Regulations on the protection of game virtual currency
On June 28, 2009, the Ministry of culture and the Ministry of Commerce jointly issued the "notice on strengthening the management of virtual currency in online games", which made it clear that virtual currency is expressed in the form of prepaid recharge card, prepaid amount or points of online games, but does not include game props obtained in game activities; Virtual currency shall not be used to pay for, purchase physical procts or exchange for any procts and services of other enterprises< The following is the full text of the Circular of the Ministry of culture and the Ministry of Commerce:
the Circular of the Ministry of culture and the Ministry of Commerce on strengthening the management of virtual currency in online games
the cultural departments (bureaus) and commercial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government, the Cultural Bureau and commercial bureau of Xinjiang proction and Construction Corps, Beijing, Tianjin, Shanghai and Chongqing Ningxia Hui Autonomous Region Cultural market administrative law enforcement corps:
with the rapid development of online games, online game virtual currency is widely used in online game business services. The virtual currency of online games not only promotes the development of online game instry, but also brings new economic and social problems. Mainly reflected in: first, the lack of protection of user rights and interests; Second, market behavior lacks supervision; Third, the online game virtual currency in the use of disputes
in order to standardize the operation order of online game market, according to the spirit of Interim Provisions on Internet culture management, notice on Further Strengthening the management of Internet cafes and online games (Wen Shi Fa [2007] No. 10) and notice on standardizing the operation order of online games and banning the use of online game gambling (Gong Tong Zi [2007] No. 3), etc, With the consent of the people's Bank of China and other departments, the notice on strengthening the management of virtual currency of online games is as follows
1、 (1) the virtual currency of online games mentioned in this Notice refers to the virtual currency issued by online game operators, which is purchased directly or indirectly by game users using legal tender in a certain proportion, and exists outside the game program and stored in the server provided by online game operators in the form of electromagnetic recording, And a virtual exchange tool expressed in specific digital units. Online game virtual currency is used to exchange the online game services provided by the issuing enterprise within a specified scope and within a specified time. It is expressed in the form of prepaid recharge card, prepaid amount or points, but does not include the game props obtained in the game activities
(2) cultural administrative departments should strictly enforce market access and strengthen the management of online game virtual currency issuers and online game virtual currency trading service providers. Those engaged in the business of "online game virtual currency issuing service" and "online game virtual currency trading service" shall be managed in accordance with the "decision of the State Council on Setting Administrative License for administrative examination and approval items that really need to be retained" (Order No. 412 of the State Council) and the "Interim Provisions on the administration of Internet culture". All enterprises providing the above two services must meet the relevant conditions for the establishment of operational Internet cultural units, apply to the provincial cultural administrative department where the enterprises are located, and report to the Ministry of culture for examination and approval after the initial examination by the provincial cultural administrative department“ Online game virtual currency issuing enterprises refer to online game operation enterprises that issue and provide virtual currency service“ "Online game virtual currency transaction service enterprise" refers to the enterprise that provides platform service for online game virtual currency transaction among users. The same enterprise shall not operate the above two businesses at the same time
(3) in addition to submitting relevant materials in accordance with the law, enterprises applying to engage in the business of "online game virtual currency issuance service" must submit the form of virtual currency expression, scope of issuance, unit purchase price, return method at the time of service termination, user purchase method (including cash, bank card, online payment, etc.) in the business development report User rights protection measures, technical security measures, etc< (4) engaging in the business of "online game virtual currency trading service" must comply with the relevant provisions of the competent department of Commerce on e-commerce (platform) services. In addition to the materials submitted in accordance with the law, such enterprises should submit the service (platform) mode, user purchase method (including cash, bank card, online payment and other purchase methods), user rights protection measures, user account binding with real name bank account, technical security measures, etc. in the business development report< (5) enterprises that have engaged in online game virtual currency issuing or trading services shall apply to the cultural administration department for relevant business operations within three months from the date of printing and distributing this circular. Those who fail to apply within the time limit shall be investigated and dealt with by the cultural administrative department in accordance with the Interim Provisions on the administration of Internet culture. A of the approval document from the cultural administration department shall be sent to the Ministry of Commerce and the people's Bank of China< (6) online game operators should issue appropriate amount of online game virtual currency according to their own business conditions and proct operations. Malicious issuance for the purpose of occupying prepaid funds is strictly prohibited. The total amount of virtual currency issued by online game operation enterprises shall be submitted to the provincial cultural administrative department of the place where the enterprise is located on a quarterly basis
(7) except for legal currency purchase, online game operators shall not provide online game virtual currency to users in any other way. When issuing online game virtual currency, online game operators must keep users' recharge records. The storage period of the record shall not be less than 180 days from the date of user recharge< (8) the use of online game virtual currency is limited to the virtual services provided by the issuing enterprise itself, and shall not be used to pay for or purchase physical procts or exchange for any procts or services of other enterprises< (9) online game operators should take necessary measures and complaint handling proceres to protect the legitimate rights and interests of users, and explain them in a prominent position on the website where the enterprise provides services to users
(x) in case of disputes in the use of virtual currency in online games, the user shall present a valid personal identity card consistent with the registered identity information. After verifying the identity of users, online game operators should provide virtual currency recharge and transfer records, and handle them according to the complaint handling proceres. When the legitimate rights and interests of users are infringed, online game operators should actively assist in obtaining evidence and coordinating solutions< (11) if an online game operator plans to terminate the provision of its procts and services, it shall make an announcement 60 days in advance. When the service is terminated, for the virtual currency that the user has purchased but has not used, the online game operator must return it to the user in legal currency or other ways accepted by the user
if the online game service is interrupted continuously for 30 days e to the stop of service access, technical failure and other reasons of the online game operation enterprise, it shall be deemed to be terminated
(12) online game operation enterprises shall not change the unit purchase price of online game virtual currency. When new types of virtual currency are issued, they shall report to the cultural administration department for record according to the materials listed in Article 3 of this circular
(XIII) if online game operators do not support online game virtual currency transactions, they should take technical measures to prohibit the transfer function of online game virtual currency between user accounts
(14) when providing online game virtual currency related transaction services, online game virtual currency transaction service enterprises must require sellers to register with their real names by using valid identity documents, and require them to bind domestic bank accounts consistent with the real name registration information. Online game virtual currency transaction service enterprises must keep relevant transaction records and accounting records among users, and the retention period shall not be less than 180 days from the date of transaction< (15) online game virtual currency trading service enterprises should establish accountability system and technical measures for illegal transactions, strictly screen the authenticity of trading information, and prohibit illegal transactions. Knowing that the virtual currency of online games is illegally obtained or reported and verified, the false transaction information should be deleted and the transaction service should be terminated in time< (16) online game virtual currency trading service enterprises shall not provide trading services for minors
(17) online game virtual currency issuing enterprises and transaction service enterprises should actively take measures to protect personal information security. When relevant departments investigate according to law, they must actively cooperate and provide relevant records
(18) if online game operators provide virtual currency transfer services between users, they should take technical measures to keep the transfer records, and the relevant records should be kept for no less than 180 days< (19) all localities should cooperate with the public security organs to strictly punish online games with gambling color in accordance with the requirements of the notice on regulating the operation order of online games and banning gambling with online games (GTZ [2007] No. 3) issued by the Ministry of public security, the Ministry of culture and other departments, We will severely crack down on the illegal and criminal activities of gambling by using the virtual currency of online games
(20) online game operators are not allowed to allocate game props or virtual currency by drawing lots, betting, random selection and other accidental means on the premise that users directly invest cash or virtual currency
(21) online game virtual currency issuing and trading service enterprises should actively cooperate with the management department and take technical measures to crack down on "number theft", "private service" and "plug-in"
(22) the Ministry of culture shall notify the people's Bank of China of online payment services provided on the "private service" and "plug-in" websites of online games recognized by the Ministry of culture< (23) the cultural administrative departments at or above the provincial level shall investigate and deal with the enterprises that engage in the issuance and trading services of online game virtual currency without permission in accordance with the Interim Provisions on the administration of Internet culture
(24) for the online game virtual currency issuing and trading service enterprises that violate the requirements of this circular, the cultural administrative department and the competent commercial department shall notify them to rectify within a time limit. Those who fail to rectify within the time limit shall be investigated and dealt with by relevant departments according to law
(25) establish a coordination mechanism for the management of virtual currency in online games, and intensify the crackdown on illegal activities such as "number theft", "private service", "plug-in", illegal profits, money laundering, etc. All departments should regularly communicate, coordinate and cooperate with each other, timely report the relevant situation, and do a good job in the management of online game virtual currency within their respective responsibilities
(26) the online game virtual currency issued by the online game operation enterprise shall not coincide with the name of the props in the game. The administrative provisions for props in online games shall be formulated separately by the cultural administrative department of the State Council in conjunction with relevant departments
notice is hereby given<
Ministry of culture
Ministry of Commerce
June 4, 2009
scope of use of virtual currency: it is not allowed to pay for the purchase of physical procts
the notice also clearly points out that the scope of application of virtual currency of online games is limited to the exchange of virtual services provided by the issuing enterprise itself, and shall not be used to pay for, purchase physical procts or exchange for any procts and services of other enterprises< It is worth noting that the above "notice" points out that the cultural administrative departments should strictly enforce market access, strengthen the management of the issuers and transaction service providers of online game virtual currency, and require the same enterprise not to operate online game virtual currency issuance and transaction business at the same time
of course, cryptocurrencies such as bitcoin, Leyte and decent are not in its scope.
some game players affirm the value of online game point card, and some famous online game companies have given this point card credit. Therefore, in such a specific group, online game point card is likely to become currency. Virtual currency is nothing more than the main currency. In China, the only currency recognized and allowed to circulate in the market by the state is RMB.
but are these "virtual properties" private property? Is the property right of network "virtual property" protected by law? One view is that "virtual property" is obtained by players in the game, and its acquisition mode and state are determined by the rules of the game. It belongs to a part of the game content, so its ownership belongs to the operator, and the players only have the right to use it. Another point of view is that the "virtual property" is obtained by the players through their own efforts, while the operator only stores the data, so the ownership of the "virtual property" belongs to the players
the author agrees with the latter point of view, although "virtual property" is generated from the server of a specific game operator and can only be stored on that specific server, the generation and change of "virtual property" is not controlled by the operator, but the result of specific behavior of players when they accept the service of the operator, The type and quantity of specific virtual characters and properties are completely determined by the player's own activities. The operator only provides the service and the corresponding custody of the game time. Therefore, the ownership of "virtual property" should belong to the player, not the operator. The operator only keeps the data on the server, and has no right to modify it arbitrarily
Second, "whether virtual property" has property value
according to the traditional point of view, the property and identity obtained by players in the game are completely virtual, just the content information in a specific game, just like the score obtained in the game, which itself has no value. But the author thinks that online games are not as simple as traditional games. In online games, players can improve their level and obtain "virtual property" through specific behaviors within the scope of game rules. These virtual identities and properties are not only recording data, but also have certain value significance. Today, the network has penetrated into all aspects of social life, people can carry out business, consumption, creation and other activities through the network, and the data generated is generally considered valuable. So the "virtual property" data generated by online games is of course valuable. Moreover, the "virtual property" of players not only has use value in the game, but also has become a tradable commodity e to the formation of demand. Virtual props and properties in the game are often auctioned on major auction websites. Operators sell virtual props and properties to players in order to open up the market, and offline transactions between players also develop rapidly, It has formed a certain scale, and even appeared the occupation of agent training level and then selling the game account to obtain income. In this way, although the "virtual property" in the game often loses its significance after the termination of the operation of the game, once it is proced, it has been independent and has a certain property value
according to Marx's economic theory, value is reflected by use value and measured by exchange value. The "helmet", "armor" and other weapons and equipment obtained by online game players through training or purchase are obtained by players who spend time, money and energy. They should be regarded as labor income and belong to the scope of private property. This kind of property has both value and use value and can be transferred. In terms of content, it is a kind of intellectual achievement, close to intellectual property rights. There are intangible property provisions in the general principles of China's civil law, so "virtual property" is also a form of property prescribed by law< Third, the legal basis of the legal protection of "virtual property" is relatively backward in China's law. In China's current law, only citizens' legitimate income, savings, housing and other legitimate property are recognized, but the legitimacy of "virtual property" is not clearly defined The data of "virtual property" is not stipulated in the consumer rights protection, and the rights of players to virtual data do not belong to any of the nine consumer rights stipulated in the consumer rights protection, which makes the claims of "virtual property" in an embarrassing situation. But the author does not fully agree with this view, we should look at the content of property with a dynamic perspective. With the development of economy and society, the content of property has expanded, and the means of enjoying property are more abundant. To understand property from the perspective of behavior, that is, what you have the right to do and what you have the right to obtain, and this kind of behavior can be measured by money in the end. From this point of view, property has expanded into an interest. In the colorful modern society, it is wrong to confine property to material objects
in the course of civil law, property is also divided into three types: one is static property, that is, property rights, including ownership. The second is dynamic property, which is the property in the transaction. For example, when you enter into a contract, you have to give money to others when you buy something. Property is the property in the transaction. The third kind of property is intangible property, such as intellectual property, patent, right and trademark rights. These three are the three kinds of property commonly used in the world. Should there be a kind of "virtual property" in the network now? I think we should see that it is also a kind of property, or attribute the "virtual property" to a specific intangible property, so that in the existing law, when the network "virtual property" is infringed or stolen, there is a law to follow, It will not cause the claim of property rights of "virtual property" into an embarrassing situation
the author thinks that "virtual property" has the following characteristics: (1) it can be modified. With the time and investment of players participating in online games, the relevant parameters of the ID change 2) It's tradable. Just because these parameters can be modified, they can be traded, transferred, and transferred. Just like real-life housing transactions, the index of one ID can be added to another ID through transfer 3) Linked to money. This parameter is related to the investment and time of players. You can not only entrust other players to "practice" to improve the level, but also directly buy other players' equipment, and you can get it from online games 4) It can be quantified. The transaction of virtual property based on online games is not concive to the fair competition of online games. It is not the legal way to get rich advocated by our socialist countries, so it is considered illegal. But the value of online game related equipment can be quantified. Take "legend" game as an example, if a beginner wants to "practice" to level 38, he will spend thousands of yuan on Internet and game cards, and also need to pay a lot of time and energy. Therefore, it can be included in the scope of civil law protection, with actionability
throughout the world, it has become a trend to recognize network "virtual property" in legislation and judicature. In South Korea, where online games are developed, the value of "virtual property" is clearly recognized in legislation and judicature, and it is stipulated that virtual characters and virtual goods in online games have property value independent of service providers. Service providers only provide a place for the private property of game players, and have no right to modify and delete it wantonly. It can be seen that in law, there is no essential difference between the nature of this "virtual property" and the money stored in the bank account. Taiwan, Hong Kong and other regions of our country have issued relevant laws, and there have been precedents of criminal judgments on infringement of network "virtual property". Just recently, Taiwan's relevant departments have made regulations to determine that the "virtual property" and accounts in online games belong to the "electromagnetic records" existing in the server, which can be regarded as movable property and part of private property in the crime of fraud and theft. Stealing other people's "virtual property" in online games will be regarded as a crime and can be sentenced to three years' imprisonment< Fourth, the legal protection of "virtual property" needs to be improved.
as far as the current situation is concerned, the "virtual property" of online game players is stolen, which is basically not up to the level of "Internet crime" stipulated in the new criminal law, and there is a blind area for the concept of "property" in the regulations on public security management and punishment. Although many experts agree that "virtual property" * * ", they also admit that even if the law can establish the legitimacy of" virtual property ", if there is no key operational rules, there will be some tests in the implementation.