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Network virtual property rights and interests of the Legal Protection of

Author: DaiHuiLi
Tutor: DuanKuang
School: Fudan University
Course: Legal
Keywords: Virtual property Property rights and interests Security obligations
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 210
Quote: 3
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Abstract


The rapid development of the online gaming industry, online game virtual property issues have become increasingly prominent, virtual items frequent occurrence of the dispute. How a reasonable definition and implementation of effective protection of virtual property interests, it is particularly important. That definition of virtual property protection were discussed. Content is divided into three chapters: the first chapter of virtual property defined. From the concept of virtual property, character and legal analysis of the property to define the network virtual property. This article are talking about virtual property online game virtual property with the real value of the transaction. In this paper, the characteristics of virtual property interests analysis, virtual, value, reality, restrictive, legality and other characteristics that the network virtual property interests. Scholars dispute over the legal property of the virtual property interests, mainly property rights, debt, intellectual property rights, said the three perspectives, network virtual property interest is defined as a new type of property rights. Chapter II of the network virtual property rights protection, the need for its conservation status were analyzed. First, the rapid development of the online gaming industry and online games disputes frequent conflicts between the two departure to discuss the necessity of virtual property rights protection. Our network virtual property rights protection can be applied to the laws and regulations were summarized pointed out the shortcomings of the legislative system. Select a few typical case by case analysis, showing the status of China's current judicial practice. In this paper, the extraterritorial network virtual property rights and interests of the conservation status of comparative analysis, legislative and judicial status quo of the United States, South Korea, Taiwan, China, China's Hong Kong region were compared in order to learn from the analysis. Chapter protection of virtual property interest put forward their ideas. This article looks in 2009 by the People's Republic of China Tort Liability Act, \Legislative level through legislative or judicial, we must first explain to clarify the legal status of virtual property interests, and secondly to clear the rights and obligations of the online gaming operators and online gamers. This article discusses the safety and security obligations of the online gaming operators. At the judicial level, this paper discusses the determination of virtual property interests in the main, the network virtual determination of the value of the property and the allocation of the burden of proof. How to determine the virtual property interest in the subject, is suggested from the establishment of online game players real-name registration system, the establishment of online gamers request of the real-name registration system, the establishment of virtual property transactions to confirm the registration system, establish a sound system of information storage these four aspects to work . The value of the virtual property, this paper argues that standard, on this basis, specific analysis for case-specific issues to a game on behalf of the average acquisition cost spent by the virtual property. In view of the weakness of online gamers, online game operator safety and security obligations and the principle of fairness, this paper argues that online game operators should bear more of the burden of proof.

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