"Your account has been banned for violating the rules for a period of 3,650 days." Ke, a 23-year-old Fujian man, was shocked when he received the information that his game account had been blocked for 10 years - because he had recharged the account with more than 100,000 yuan in a few years.
Afterwards, Ke soon learned that his game account was blocked because he had rented the account to Jia in Mianyang, Sichuan, but Jia secretly logged in to the account and used it in violation of regulations after the lease ended, and was banned.
On June 3, the judge of the Mianyang Youxian Court told the Red Star News reporter that Jia is currently under the age of 19 and has no fixed income. After communicating with him to no avail, Ke sued the Youxian Court for compensation of 100,700 yuan and interest.
Recently, after mediation, Ke agreed that Jia would compensate 20,000 yuan through installments.
The mediation in court was successful
Sealed Decade:
He recharged 100,000 yuan to the game account in a few years
After the expiration of the leaser, he secretly logged in, and the "plug-in" was banned
Fujian guy Ke is 24 years old this year, is an elite player of a certain game, since a few years ago, in order to upgrade the account, he spent a lot of time and energy, and successively recharged to buy game equipment.
When his game account reached a certain "level", Ke began to rent his account on the online trading platform. Jia from Mianyang, Sichuan Province is also a fan of the game, and on July 5, 2023, after the two met on an online trading platform, they added WeChat to each other.
"Hello, I see that you can rent a game account here, right?" Jia asked on WeChat.
"Yes, my account here has an hour, a day, a week, and a month. You can rent it for an hour to experience it first, and you're guaranteed to have a good time! Ke replied.
In this way, the two agreed that Jia rented Ke's game account for 1 hour at a rent of 30 yuan. After logging in to the game, Jia found that Ke's game equipment was "luxurious" and immediately fell in love with it. But 1 hour was too short, and as soon as the time arrived, Jia was "squeezed" off the line.
After going offline, Jia always remembered the game account, so he tried to log in again on July 14. Surprisingly, the game account password was not changed, and Jia was overjoyed to play. After playing a few rounds, he didn't feel like it was enjoyable, and he also used "plug-ins" to increase his winning rate. Subsequently, the system detected that Jia was using a "plug-in" and immediately blocked the account.
"Your account has been banned for violating the rules for a period of 3,650 days." On the other hand, Ke also received information that his game account had been blocked for 10 years. Ke was very surprised, because in the past few years, he has recharged up to 100,700 yuan for the game account.
Through IP query, Ke found that his game account was logged in Mianyang, Sichuan, so he quickly learned that Jia secretly logged in and used "plug-ins" in violation of regulations, which led to the closure of his game account.
Prosecuting a Claim:
He demanded compensation of 100,000 yuan and interest
The court mediated, and the lessee compensated 20,000 yuan in installments
After learning what Jia had done, Ke communicated with him and asked him to compensate for the loss, but the repeated communication was ineffective. In desperation, Ke sued Jia in court, requesting that Jia be ordered to compensate 100715 yuan for economic losses and interest.
Ke said in the complaint that on July 5, 2023, the two added WeChat, and after communication, the two parties reached an agreement: the defendant rented a game account of the plaintiff, and after the plaintiff assisted the defendant in successfully logging in to the account, the defendant paid rent to the plaintiff. On July 14, the defendant logged in to the plaintiff's game account and used a "plug-in" without the plaintiff's consent, resulting in the game account being blocked for 3,650 days. The plaintiff had recharged 100715 yuan in this game account, and spent a lot of time and energy on the upgrade of this account, and the defendant's behavior seriously infringed on the plaintiff's interests.
On June 3, Jian Hong, president of the Xinyi Court of Mianyang Youxian Court, told the Red Star News reporter that Jia admitted that he secretly logged into the game account and used "plug-ins", but said that he had no regular income and could not afford to compensate for the high costs.
The reporter learned that Jia was born in 2005, his parents divorced, he lived with his father, but his father worked outside all the year round, and he lived with his elderly grandfather.
Jian Hong introduced that after accepting the case, she sorted out the case in detail and decided to organize mediation between the two parties. Jian Hong pointed out that Jia secretly logged into Ke's account after the lease expired, and knew that the "plug-in" might lead to the banning of the account but still used it, causing the loss of Ke's virtual property, which has constituted infringement on Ke; On the other hand, although Ke recharged 100,700 yuan, the recharge time was different, and Ke had partially enjoyed the game experience brought by the recharge, so the recharge amount could not be completely equivalent to the actual damaged amount.
At the same time, considering the actual situation of Jia's family, Jian Hong suggested that Ke appropriately reduce the amount of the claim. Under Jian Hong's full mediation, Ke finally agreed to Jia's compensation of 20,000 yuan through installments.
Judge's Analysis:
Infringing on the online virtual property of others due to fault
shall bear the corresponding liability for compensation
Jian Hong introduced that after the promulgation and implementation of the Civil Code of the People's Republic of China, online virtual property has become more and more well-known to the public. Article 127 of the Law stipulates: Where the law has provisions on the protection of data and network virtual assets, follow those provisions.
There are three main forms of online virtual property: first, virtual property in online games, including game accounts, "currency", "equipment", "pets" and other properties; The second is the virtual property in the virtual community, including the virtual community account, currency, points, user level, etc.; The third is other virtual assets stored on the network, including WeChat ID, Douyin account, QQ account, e-mail, etc.
Jian Hong said that the virtual assets such as online game accounts and corresponding equipment in this case can meet the spiritual needs of players, and have property interests and general commodity attributes, so it is necessary to protect them. Where the perpetrator infringes upon the online virtual property of others due to fault, they shall bear corresponding liability for compensation.
At the same time, Jian Hong introduced that with the sharp increase in users in the online game industry, players often make high monetary investment in game accounts, and the value of rights and interests such as equipment props, characters, and skins gradually increases, forming virtual property. However, there are certain obstacles to the determination of the value of the game number, which is the premise and basis of the judgment of property dispute cases. Obviously, the value of an online game account cannot be determined simply by the amount of game recharge, and the determination of the value of a game account in judicial practice needs to be comprehensively judged based on various factors such as the official price of the game, replacement cost, market current price, and the time of being banned.
Zhang Li, Red Star News reporter Tang Xiaojun
Editor: Guo Zhuang Editor: Feng Lingling
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