The Pilot Study Of Virtual Property In The Network Games

Virtual property is"property", it can bring people profit. Providing law protection to virtual property is really necessary and feasible. Now there are several theories about virtual property——the object to the real right, the intellectual property right and the warrant of obligation .Though these theories are something reasonable, they are defective. They could not roundly reveal the legal nature of virtual property. We think that since the virtual property is a kind of invisible property, it`s nature must be the same as invisible property——the right itself. Through the divide of the service contract between the player and the internet service provider, we find that the service relation between the player and the internet service provider is not simplex, contrarily, the service relation between them is complicated and multiple. It is the syntheses of the basic service relation and the extra service relation. The virtual property is substantively a right, a right about obtaining extra service from the internet service provider in the network game. The virtual property means the extra service contract between the player and the internet service provider. So, the virtual property is not only the right but also the warrant of the right. It indicates the legal relation of the extra service contract. Ascertain of the nature of the virtual property is helpful for us to settle the disputes about virtual property. According to different cases, we can ask the internet service provider or the other players to assume the burden of their breach of the faith or the burden of the tort. At the same time, we must face several idiographic questions, for example, the form of the burden assume, the matter about the evidence burden and the settle mechanism of disputes. Especially, the account of the loss and the evidence burden are very important because they are different in every case. We have to make an individual analysis. The arbitration on the net is a good way to settle the dispute about virtual property, but generally it is applied to some cases, not all the cases. The countermeasures including the legal and technical countermeasures will benefit the protection to virtual property. All the analysis aim at be helpful to the realization of the virtual property'protection. Besides the foreword and the concluding remarks, the paper divides into five chapters.Chapter 1 discusses the discrimination of the virtual property. This chapter points...