虚拟财产纠纷中运营商的法律责任

Legal Liability of Game Businesses over Dispute on Virtual Property

虚拟财产纠纷的类型主要有玩家装备丢失,交易中发生欺诈,游戏终止时兑现,玩家使用外挂装备被删除或被封号。在这些虚拟纠纷中,玩家装备丢失运营商要承担安全保障义务,对游戏程序的不安全因素引起装备丢失的情况承担责任。对交易时的欺诈行为,运营商承担协助玩家举证的义务,帮助玩家追查装备的下落;游戏终止运营商对玩家的虚拟装备一般不予补偿;使用外挂发生虚拟装备的纠纷,运营商对玩家是否使用外挂承担举证责任,如确实使用有权对玩家予以惩罚。

The main types of disputes over virtual property are the loss of players＇ equipment, cheating in trades, payment in cash at the end of the game, and canceling or closing up of additional equipment when used by players. In these disputes, game businesses should take the obligation of security assurance when the loss of players＇ equipment happens, and should be held responsible for the loss of equipment caused by some insecure factors in the games＇ program. The game businesses have the obligation to show evidence to help retrieve the equipment for the players. Generally, the game businesses do not have to pay money for the virtual equipment when games are over. The game businesses have the obligation to produce evidence for the use of additional equipment if it is used, and then, the players would be punished.