Chapter 1213 Another Truth
"Of course what he said is well-founded. In the current domestic laws, only legitimate income, savings, houses and other legitimate properties are recognized. There is no clear provision on the legality of virtual property. In the "Consumer According to the Law on the Protection of Rights and Interests, netizens’ rights to virtual property do not belong to any of the existing consumer rights, and netizens’ rights to virtual data do not belong to any of the consumer rights.
This makes the claim of virtual property rights fall into an awkward situation with no basis to rely on.
But some experts now also believe that players' accumulation of property in the game requires time and money, and therefore should be protected by law.
Through one's own labor creation, if one obtains the exclusive rights and dominion over this kind of thing, then of course he obtains a kind of property rights. Although this kind of thing cannot be seen, this relationship exists, like This kind of invisible right of disposal is also very common in daily life. For example, stocks, claims, bills of lading, and various bills are all rights and interests whose real corresponding objects cannot be seen.
Since it can be traded, that means it has both market value and exchange value. "This attribute can very definitely indicate that virtual property has the nature of property.
Things like who stole the dragon-slaying knife actually constituted a crime. However, it is really impossible to legislate for online games when the more important domestic legislation cannot be amended in time. thing.
There are priorities, and it’s not the NPC’s turn to give priority to such trivial matters. People have so many things to be busy with.
However, Fan Wubing also feels that he has a certain degree of influence now and is a special adviser to the State Council. It is appropriate to pay attention to this matter, especially since he has some contacts with many experts in foreign legal circles. He also has a large team of legal advisors under his command. Raising this issue is also a sign of proactiveness and can show concern for specific domestic issues and care for the nascent online game industry.
Therefore, Fan Wubing chose Fan’s name! $The Group’s 7-online game department and Shen Ying’s Brahma Creation Online Game Company, combined with several major portal websites, invited more than 100 well-known figures in the industry and related legal experts to hold the first legal meeting in the online game industry The seminar is dedicated to discussing the important issue of legislation related to the online game industry.
If it were a seminar held by ordinary people, not many people would be willing to come, but Fan Wubing was different. The invitation he sent out, and those who received the invitation felt very honored and honored. After all, Fan Wubing was very good. If you don't do this kind of activities, getting an invitation can be said to be a symbol of status.
The State Council also received the news, and the Prime Minister called to inquire, and then said that a legal committee of the National People's Congress would send several experts to attend the meeting. Fan Wubing naturally welcomed this.
In fact, the government is also very concerned about the emerging industry of online games, but has not made up its mind on relevant legislative issues. It still takes the attitude of seeing more and talking about it. This time Fan Wubing organized this event, which is an opportunity. We should be able to understand some of the voices from society, especially the reaction of the industry.
At the meeting, most experts believed that virtual property is an intangible asset. Citizens’ property includes both tangible and intangible assets. Online virtual property should be a type of intangible asset. Virtual property can be obtained directly from game developers. Purchases can also be obtained from the virtual currency trading market, so virtual property already has the attributes of general commodities, and its true value is self-evident.
"From the perspective of the legal definition of property, virtual property should also be protected. Online virtual property is often obtained through the holder's personal labor such as leveling, the payment of real property such as purchasing game points, and market transactions such as buying and selling equipment. Wait, online virtual property already has the basic characteristics of real property. At present, there are generally two ways to obtain virtual property. One is to invest a lot of energy to obtain it. For example, a legendary player who wants to reach level 40 needs one in a normal time. In 2017, the Internet fee was about 7,000 yuan, and in most cases, netizens spent real money to buy virtual properties. Many weapons, treasures, etc. on the game website are clearly marked for sale." Shanda said. An executive of the company said, "Therefore, the authenticity and legality of online virtual properties should be given certain recognition to promote the healthy development of the online game industry."
An academic advisor from the School of Humanities also said, “I think we can consider the formulation of the Civil Code in the future, for example, make some provisions in the Law on the Limitation of Materials, or make a provision in the intellectual property part, such as the Internet. The property therein is also property and needs to be protected according to law.”
A senior lawyer was more specific: "I wonder if we should give him a certificate of property ownership that we can also see in real life, such as "like", or a patent certificate, or a trademark certificate. Same; "Like a copyright certificate, give him something in paper media so that he can truly feel that I have property rights to that virtual thing. This is the first step, there is such a thing. Second, we need to establish We will establish a protection mechanism, that is, we will punish anyone who infringes upon this property relationship.”
Everyone spoke freely, talked about many things, and were very enlightened by each other.
Fan Wubing mentioned South Korea's definition of virtual property in his final remarks. "In South Korea, where online games are the most developed, the law has banned the trading of virtual items. However, such transactions exist in large quantities due to real needs and are difficult to completely ban. Fraud in transactions is also increasing day by day. The existence of these phenomena has prompted South Korea to begin to face up to the ownership of online property and clearly stipulate that virtual characters and virtual items in online games have property value independent of service providers. Service providers only provide a place for players to store these private properties, and have no right to modify or delete them at will. The nature of this kind of property is no different from the money in a bank account."
However, everyone is also aware that it is very difficult to justify the name of online virtual property. Although many experts agree to justify the name of virtual property, everyone also admits that even if the law can establish the legitimacy of online virtual property, if there is a lack of key operational rules, there will be some challenges in implementation.
The biggest problem is that there are indeed some difficulties in obtaining evidence, because under the current conditions, it is difficult for many games to determine whether the item is directly obtained by you. This method may still be difficult at present.
In real life, bank deposits have deposit slips and shopping receipts have receipts, but on the Internet, all electronic data is stored in the operator's server. Once lost, it is difficult to retrieve it because the operator may not be willing to pay the cost to provide evidence. Therefore, if the law can force the operator to save and provide all evidence, the problem will be solved.
Another problem is that it is very difficult to determine the value of online virtual property and it is also very difficult to find criminals. Regarding this, some people suggest that a tracking mechanism should be established for online property, that is, to improve the online tracking system, so that the person responsible can be found when a problem occurs. Some people also think that a third-party organization should be established to save the player's data.
In a word, everyone believes that even if the law recognizes your rights, there is no way to actually protect your rights, which is the reality faced by online virtual property today. However, there is no rule without rules. Only under certain regulations can the network develop quickly and healthily.
But no matter what, this meeting was a successful meeting, a victorious meeting. After the meeting, Fan Wubing ordered people to sort out the minutes of the meeting, which were published in excerpts on Huafeng.com and several major portals, and also aroused heated discussions among netizens. Everyone believed that legislation for the online game industry is very important, because it is not only related to the personal interests of game players, but also involves the various obstacles that everyone will face in online transactions after entering the Internet era.
If we do not plan ahead and propose some feasible solutions in a timely manner, it is very likely that the Internet industry will encounter greater obstacles in the near future.
Regarding this point, Fan Wubing also expressed his attitude, "You won't make big mistakes if you cross the river by feeling the stones, but you should be able to tell where the water is fast and where it is slow. Sometimes, we need to make some of the most reasonable judgments to improve work efficiency.
Naturally, what he called the most reasonable judgment was that the legislation of the online game industry must be resolved as soon as possible.
After submitting these materials to the relevant departments of the State Council and the National People's Congress, there was no news at all, which made Fan Wubing very depressed. However, when he talked about this with his father Fan Heng later, Fan Heng pointed out the key points to him.
"The most critical problem is that there are too many teenagers who are addicted to online games now." Fan Heng said to his son, "Any parent does not want the online game industry to be completely liberalized. In that case, it is very likely to cause the industry to have higher expectations for the online game industry. Once this loophole is opened, if there is a big mess at that time, no one can bear the responsibility. "
Fan Wubing squeezed his brain and immediately thought of the key point. Everyone is worried that their children will become online game addicts! Those who have the power to make and amend laws are naturally not children, and everyone will not be addicted to online games, but no one can guarantee that once the Minyouye legislation is passed, their children will not become the next victim!