随着网络直播和短视频行业的发展，网络账号的流量价值与日俱增。与此同时，因网络账号实名认证人 与实际使用人不一致引发的争议频发，尤其是员工离职后，员工在岗期间因工作需要实名注册的短视频 账号的权属如何认定？员工离职后删除短视频账号内的视频是否需要赔偿？ 【法院审理】 注册案涉账号是职务行为 北京四中院经审理认为，其一，关于案涉账号的归属，在双方未约定或约定不明时，除考虑网络账号名 义上的注册人外，还应当综合考虑账号注册、使用、管理和收益等实际情况，按照诚信原则和公平原则 合理确定。在案证据可以证明小黄注册案涉账号是职务行为，且软件公司对案涉账号经济价值的增长有 物质性投入和贡献，在案证据无法证明案涉账号与小黄之间形成高度黏性，人身属性较弱，因此案涉账 号的使用权和收益权应归属于软件公司。 其二，小黄在离职后利用其案涉账号实名认证人的身份实现对案涉账号的控制，未经软件公司允许使用 账号内的虚拟币并删除或隐藏了案涉账号内的视频，导致案涉账号粉丝量下降，小黄的行为主观上存在 过错，客观上侵害了软件公司对案涉账号享有的网络虚拟财产权益。 近日，北京市第四中级人民法院审结了这样一起案件，员工擅自删除了粉丝数超100万的短 ...

A公司是某款手机游戏的运营方，丁某为该游戏玩家。A公司在该游戏中推出自由贸易功能，玩家可在 游戏的交易市场内用金币购买和出售道具魔石。丁某在非游戏平台内与从事魔石交易的玩家联系，按 100元购买3200个魔石的单价执行交易。后来，丁某用这些魔石在游戏商城通过兽魂玩法换取更多的魔 石，再出售获取经济利益。在持续的交易过程中，丁某因概率机制亏损69万元后便诉至法院。 法院审理后认为，A公司和丁某之间订立有《网络游戏使用协议》，协议约定用户不得在任何非A公司 事先认可的其他平台进行交易。丁某为寻求经济利益，自信能以场外交易的方式通过兽魂玩法赚取金 钱，由此在与玩家进行场外魔石的购买和回售中产生的亏损，应由其自行承担。 法官提醒 网络游戏账号具有财产利益属性和一般商品属性，属于网络虚拟财产。网络游戏用户对创建的账号、角 色和获取的虚拟财产享有权利，该权利受法律保护。当民事主体所有的数据、网络虚拟财产遭到非法侵 害时，可通过法律手段维护自身合法权益。 根据民法典第五百七十七条的规定，当事人一方不履行合同义务或者履行合同义务不符合约定的，应当 承担继续履行、采取补救措施或者赔偿损失等违约责任。违约责任属于财产责任，是对于 ...

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]

王利明 □2025年是民法典实施的第五年。广大民法学者以习近平法治思想为指导，面向市场经济、面向科技发 展、面向司法实践，提出了许多富有建设性的学术观点，有力推动了中国民法学自主知识体系的构建， 为全面有效实施民法典提供理论支撑。 □民法典颁布后，我国民法学研究从立法论时代迈向解释论时代，法学方法论研究的重要性日益凸显， 并成为民法学研究的重要课题。中国应构建自主的法释义学体系，以服务于立法与司法实践。 □"十五五"规划建议强调，"坚持和落实'两个毫不动摇'，促进各种所有制经济优势互补、共同发 展。""依法保障人身权、财产权、人格权，健全规范涉企执法长效机制，防止和纠正违规异地执法、趋 利性执法。"这必将为民法典的全面有效实施和民法的发展、完善提出新的要求，注入新的动力。 2025年是民法典实施的第五年。在过去一年中，民法典实施中出现的新情况、新问题急需回应，大数 据、人工智能的发展迫切需要依法治理，高水平市场经济体制的构建需要法治充分保障。广大民法学者 以习近平法治思想为指导，面向市场经济、面向科技发展、面向司法实践，提出了许多富有建设性的学 术观点，有力推动了中国民法学自主知识体系的构建，为全面有效实施民 ...

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]

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].

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]

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]

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].