网络虚拟财产
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离职后删除工作账号短视频需要赔偿吗
Xin Lang Cai Jing· 2026-02-23 17:36
Core Viewpoint - The increasing value of online accounts in the context of live streaming and short video industries has led to disputes regarding ownership and rights, particularly when employees leave companies and delete content from accounts registered under their names [1][7]. Case Background - An employee, Xiao Huang, registered a short video account under his real name as required by the company, which invested significant funds for promotion [1][2]. - Upon termination of employment, the account had over 1 million followers and unspent virtual currency valued at over 10,000 yuan [2]. - Xiao Huang deleted over 800 videos from the account and changed the account's phone number without the company's consent, leading to a drop in followers from 1.26 million to under 1 million [2][3]. Court Proceedings - The Beijing Fourth Intermediate Court ruled that the account's ownership should be determined based on actual usage, management, and contributions, concluding that the account's rights belonged to the software company due to its material investments [3][4]. - Xiao Huang's actions were deemed to have caused economic harm to the company, including a significant drop in follower count and the inability to conduct business through the account [4][5]. Legal Principles - The court emphasized that the ownership of online accounts should consider both personal and property attributes, and in the absence of clear agreements, actual usage and contributions should guide ownership determinations [8]. - The ruling clarified that damages for infringement of virtual property should include both direct losses (like the use of virtual currency) and indirect losses (like the decrease in account value due to follower loss) [9][10]. Judgment Outcome - The court ordered that the account belongs to the software company and that Xiao Huang must compensate for the economic losses incurred [5].
投资网游道具饰品真的稳赚不赔?
Bei Jing Ri Bao Ke Hu Duan· 2026-01-26 02:52
Group 1 - Company A operates a mobile game that introduced a free trade feature allowing players to buy and sell virtual items using in-game currency [1] - Player Ding engaged in off-platform transactions for virtual items, purchasing 3,200 magic stones for 100 yuan, and later incurred a loss of 690,000 yuan through further trading [1] - The court ruled that Ding violated the game's user agreement by trading outside of Company A's approved platforms, thus he bears the responsibility for his losses [1] Group 2 - Virtual game accounts and assets are recognized as property rights under the law, and users have the right to protect their virtual assets from illegal infringement [2] - The court found that Company A fulfilled its contractual obligations by warning users and taking measures against unauthorized trading, leading to the dismissal of Ding's claims [2] - The nature of online games is to provide entertainment, and the trading of virtual items is often prohibited in user agreements, which can lead to account bans and loss of assets [2] Group 3 - The trading of virtual items can lead to significant financial risks due to their reliance on market consensus and operational rules, unlike tangible assets [3] - Game operators must justify actions that may lead to player losses, such as freezing accounts or deleting items, otherwise they may face liability for infringement [3] - If losses occur due to players' failure to protect their virtual assets or due to illegal intrusions, game operators typically do not bear responsibility [3]
数字时代,怎样守护您的虚拟财产?听听法官怎么说
Sou Hu Cai Jing· 2026-01-20 12:32
Group 1 - The new regulations on civil cases that took effect on January 1, 2023, include provisions for virtual property, addressing important aspects of digital economy governance [1] - The rise of self-media and e-commerce has led to disputes over rights and obligations among partners, emphasizing the need for clear agreements regarding asset division and account management [3] - Virtual property in online games is recognized as having economic value, and users have legal rights to their accounts and virtual assets, which can be protected through legal means [4] Group 2 - The legal framework stipulates that parties must fulfill contractual obligations, and failure to do so can result in liability for damages, highlighting the financial responsibilities involved in virtual property transactions [5] - Game operators may be held liable for losses incurred by players due to improper actions, such as freezing accounts or deleting virtual items, unless they can justify their actions [6] - Digital collectibles, linked to blockchain technology, are emerging as a new form of asset but are also associated with risks such as fraud and market speculation, necessitating cautious investment approaches [9][10]
以中国民法学自主知识体系构建保障民法典全面有效实施
Xin Lang Cai Jing· 2026-01-02 17:26
Core Insights - The implementation of the Civil Code in 2025 marks a significant milestone, with scholars proposing constructive academic viewpoints to support its effective execution and the development of civil law in China [2][3][23] Group 1: Theoretical Research on General Principles - The transition from legislative theory to interpretative theory in civil law research highlights the importance of legal methodology, emphasizing the need for a self-sufficient legal interpretative system to serve legislative and judicial practices [3][22] - Scholars suggest that the principle of non-retroactivity should be upheld in the application of new laws, with exceptions strictly regulated to ensure legal stability and fill gaps in existing laws [3][4] Group 2: Corporate and Non-Profit Legal Structures - The classification of profit-making and non-profit legal entities reflects unique Chinese elements, with proposals to recognize and regulate "public welfare profit-making entities" to enhance efficiency in public welfare sectors [4][5] - The legal framework for rural collective economic organizations is characterized by specific attributes regarding membership, property, governance, and continuity, which require tailored legal norms [4] Group 3: Data and Virtual Property Rights - The Civil Code recognizes data and virtual property as legal assets, with scholars advocating for separate legislation to protect data property rights and address the unique characteristics of virtual property [5][6] - The establishment of a unified data property registration system is deemed essential for the development of a comprehensive data property rights framework [7] Group 4: Property Rights and Land Reform - The Civil Code's provisions on property rights support rural land system reforms, emphasizing the need to enhance farmers' property rights and facilitate the flow of resources between urban and rural areas [6] - Scholars argue for the synchronization of land use rights reform with property rights to ensure effective resource allocation and protection of farmers' rights [6] Group 5: Contract Law and Liability - The Civil Code's contract section innovatively functions as a de facto general debt law, addressing the need for a coherent legal framework in contract disputes [8][11] - The principle of compensation for breach of contract aims to restore the non-breaching party to their original position, balancing interests through predictable compensation limits [8][10] Group 6: Personality Rights and New Technologies - The independent chapter on personality rights in the Civil Code provides a framework for protecting individual rights in the context of emerging technologies, emphasizing the need for robust personal information protection [12][13] - Scholars highlight the importance of adapting legal protections to address new risks associated with advancements in technology, such as brain-computer interfaces [13][14] Group 7: Family Law and Property Distribution - Recent judicial interpretations in family law address common issues such as property distribution and the implications of financial contributions from parents to children's marriages [14][15] - The legal treatment of divorce agreements is complex, requiring careful consideration of both personal and property aspects within the framework of contract law [16] Group 8: Inheritance Law - The dual function of the代位继承制度 (substitutional inheritance system) allows for a broader interpretation of inheritance rights, accommodating the wishes of the deceased [17] - Ongoing debates regarding the effectiveness of bequests highlight the need for further research to clarify the relationship between property rights and inheritance law [17] Group 9: Tort Liability and Emerging Challenges - The rise of generative artificial intelligence presents challenges for tort law, with calls for a shift from strict liability to fault-based liability for service providers [18][19] - The responsibilities of property management companies in ensuring safety against falling objects are emphasized, with a clear distinction between direct and supplementary liability [19][20] Group 10: Mental and Emotional Damages - The introduction of a dual liability system for mental and emotional damages marks a significant advancement in the protection of personality rights, aligning with global trends [21] - Scholars propose a structured approach to defining "serious mental damage" to enhance the operability of legal standards in this area [21]
一批新规正式施行 事关社会治安、保育教育、网络安全等多方面 一文了解↓
Yang Shi Wang· 2026-01-01 08:03
Group 1: Social Security and Education - New regulations regarding social security and education will take effect on January 1, 2026, addressing issues such as exam cheating and public safety [2] - The revised law includes penalties for behaviors like high-altitude throwing, unauthorized drone flights, and negligence leading to animal harm [2] Group 2: Early Childhood Education - A new notification on early childhood education fees mandates that public and non-profit private kindergartens must follow government-guided pricing for tuition and accommodation [4] - For profit-oriented private kindergartens, fees will be subject to market regulation, and a clear fee list must be established and publicly displayed [4] Group 3: Electric Vehicles - A mandatory energy consumption standard for electric vehicles will be implemented, requiring necessary technical upgrades for new products [6] - For vehicles weighing around 2 tons, the new standard limits energy consumption to no more than 15.1 kWh per 100 km, potentially increasing the average driving range by approximately 7% [6] Group 4: Taxation - The new VAT law will come into effect, marking a significant step in establishing legal frameworks for taxation in China [8] - With the introduction of this law, 14 out of 18 existing tax types will now have legal statutes, enhancing the principle of tax legality [8] Group 5: Personal Credit - A one-time credit repair policy will be enacted, allowing for automatic adjustments to credit reports based on repayment conditions starting January 1, 2026 [10] - Overdue records from January 1, 2020, to December 31, 2025, will not appear on credit reports if specific conditions are met [10] Group 6: Cybersecurity - The revised cybersecurity law will support AI research and development, focusing on risk monitoring and safety regulation [12] - The law aims to enhance the infrastructure for AI, including data resources and computing power, while promoting ethical standards [12] Group 7: Civil Cases - The updated civil case regulations will include disputes related to data and virtual property, expanding the total number of case types to 1,055 [14] - The revisions also address intellectual property, competition disputes, and protections for new employment forms and elderly rights [14]
新华社权威快报丨2026年1月1日起,一批新规将施行!一起来看
Xin Hua She· 2025-12-30 05:01
Group 1: Education and Childcare - New regulations require public and non-profit kindergartens to implement government-guided pricing for tuition and accommodation fees, while for-profit kindergartens will have market-regulated pricing. A detailed fee list must be published, and any charges not listed or publicized are prohibited [3]. Group 2: Electric Vehicles - A mandatory standard for electric vehicle energy consumption will take effect, requiring new models to limit energy consumption to no more than 15.1 kWh per 100 km. This upgrade is expected to improve the average driving range by approximately 7% without changing battery capacity [3]. Group 3: Taxation - The new Value-Added Tax (VAT) Law will come into effect, marking significant progress in establishing legal frameworks for taxation in China, as 14 out of 18 tax types now have legal statutes [4]. Group 4: Personal Credit - A one-time credit repair policy will be implemented, allowing for automatic adjustments to credit reports for overdue payments made between January 1, 2020, and December 31, 2025, provided certain conditions are met [4]. Group 5: Environmental Protection - The National Park Law will prioritize hiring local residents for ecological management positions and encourage public participation in conservation efforts [5]. Group 6: Cybersecurity - The revised Cybersecurity Law will enhance support for artificial intelligence research and development, focusing on risk monitoring and safety regulation to promote healthy AI development [5]. Group 7: Legal Framework for Digital Assets - The updated civil case regulations will now include disputes related to data and virtual property, reflecting the growing importance of digital assets in legal contexts [5].
新办的手机号,却登上了已故歌手李玟的账号?律师解读
Bei Jing Ri Bao Ke Hu Duan· 2025-10-12 11:35
Core Points - The incident involving a new user logging into a celebrity's account due to a "reissued number" highlights potential vulnerabilities in account security and privacy protection [1][4] - Legal interpretations suggest that online accounts can be considered a part of personal property, with implications for privacy and inheritance rights [6][7] - The responsibilities of telecom operators and platforms in managing account security and user data are under scrutiny, particularly regarding the reissuing of phone numbers [8][9] Group 1: Incident Overview - A new user received a verification code for a music platform and accessed a celebrity's account, revealing issues with number reissuance by telecom operators [1] - The platform confirmed the incident and took immediate action to unlink the account from the new user's phone number [1] Group 2: Legal Implications - Accounts are viewed as virtual property under the law, with user rights and privacy protections outlined in civil law [6][7] - The handling of account access after the original user’s death raises questions about privacy and inheritance rights [7] Group 3: Responsibilities of Telecom Operators and Platforms - Telecom operators have a duty to ensure that reissued numbers are not linked to important accounts, though this is not an absolute guarantee [8] - Platforms must take necessary measures to protect user data and may face legal consequences for failing to do so [9][10]
这四类案件下月起由互联网法院集中管辖,最高法阐释调整意图
Xin Jing Bao· 2025-10-11 05:35
Core Points - The Supreme People's Court has issued new regulations for internet courts, centralizing jurisdiction over four types of internet-related cases starting from November 1, 2025 [1][2] - The new regulations expand the jurisdiction of internet courts to include cases related to data ownership, personal information protection, virtual property, and unfair competition [2][4] - Traditional internet-related cases have been removed from the jurisdiction of internet courts, which will now focus on new and complex cases [3][4] Summary by Sections Changes Compared to Previous Regulations - The new regulations add four categories of cases to the jurisdiction of internet courts, including data ownership disputes and personal information protection [2] - Previously, internet courts handled eleven types of disputes, but the new rules streamline the focus to more complex and emerging issues [2][3] Professional Capacity of Internet Courts - Internet courts have developed specialized judicial capabilities to handle new types of internet cases, having previously dealt with significant cases like the first national big data product ownership case [4] - The courts have a team of judges experienced in both law and technology, ensuring effective handling of disputes involving data and algorithms [4] Long-term Considerations - The concentration of jurisdiction in major digital economy hubs like Beijing, Hangzhou, and Guangzhou allows for a more effective response to cutting-edge legal issues [5] - The new regulations aim to clarify legal standards and unify the application of laws across different courts, addressing inconsistencies in the treatment of data-related disputes [5][6] - The adjustments are expected to enhance judicial protection of personal information and virtual property, while also regulating new forms of unfair competition in the digital space [6]
一年不登录就删号!游戏公司有权一键清零吗?
猿大侠· 2025-08-04 04:12
Core Viewpoint - The recent controversy surrounding NetEase's game account deletion policy has sparked significant backlash from players, who feel that the automatic deletion of accounts after one year of inactivity is unfair and constitutes a violation of their rights [1][2][3]. Group 1: Account Deletion Policy - NetEase's service agreement states that if a user does not log in for 365 consecutive days, the platform reserves the right to delete the account and all associated game data [2]. - This clause was first introduced in the updated agreement in November 2022 [2]. - Many players reported not receiving any notification regarding the deletion, and customer service responses were vague, further aggravating player dissatisfaction [3]. Group 2: Player Sentiment - Players expressed strong emotional responses, highlighting that their accounts contain years of memories and real monetary investments, equating the deletion to losing personal property without notice [4]. - Some players argued that even if they stop playing, it does not mean they relinquish their rights to their accounts [4]. Group 3: Legal Perspectives - Legal experts suggest that if game companies fail to provide reasonable notification or set unreasonable deletion timelines, such clauses could be deemed invalid and infringe on users' property rights [5]. - Courts have recognized game accounts as "virtual property," which includes not only usage rights but also certain ownership and disposal rights, especially concerning monetary investments made by players [5][6]. Group 4: Industry Comparisons - NetEase maintains that users do not own their accounts but have "limited usage rights," allowing the platform to enforce the deletion policy [6]. - In contrast, other major gaming platforms like Steam and Epic do not delete accounts or purchased content due to inactivity, indicating a different approach to user rights [6]. Group 5: Regulatory Context - Starting January 2025, California's digital goods protection law AB 2426 will require platforms to clarify that users receive "licenses" rather than ownership, aiming to prevent consumer deception [9]. - Despite this, the law does not authorize platforms to revoke user content without notification [9]. Group 6: Emotional and Ethical Considerations - Players desire to retain their accounts even if they are not actively playing, emphasizing the emotional and financial investments involved [10]. - There are calls for platforms to provide notifications, grace periods, and data backup mechanisms before account deletion, highlighting the need for more humane and transparent communication from companies [10][11].