So it went to court
A substitute is required to compensate for the loss。
After examination, the court found that
The trainee is a 50-year-old man
Uncle says
I've never played this game
So what happened
In recent days, the people's court of yuzhou in the city of guest city
One such case was heard。
Briefing
The plaintiff, li, registered the “peace elite” account with a micro-letter and accumulated 292440 points of credit in the game, equivalent to approximately $29244 yuan. On 26 december 2022, the plaintiff purchased a “peace elite” account sub-service at the game account design platform “cats”, at a cost of $1019, and placed its own game account on the “cats practice” platform. The accused began his training on 31 december. On 2 january 2023, the “peace elite” platform blocked the plaintiff's account for modifying the game code or data and using cheating to undermine the fairness of the game. When found, the plaintiff was brought before the court, claiming that the defendant's actions had led to the closure of the plaintiff's account, in the hope that it would compensate the plaintiff for its pecuniary losses。
As the state court took up the case, the defendant, mr. Wei, was a farmer who had no knowledge of the network and games and had never played games on the internet, and had been working at a gas station in a county like the canton from 31 december 2022 to 2 january 2023, with only a short break and no time or skills to play online. But who is he who does not have to fill out the names and id numbers of the surrogates to verify the sms? After an in-depth investigation and numerous inquiries, the judge found that the actual procurador was a minor nephew bear (alias)。
Following the addition of the bear (alias) as co-defendant under the law, the case was heard by a state court. After trial, it was found that the bear (alias) had entered the platform to verify the defendant's identity card and mobile phone number, and had submitted a deposit of $80, it began acting on 31 december 2022, and at 0313 hours on 2 january 2023, the plaintiff's “peace elite” account was blocked on the grounds that it had modified the game code or data and used fraudulent means to undermine the fairness of the game。
Briefing
As the state court has considered, the use of internet-based accounts as a virtual property of the network is protected by the relevant laws of our country. The plaintiff, li, therefore complied with the law by filing a civil action in court on the ground of damage to his virtual property. According to article 1165, paragraph 1, of the civil code, the perpetrator shall be liable for damage caused by his fault to the civil rights and interests of others. A complete violation requires four constituent elements: first, that the perpetrator has committed a civil offence; secondly, that the fact of causing damage to the property or person of others; thirdly, that there is a causal link between the violation and the consequences of the damage; and fourthly, that the perpetrator has a subjective fault of intent or negligence。
In that case, the subject matter of the closure of the game account was not clear and specific, not excluding the possibility that the third party had violated the use of the plugin or that the plaintiff had violated, for example, the licence and service agreements of the telecommunication company. The evidence provided by the plaintiff, which pointed to the infringer's lack of uniqueness and exclusiveness, claimed that the defendant's civil liability in the case was not sufficiently substantiated, for insufficient reasons, such as the absence of support by the state court according to law, and decided to dismiss the plaintiff's claim。
No appeal was filed by either party after the judgement was rendered, and the judgement has acquired legal force。
In online games, the use of outer hangers, auxiliary devices, surrogates, etc. Is the focus of the game company's strike, and the game user's agreement expressly prohibits the use of account codes to others in any form and suggests a risk, knowing that they are prohibited by the game, but knowing the risk, should be prepared for the idea that the game company may block the account. Users are advised to abide by game protocols when playing games, to play properly and to avoid game irregularities and adverse consequences。
Relevant legal provisions
Law of the people's republic of china on civil procedure
The parties to article 67 are responsible for giving evidence of their claims。
The people's court shall investigate the collection of evidence which the parties and their legal representatives are unable to collect for objective reasons, or which the people's court deems necessary to hear the case。
The people's court shall examine and verify evidence in a comprehensive and objective manner, in accordance with the procedure established by law。
Interpretation of the supreme people's court on the application of the civil procedure law of the people's republic of china
Article 90 the facts on which the party based its claim or on which the other party's claim is refuted shall be supported by evidence, unless otherwise provided by law。
Before judgement is rendered, the party who fails to provide evidence or where there is insufficient evidence to substantiate his or her claim is liable for adverse consequences。
Relevant platform service agreements
Articles 2. 6 and 4. 8 of the game licensing and service agreement of shenzhen city, teteng computer systems ltd. (hereinafter referred to as " tette " )
4. 8 you fully understand and agree that virtual video games and other value-added games services are part of the totem service, which allows you to obtain access to them under this agreement. The purchase, use, etc. Of video games, and other games value-added services are subject to the requirements of this agreement, the specific rules of the game, etc. At the same time, virtual tools of the game and other value-added services of the game may be subject to a certain period of validity, even if you do not use them during the specified period, except for force majeure or reasons attributable to the arraignment, which will expire automatically. If the virtual props and other game value-added services of the game in question do not indicate the duration of their use, or if the specified duration of use is “permanent” or other content with the same or similar meaning as “permanent” (e. G. “indefinite” “unlimited”), the duration of use is from the date on which you obtain the virtual props or other value-added services of the game until the date on which the game ceases to operate。
Source: people's courts of like counties and counties
