If "Online wealth" becomes "digital heritage"

Perhaps most of the netizens are still young, perhaps people always seek "auspicious", so, probably very few people would imagine this "if" ... But "unlucky" things always happen, this is life. Our trainee reporter Yu We are in the Internet age, is the earliest human history in the virtual world left a large number of footprints, but also constantly leave "wealth", such as notes, photos, letters, is the record of life experience, is the witness of personal feelings, to themselves,　　Perhaps also to relatives, is a cumulative amount of "online wealth."　　Perhaps most netizens are still young, perhaps people always seek "auspicious", so, probably very few people think "if ' online wealth ' becomes ' digital heritage ' ...".　　However, if you really think that the "wealth" that you have left on the Internet is valuable, then I'm afraid you should think about it a little bit: if "wealth" becomes "legacy," should this "digital heritage" belong to the bosom of a loved one, or let it disappear into the virtual world? "Digital heritage" lawsuit people seek "auspicious", but "unlucky" things always happen.　　This is life.　　The family of US Marines, Justin Isleworth, and Yahoo, probably the most famous "digital heritage case" ever, sparked concern about the "digital heritage" and its succession issues. Isleworth was tragically killed in the execution of his mission in Iraq in 2004. His parents asked Yahoo to ask for his son's yahoo-mail password to get his son's words and save some of his memories of his son. The request was rejected by Yahoo. Can the "digital heritage" of the deceased family be inherited?　　Isleworth's parents took Yahoo to court and sparked a heated debate.　　In the end, the judge made a compromise verdict: Yahoo will isleworth mail in the mailbox, and so on, burning on the CD to his parents, but not to give the password.　　In China, which already has 420 million Internet users, Ms Wang's encounter has attracted a lot of attention recently. Ms. Wang's husband, Mr. Xu, was killed in a car accident, and she wanted her husband's QQ number in order to keep a souvenir of his mail and photos in his QQ mailbox. To Ms. Wang's help, Tencent refused, the reason is based on the agreement with the user, QQ number ownership owned by Tencent, the user only the right to use the number can not be treated as a personal property.　　So Ms. Wang began a lengthy consultation with Tencent. The network company's Digital product service agreement, most have similar to Tencent's this "the format clause".　　Google, Yahoo and other sites of the mail services are stipulated that only under the law, will audit the "digital heritage" eligibility for people, users can get the content of the message, but can not get the password. Protect Privacy vs. The latest statistics from the International Telecommunication Union show that as of the end of 2010, the number of global Internet users has reached 2.08 billion. This means that there are now about 1 Internet users in almost every 3 people on the planet, and many may leave "Digital Heritage ". Right now, the legal "digital heritage" is not clearly defined.　　However, according to "Common Sense", "digital heritage" should be placed in the Internet environment of personal digital content, including e-mail, Web diary, video, photo albums, as well as online game currency, individuals to buy and save e-books, movies, music ...　　Experts point out that the succession of "digital heritage", at present, there are two major problems, first, the legal positioning of "digital heritage" is not clear; second, many network operators and users of the agreement signed by the "Privacy protection" clause, which means that others can not get the user's digital content, of course, the exclusion of inheritance rights. Although it is a fictitious property, the value attribute of the ' digital heritage ' has been widely recognized, but there is no specific legal provision for the attribution of ' digital heritage '. "This makes people have difficulties in asserting their rights," Zhao Shehua, director of Shanghai Huazhong law firm, said in an interview with our correspondent. "Zhao Shehua said, regarding the legal orientation of the virtual property, there are three main viewpoints in the Law circle:" The property Right theory "thinks that since it is the network time, the fictitious property can be characterized as a special kind of goods, which is applicable to the provisions of the property law." Intellectual property said "that　　Virtual property is the crystallization of personal wisdom and labor of network users, creative, can be regarded as copyright to protect, "claims" is that the virtual property is based on network users and operators of the service contract relationship, there is a strong relativity. Weizhi, a professor at the law School of Guangxi Normal University, points out that the succession of "digital heritage" depends on the specific analysis, "between the protection of privacy and the desire of relatives to get the deceased's belongings, because the situation is complex, difficult to grasp." But many web companies have a format that needs to be read correctly-if the user does not explicitly state in the agreement that they are excluded from their own ' digital heritage ', then I think the ' digital legacy ' should be able to be inherited. "The cipher is written in the will." Some academics stressed that network operators providing digital services should consider the "humanistic concern": the "format clause" in those agreements, and the emphasis on "privacy protection" in the context of reality, but when the "digital legacy" and the new circumstances of its succession come out, it has to face the reality　　There is no need to rigidly stick to imperfect terms. At the same time, netizens seem to face the reality, think of their "online wealth" of "funeral arrangements." In the UK, a survey shows that more and more people have been or are prepared to write their cyber passwords into wills, leaving the "digital legacy" to relatives and friends. "I have a lot of precious memories to keep on the Internet, as well as music and digital magazines I've bought and collected, and I want to make sure that I leave these ' digital possessions ' to my loved ones and friends.　　"The 27-year-old British girl Kelly Hamol the" digital Legacy ", which she considers" worth about 10,000 pounds, "into a will. Others have opted for the "Digital Heritage Trust" service that is quietly emerging. In Britain and the United States, "estate insuranceRisk cabinets "and" Crisis recovery "and a number of special response to the" digital heritage "and similar issues of the Web site has emerged. Login to these sites, users can register some important network account information into the encryption protection space, and specify the successor of these private information.　　The website will contact the user regularly, if after the user specified time has not received the reply, the website will initiate the investigation, confirms the situation, will "loses contact" the user's registration account and the password sends to its designated successor. Liu Haisheng, vice president of the WTO Law Society of Zhejiang Province, believes that the ultimate weapon to protect the "digital heritage" remains the law. He told reporters, "the problem always arises before the amendment or increase of the legal provisions." With the continuous huge number of netizens, the disputes will inevitably increase, and ultimately to solve the problem at the legal level. Therefore, we need to improve the relevant laws as soon as possible according to new problems and new judicial practice, not only protect netizens, but also protect the legitimate rights and interests of network operators. "Share to: