However, in judicial practice, due to the acquisition of online virtual property, players need to pay a lot of time and energy, as well as the cost of surfing the Internet and buying game time. Even if virtual property is traded, it directly forms an equivalent relationship with money. Therefore, in legal practice, many cases involving network virtual property are regarded as protected property.
You can go to court to file a lawsuit, but you may not find a legal basis. I will provide you with several precedents, hoping to help you:
1, 2004 1 1.9, the network supervision office of Guangzhou Public Security Bureau received an alarm from Guangzhou Netease Interactive Entertainment Co., Ltd., saying that some players' game accounts were stolen in the game "A Chinese Odyssey II". The police soon found out that a gamer named Yan Yifan had been playing online games of "A Chinese Odyssey" since 2002. In 2004, after short-term employment, Yan Yifan became the staff of the second anniversary celebration of Netease's "A Odyssey to the West II". By receiving gamers, Yan Yifan obtained more than 30 player files. So he forged the player's ID card, faxed a copy of the fake ID card back to Netease, and defrauded Netease to modify the security code of those players on the grounds that the security code was stolen. He took the new security code and sold the players' "equipment" in several internet cafes in Guangzhou, making a profit of nearly 4,000 yuan. The case was pronounced by the Guangzhou Intermediate People's Court. Yan Yifan, a "cyber thief", was convicted of theft for stealing other people's virtual property-online game equipment.
From this case, the public security and judicial organs have recognized the value of online virtual property, which is a part of personal property.
2、
On the morning of June 26th, 2007, Li Gang and Zhang, who worked in a technology company in Nanjing, rushed to the Criminal Police Brigade of Suixi County Public Security Bureau to report that their 18 "eve online" game card had been stolen. It turned out that in 2003, they spent 24,000 yuan to buy 24 game cards. In order to make the game card appreciate as soon as possible, in 2005, they opened an EVE game studio in Suixi County and asked people to help them play games together.
After investigation, Wang Tao and Wang Dong were suspected. "I know why you want to see me. I stole the password of Boss Li's' Eve Online' game card and stole 18 in total. " According to Wang Dong's confession to the police, on June 5438+065438+ 10, 2005, Wang Tao and Wang Dong's brothers came to Li Gang's EVE game studio to help play games. Later, because of the salary problem, the Wang brothers left the studio, but when they left, Dong Wang didn't get the salary of the month. 65438+In the early morning of February 6th, 2006, Wang Dong cracked Li Gang's account password of 18 game card and gave it to Wang Tao. Later, Wang Dong changed some equipment in six or seven accounts into game coins and sold them for more than 400 yuan.
There is no doubt that Wang Dong's behavior belongs to theft, but whether stealing virtual property constitutes a crime has aroused great controversy. After trial, the court held that virtual property, like light, electricity and heat, has certain property attributes although it has no certain shape, so it can be included in the category of intangible property, which conforms to the definition of "other property" stipulated in Article 92 of the Criminal Law. The total value of 18 game cards stolen by Wang Dong is 27,375 yuan, which belongs to theft and the amount is relatively large. In view of Wang Dong's good attitude of pleading guilty, he voluntarily surrendered himself before the public security organ grasped the facts of his crime and actively paid the fine, which can be dealt with lightly as appropriate. Accordingly, the Suixi County Court made the above judgment.
3. In the first half of 2004, Zhao Ming, an online game player in Taihe County, Anhui Province, was surprised to find that a large number of "best game equipment" he had worked so hard to buy were stolen. In order not to waste his losses, he took the game operator-Shanghai Shanda Network Development Co., Ltd. (hereinafter referred to as "Shanghai Shanda") to court. Although Chen Tianqiao, the legal representative of Shanda Company, one of the richest men in China, is not a heavyweight opponent, Zhao Ming finally won the lawsuit.
A few days ago, the People's Court of Taihe County made a first-instance judgment and ordered "Shanghai Shanda" to restore 34 kinds of "weapons and equipment" lost in Zhao Ming to two identity cards in Zhao Ming within seven days from the effective date of the judgment. Since then, the two sides reached a settlement through friendly negotiation: "Shanghai Shanda" resumed the "equipment" in Zhao Ming's game account within 3 working days after signing the "Implementation Settlement Agreement"; Zhao Ming agreed that "Shanghai Shanda" would freeze the recovered "equipment" for four months. ...
As a result, the case known as the first case of virtual property in Anhui finally settled.