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The Lagal Attribute and Protection of Virtual Property

Author: NiuMingQi
Tutor: CuiJiZi
School: East China University of Political Science
Course: Legal
Keywords: Virtual property Dominance Property Legal property
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 178
Quote: 4
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Abstract


As technology advances, the Internet industry in the world flourish. Popularity of the network on people's social life had a huge impact and generate the appearance of having a property of \has gradually been accepted. Along with this is that with the network virtual property related legal issues are increasingly prominent, this phenomenon has aroused widespread concern in our society. This article is to seize this hot issue, network virtual property disputes first case - \Internet age, property rights system reform and innovation has become the main theme of the development of the legal system. Virtual property is the traditional legal system faces property benefits arising due to network relationship must make a response. This paper argues that the traditional system of property law can accept this new form of wealth - \Text structure is divided into four chapters, as follows: Introduction to the first case of virtual property \. The first chapter discusses the current scholars from both broad and narrow to define the network virtual property, the author draws on the views of other scholars to generalize on the virtual property. And discusses the virtual property have four characteristics: attached to the network environment or in cyberspace (ie, spatial dependence), value, exclusivity, legitimacy. The second chapter of the virtual property law attributes identified. The author first introduces the existing affirmation and negation of theory, then in theory and practice are discussed, drawn virtual property belonging to the legal sense of the property. Then I said in the intellectual property, claims that the new property to say and speaks four doctrines property assessment, in the study as the object of real \property is a special non-physical things, and have a central feature of property rights - \Chapter III of the network virtual property laws were analyzed. Discusses the game operators and gamers gaming service contract between the relationship and clarify the obligations of both; when the game operators violated when the player's virtual property, producing a tort legal relationship; game developer and operator of games transfer contract exists between a game; between game developers and gamers belong to producers of consumer product liability owed; gamers have ownership of virtual property, so their virtual property rights against the third person, then the two generated between a tort legal relationship. Chapter IV discusses the legal protection of virtual property status and the need for protection; legal protection dilemma: the value of virtual property issues identified, the allocation of the burden of proof, the evidence identifying problems, mental problems and damages upon termination of online game players protection of interests; and virtual property from property law and tort law on legal protection.

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