to buy the negative points in the game is cleared, call clairvoyance, quizzes and other special features. but Caifu Zhi along with a special function, that is, the l in Lianzhong game Cai Fuzhi r be treated as a virtual bet, the game r. l to Bright Cherish card, for example, to pay 68 yuan a person, can be obtained through the purchase of 59,888 points Colorful card Caifu Zhi, two ways to participate in the Lianzhong gambling virtual l One is involved in l r. r luck games, and Lianzhong own simulated gambling machine gambling; Another way is with another user through the Stud, dig the earth and other virtual gambling (as well as tie l Golden r). regardless of the user winning or losing, Lianzhong Colorful card will make users buy 68 yuan, but the game either side can win the God of Wealth by l r [6] will Caifu Zhi converted into cash > From the above case we can see that virtual property development to this stage, facing the following problems:
(a) whether the property of virtual property
controversial within the Court in this process of virtual property disputes , the use of such a statement, game time and equipment required money to buy game cards, so has the value of the contents of the virtual equipment. is a kind of intangible property, namely the virtual property in a specific environment can be considered as property. the Court of virtual property as property of the reasons and based on the user in the game, access to the process of virtual property to pay real money, so the virtual property with the value of content, with a certain characteristics of the property. However, exchanged with real money does not necessarily have to belong to the property of things, especially the invisible virtual property can be considered the user access to the spirit of joy in the game and enjoy operators to provide a right of paid services. This is clearly different from the civil rights and a general sense of property rights.
(b) the ownership of virtual property dispute between
we see that the U.S. Blizzard Company Blizzard are now many foreign online gaming operators in the open test section of a game before, have made similar statements. as long as the user accepts the terms of the operator's statement to start the game, that is, as recognized and promised to abide by the terms of the content. In this case, if the property itself is owned by the virtual online game operator for all, regardless of whether the user with real money through formal channels to purchase virtual property, their interests can not be effectively protected.
the first case in the court's decision is neither relevant national laws and regulations whether they are the property of virtual property, and no contract between operators and users of the situation, tendencies of virtual property as property, and ownership belongs to the user's point of view. But if the courts is an operator and users have similar Terms of judgments as operators have the ownership of virtual property, pursuant to the disappearance of the user equipment does not assume any responsibility, with real money for the purchase through normal channels, the users of virtual property is obviously not fair. This is because, first of all in the virtual property is the property of the relevant national legal provisions did not make the case, operators should not have the unilateral right to interpret and regulations; Second, the user with real money through formal channels to purchase virtual property already has a certain property, property, and violations should not be arbitrarily deprived of; third, the user can not be effectively protected the legitimate rights and interests, the network is not conducive to the health and long-term development of the game.
Therefore, the ownership of virtual property has not been determined.
(c) to protect virtual property technically demanding
from the case III, we can see that network security is still a very difficult problem. Although the game developers and operators have made a lot of effort for this, such as taking a series of security measures to prevent illicit plug and set the password protection, but theft of passwords and user accounts are still emerging phenomenon of virtual property, and victims are often not aware of violations and their details. survey showed: Liu Cheng regular user virtual property stolen. [8] from the present conditions, the general technical means of such violations should play hard to get the general preventive function, while the use of national financial systems of national defense technology and security means the security of online games for maintenance, In the human, material and operating costs will result in tremendous pressure to shake the online game itself is the foundation of the survival and development.
any server is not in fact unassailable, any operator can not prove that the server is impeccable. user virtual property submarine and users resulted in loss; Second, users of personal computers have been hacked, or when the user is already installed Internet cafe Internet cafe computer hackers in the software records the user name and password to complete the theft process. in reality there is more the second case. online game service provider can not prove its server is impeccable, the user also can not prove their personal computers or Internet cafes are safe. will be wholly owned by Department of responsibility for security in the service provider or user of any party, are any errors fair.
and accountability for safety, the biggest difficulty lies in the security proof of fault issue. from the current technological means, both the network operator or the user profile, do not have such a proven capability.
(d) the virtual identity and real identity of the same mechanisms identified four cases of missing
As shown, the network game users, a large proportion of registered game account is used when a virtual identity. the general online game operator does not rigidly require the user to fill out their true identity. This created a user identity and virtual identity is difficult to identify the difficulties of the same.
In most cases, to maintain the true identity of the user and the virtual identity of the only bridge and link is the user name and password. Once the user's password forgotten or for some reason their disclosure to others lead to loss of account and virtual property, then it means that the user identity and virtual identity between the link was cut. If this requires the user to prove virtual identities with its own memory had been in contact for some time, that he is the account number and the owner of virtual property, from the point of view in terms of existing technology, is impossible.
contrast, China's banking industry has been implemented for real-name system, that is, before opening the depositors, it must be true identity authentication, to ensure that the account is unique for the corresponding depositors. Therefore, even if depositors have forgotten your password or bank card and password is stolen, you can also verify the true identity of the way through to retrieve username and password.
rights from the user point of view, the network game and the real world need to establish a corresponding mechanism for the same identified; but is itself a virtual world online games, virtual environment, the charm of online games for users to a large extent depend on its virtual nature, that is, the user can in the virtual world to the virtual identity of the virtual completion of the event; In addition, users fill out their own true identity is not conducive to the protection of privacy. Therefore, In a scientific, sound and effective set up before the authentication mechanism, it is difficult to reconcile the contradiction between a pair.
(e) loss of virtual property in the process itself, the user interest in virtual property
hard to ensure there the phenomenon of self-loss. The main reason for this phenomenon is a network out of the game itself there is a law of development of self. any one of the online games are not always afloat. So stop the operation when an online game, when there will be the following questions:
first game for the network operator, when he thought the operation should be stopped when a certain online games, whether virtual property also has the right to dispose of the user.
Objectively speaking, once the network game stops operating, then the operators shut down the server, delete the relevant data, the user's virtual property will automatically disappear. If these virtual goods is a user with a real exchange of money obtained through formal channels, and possess a certain property, properties, operator is also has the right unilaterally to the loss? for users to buy virtual property to pay real money, but they really could have taken the virtual property, but the final say by the operator completely is clearly unreasonable The.
second is when the operators to stop operating when a certain online games, users purchase virtual property and make it as their own losses, whether operators should be compensated.
Wang Hui, Shandong Normal University Institute of Politics and Law that there is a period of virtual property, the network user right to virtual property virtual community space with the elimination of the termination. because, first, resulting in the value of the basic conditions of virtual property is the existence of a virtual community space. service providers to stop operations, virtual community space no longer exists, the value of virtual property also will be naturally eliminated, the user's property rights does not arise. Despite the virtual elimination of the value of property to stop operations by the service provider arising from acts, but because of infringement of property accountability requirements violations. Second, from the perspective of trade-offs in the network game is often a huge amount of property, such as the legendary game has already registered more than 60 million users, these users have virtual property converted into yuan, the amount of large can be imagined. operators to stop operating when to bear such a huge that there is this view the following deficiencies:
first, does not have value. But when the user with real money through formal channels to the operators of virtual property after the purchase of virtual property to more than just a set of data, while the value of their properties with a certain post, can be considered as a special property;
Second, this view just to see that for operators to stop operating after a certain online games, virtual user compensation value of the property of the enormous risks, but they ignore the protection of legitimate rights and interests of users. knowing legitimate interests of the user is able to be effectively protected, is the online game industry, long-term, healthy, normal development of the key. If a particular user in the first day of first use of real money through formal channels to operators in a virtual property purchased, the next day operators, announced the permanent cessation of operations which game, then the losses caused by the user, it is clear the. operators do not assume any responsibility, is justified in any case. And such problems, in Shanda Networking Co. Ltd. for Korea online game part of the gambling behavior of virtual property as quasi-effective vehicle to circumvent the law
Case V of Lianzhong online gaming companies, , real money to party can use the Once it can be converted to real money, its very nature has changed its function to basically the same as real casino chips. OurGame company is found in such a situation, in time to stop operating the Stud, 21, Golden and other merchandise tie there is no as a so it was such an embarrassing situation: knowing that as a currency conversion, resulting in the existing law can not be accurately its qualitative and effective regulation.
Thus, we see that some of the virtual property has become a quasi-legal gambling to avoid an effective carrier.
( g) exists in the virtual property and circulation of financial risk
At present, online games, virtual goods mainly for the following three categories: accounts, virtual currency and virtual items.
Let us remove the illegal underground market does not talk, just look at now officially exist in the network game in the exchange relationship between them and with real money in exchange, mainly in the following four: the purchase of real money account (lump sum); real money to buy virtual currency ; virtual currency to purchase virtual items; virtual objects into the virtual currency.
it on the inside to the two involved a dynamic exchange ratio, that is real money and virtual currency exchange ratio, the virtual currency and virtual goods exchange ratio. norms in an online game operator in the case, real money and virtual currency exchange ratio is constant, the virtual currency and virtual goods is a constant conversion ratio.
However, in the current online game operators have emerged in the process the following phenomena:
first operators to attract more users to participate in the name of the game, the introduction of the so-called discount promotions, free additional virtual currencies. If the original 1 per 100 real money to purchase virtual currency, the discount period 1 200 million can buy, then the ratio of 1 against 100 people who purchase virtual currency, virtual currency held its own with respect to real money in terms of a additional virtual goods. If the original 100 could buy a virtual currency virtual goods (and vice versa), this is because the virtual currency and virtual items in the total amount of unchanged, the exchange ratio between them is relatively stable . The reason why a user is willing to virtual items using real money in exchange for virtual currency to buy, because of its scarcity of resources and the quantity is limited. Once the additional virtual items were random, then the virtual goods virtual currency relative to the Introduction to and is also opposed to real money real currency, virtual currency and virtual goods exchange between the three inner relationships in the disturb the behavior of the virtual world financial order, mainly in the following ways: First, a very low price to have a large number of users buy virtual money surplus virtual currency, and then to less than the purchase price to the operator sold to the users need to purchase virtual currency, make the difference, so that the operators had to purchase virtual currency greatly reduced the number of users affected the profitability of the operator's normal; s Second, the small number of colluding malicious users, with real money through a large number of acquisitions, the way the acquisition bid, driving up the virtual currency, virtual goods for real money prices, attracted the most users pursued, virtual currency, virtual goods for real money prices were raised again and again . And once the price to reach a certain height, they wantonly sold the first often leads to follow up the last batch or several batches of users to buy huge losses, the means and the financial predators exactly the same way the stock market manipulation.
Although this some users to purchase, sell the object is a virtual property, but their approach esteem of the world financial system has created an enormous harm, it is because: virtual property in their hands has become a disguised form of financial instruments; countries do not have the relevant laws and policies of this virtual property speculation to adjust and regulate; because of the involvement of such virtual property speculation, there must be high because most users to buy, but can not sell at higher prices resulting from the actual loss; As online games and virtual goods market is growing rapidly, the virtual property speculation may have real-world financial markets, such as the stock market and foreign exchange markets have a tremendous impact.