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Specificity of Virtual Property Infringement Liability

Author: YinFeng
Tutor: JiangZhanJun
School: Huazhong University of Science and Technology
Course: Civil and Commercial Law
Keywords: virtual property infringement damages tort liability
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 58
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Abstract

With the rapid development of online game industry, online game players own the virtual weapons and equipments to demonstrate the value of virtual property, virtual property infringement also makes the growing number of property tort cases.Although the virtual property is partly same as physical properties, but essentially different from the traditional property types, therefore, virtual property infringement is also different from the traditional type of infringement. Virtual property itself is as a network service provider data stored in the system, a set of data records, the intangible property determines the nature of the special virtual property infringement. In the virtual property infringement cases, mainly for network service providers, some game players use the plug-in tools to abuse of network service providers, third party service providers and other network games players. Generally, the virtual property infringement is attached to the network, has the nature of concealing, it is difficult to keep the evidence. This is not a problem to the network operator who has the advantage of technology, therefore, they have the actual control of server, and accordingly, they should take more responsibility of caution, including the burden of proof. Therefore, in most cases, according to the principle of presumption of fault, the network service provider shall be liable for the damages. In some cases, even the third party infringed the virtual property; its behavior of omission may also commit infringement. However, if the network service providers can actually prove that they have no fault and they are doing the good management obligation, based on special circumstances, can be exempt.With respect to the virtual property infringement, which does not result in actual loss of real property, network service providers can recover the data with such technical means to make up the losses suffered by the player. Most of the virtual property infringement can be made up by doing pullback; only when the pullback does not work, they should pay back the real property damages. Currently, most online games in the virtual property can be trade in the real world, games currency and Renminbi can be exchanged freely, the calculation of the loss of virtual property, according to "market", can be measured. Because of the nature of online games and virtual property damage is mainly measured by loss of property, loss of prospect interests and compensation for moral damage should be appropriately limited.

Specificity of Virtual Property Infringement Liability

Abstract

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