Multiplayer network players because of a virtual "resurrection Ring" lost, the network company sued the court, asking the other party to return. The network tort dispute, has not previously had the legal norm to apply directly, but this year July 1 the Tort liability law has carried on the clear norm to the network tort responsibility. Recently, the Jingjiang court first used the law to conclude the case, asking the defendant to return the "Resurrection Ring." Player: Return my "Resurrection Ring" this year, 35-Year-old Hao has been Shanghai Shanda Network Co., Ltd. (hereinafter called Shanda Company), "Blood legend" of the players, the role of the game called "Will toast." January 12, 2009, he as usual into the game two areas, but found himself in the game account Resurrection Ring, King Sword, Tong Yun Dao Ring and so on 11 kinds of game equipment lost, that is, to police report, Jingjiang Public Security Bureau preliminary verification that the game equipment lost may be remote Trojan control. According to Jingjiang police request, Shanda Company to January 24, 2009, has returned Hao in addition to "resurrection Ring" other game equipment. "The Resurrection Ring" is worth 10000 yuan, and it is his lawful property, how can it not be returned? Hao to the Royal Company after many negotiations failed, this April will be sued in court. Internet company: Return? It is impossible to receive Jingjiang Court service of the prosecution material, the grand company to the court to send material said, January 2009, they according to Jingjiang police request, will have in Xinjiang player "ice Son" the hand of the "Resurrection Ring" frozen, the result "ice son" will they sue court. "Ice son" said, "Resurrection Ring" is her "blood legend" game, through and "will toast" PK obtained, they can not unreasonably frozen. In court proceedings, because they failed to provide evidence that "ice son" to obtain "resurrection ring" behavior is malicious or remote Trojan stolen, nor can prove that "ice son" behavior violates the normal rules of online games. As a result, local courts in Xinjiang ruled that they would return the "Resurrection Ring" to "ice," so it was impossible to return it to Hao. Court: The Internet company constituted tort Jingjiang after the court heard that the 36th article 3rd of Tort Liability Law of our country stipulates that the network service provider is aware that the network user uses the network service to infringe the civil rights and interests of others, and after receiving the notice and is idle to take the necessary measures, the enlargement part of the damage shall bear joint and several liability with the infringing user. Xinjiang Local court hears player "ice son" request the defendant return regarding with the plaintiff PK obtains this case "the Resurrection Ring" the lawsuit process, the defendant, as a network service provider, is not in a role to take the necessary measures to provide a record of the game data of the plaintiff and "ice son" PK's "Resurrection Ring". Without informing the plaintiff about the lawsuit, the plaintiff lost the equipment and infringed the plaintiff's property rights. As a result, the Jingjiang court eventually found that the plaintiff's claim to return the "Resurrection Ring" was in accordance with the law and supported. Editor's note: This site reproduced this article only for the purpose of providing information dissemination, the site is not responsible for its authenticity.
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