Li Hongchen v. Beijing Arctic Ice Technology Development Co. Ltd.,
This is generally is regarded as the first instance of ‘virtual theft’ being recognised by a court. The case concerns virtual items taken from a player’s account through some form of account hacking. The case was brought by the victim of the theft against the game company (rather than the other player) as the company refused to re-instate the virtual items.
While the details of the case are slightly complex, the final judgment (over turning an appeal) found that the game publisher has a duty of care to its players, and specially that in this case its security systems were insufficient to ensure that virtual items could not be transferred out of players account through hacking and that this act constitutes theft.
Li Hongchen claimed that when he logged into his account “President” on 17 February 2003 he found that all the contents, including such things as: ‘2 poisons’, 1 God of War’ had been sent to account SHUILIU0011. He asked for the details of the account but Arctic Ice refused to provide these as it would breach the personal privacy of the other player, they also stated that the action had nothing to do with them as the security of the account is the player’s responsibility. It seems like some of the items in question were generated through game play and some through ‘pet cards’ individual payment for a given item.
When the matter eventually went to court Arctic Ice made a number of general and very specific claims:
- the security of a player account is their responsibility (as defined in the ToS), hence any thefts form the account are the player’s responsibility;
- players are obliged to maintain standards of security and loss due to failure to meet this contractual obligation is their liability;
- operator obligations under Consumer protection law should be limited;
- virtual items are a ‘pile of data’ and do not constitute a ‘thing’ under Chinese Civil Law;
- there are three possibilities for why the items where no in the account: (1) stolen, (2) hacked at a network level, or (3) given away – and that the player could not prove that it was (1); and
- the account in question was not the players as it did not have the player’s name associated with it.
Li Hongchen made a number of counter claims:
- the account was his, and though he had used pseudonyms, the phone number on the account was his. Moreover he evidenced things such as game CD ROM, game cards and a whiteness; and
- while the ToS were agreed to when he initially registered for the game, the ToS were no displayed during the account re-charge process
The court found for Li Hongchen in respect of the return of the virtual items and costs, including the travel costs of his witness. Li Hongchen’s claim of compensation for ‘mental damages’ was not held.
Google Translate version of the final Judgment:-
Civil written judgment
Beijing Second Intermediate People’s Court Lihong Chen, entertainment services company that Arctic ice v. Civil Judgement (2004) II, the first 02,877 words Min No. Final appellant (plaintiff) Lihong Chen, male, November 8, 1980 birth, Han , China Netcom Communications Group, Chengde, Hebei Province
北京市第二中级人民法院审理李宏晨、北极冰公司因娱乐服务合同纠纷案民事判决书(2004)二中民终字第02877号 Beijing Second Intermediate People’s Court Lihong Chen, entertainment services company that Arctic ice v. Civil Judgement (2004) II No. Min Zhong Zi No. 02877
上诉人（原审原告）李宏晨，男，1980年11月8日出生，汉族，中国网通集团河北省通讯公司承德分公司职员，住河北省承德市双桥区小佟沟教委家属楼1单元901号。 The appellant (plaintiff) Lihong Chen, male, November 8, 1980 birth, Han, China Netcom Communications Group, Chengde, Hebei Province branch staff, live in Chengde City, Hebei Education Commission Shuangqiaoshan family wings of Small Unit 1, Tong groove 901.
上诉人（原审被告）北京北极冰科技发展有限公司，住所地北京市朝阳区高原街2号。 The appellant (the trial the defendant) Beijing Arctic Ice Technology Development Co., Ltd., domicile plateau Street, Chaoyang District, Beijing No. 2.
法定代表人赵利杰，执行董事。 Zhao Lijie legal representative, the Executive Director.
委托代理人邱治国，男，北京北极冰科技发展有限公司副总经理，住北京市西城区粉子胡同2号。 Agent Qiu Zhiguo, male, Beijing Arctic Ice Technology Development Co., Ltd. Vice President, Xicheng District, Beijing powder will live in the 2nd alley.
委托代理人胡刚，北京市中昌律师事务所律师。 Attorney Hu Gang, Chang Law Firm in Beijing.
上诉人李宏晨、北京北极冰科技发展有限公司（以下简称北极冰公司）因娱乐服务合同纠纷一案，不服北京市朝阳区人民法院（2003）朝民初字第17848号民事判决，向本院提起上诉。 Appellant Lihong Chen, Beijing Arctic Ice Technology Development Co., Ltd. (hereinafter referred to as the Arctic ice company) for the case of entertainment contract dispute, refused to accept Beijing Chaoyang District People’s Court (2003) towards the Republic of China Zi No. 17848 civil judgments, this court filed appeal. 本院受理后，依法组成合议庭公开开庭进行了审理。 After accepting the case, according to a collegial panel composed of an open court session. 李宏晨及北极冰公司之委托代理人邱治国、胡刚到庭参加诉讼。 Lihong Chen and Qiu Zhiguo agent Arctic Ice Company, Hu Gang present at the proceedings. 本案现已审理终结。 The end of the court session.
2003年8月，李宏晨起诉至原审法院称，我是大型多人在线收费网络游戏“红月”的玩家之一，北极冰公司是该游戏的经营者。 August 2003, Lihong Chen prosecution to the trial court said that, I’m massively multiplayer online subscription network game “Luna,” one of the players, the Arctic ice is the operator of the game. 我通过购买其发行的多种游戏卡进入游戏获得游戏时间及一些虚拟装备。 I bought the issue through a variety of game cards to enter the game get game time and some virtual equipment. 2003年2月17日，我发现自己在红月优雅处女服务器的ID“国家主席”内所有的虚拟装备丢失。 February 17, 2003, I found myself in the elegant Luna virgin server ID “President” of all the virtual equipment is lost. 事后我与北极冰公司联系，北极冰公司仅能查询装备的流向：寄给玩家SHUILIU0011。 Later I contact with the Arctic ice, the Arctic ice company can only check the flow of equipment: send players SHUILIU0011. 我索要盗号者的具体情况时被北极冰公司以“玩家资料属个人隐私，不能提供”为由拒绝。 I ask for the specific circumstances of hacking ice in the Arctic when the company was “the player information is personal privacy, can not provide” refused. 我到公安机关报案，亦未能解决。 I made a report to public security organs, also failed to resolve. 北极冰公司还称，玩家帐号应由玩家自己保管与维护，发生盗用时，应立即自行更换密码，帐号盗用期间所发生损失由玩家自行负责，玩家装备丢失与公司无关。 The company also said the Arctic ice, the player account custody and maintenance by the players themselves, the occurrence of theft, they should immediately change their own passwords, account losses that occurred during the theft by the players themselves, players and equipment loss has nothing to do with the company. 我认为北极冰公司对连线游戏的连线质量和数据的完整性不予保障并对相关损失不负责任的声明是侵犯消费者知情权及人身、财产安全保障权的无效行为，故要求北极冰公司承担损失赔偿责任。 I think the Arctic ice the game company’s connection to the connection quality and data security and integrity of the losses are not irresponsible statements is a violation of the consumer right to know and personal and property safety of the right to void security act, and called for the Arctic liability company to bear the loss of ice. 我丢失的虚拟装备主要有：生化装备10件、毒药2个、生命水2个、战神甲1件等。 I lost the virtual equipment are: biochemical equipment, 10 pieces, poison 2, 2 water of life, God of War A one and so on. 还有价值158元的大礼包，价值88至100余元的宠物卡。 There is a gift package worth 158 yuan, worth 88-100 yuan pet card. 我要求北极冰公司双倍赔偿我大礼包2 个、宠物卡16张，对其他虚拟装备进行回档，如无法回档，每件宠物装备价值200元，战神甲及其他装备价值约500元，按此标准进行赔偿。 I asked my Arctic ice spree Double Indemnity Company 2, 16 pet cards, were retreated with other virtual equipment, such as not retreated, each pet equipment worth 200 yuan, a god of war and other equipment worth about 500 yuan According to this standard for compensation. 另我丢失的两个“毒药”，在事发后游戏的一次活动中已经统一升级更换，要求北极冰公司赔偿我更换后的装备献祭之石两个。 I lost the other two “poison” in an event in the game after the incident have been unified upgraded replacement, the company requires compensation for the Arctic ice equipment I replaced the two sacrificial stone.
2003年6月10日，北极冰公司未做通知即对我的ID“冰雪凝霜”进行了使用限制。 June 10, 2003, the Arctic ice without making notice to the company on my ID “Ice Cream” to the use restrictions. 次日，要求我停止游戏中的物品交易。 The next day, asked me to stop the game item trading. 6月20日，北极冰公司将上述受限制的帐号及另一个未受限制的ID“国家主席”中的所有装备删除，并声明被删物品的角色是“拥有大量复制物品的玩家”，是“游戏复制泛滥的主因”。 June 20, the Arctic ice will the restricted account and another unrestricted ID “President” of all the equipment removed, and stated that the role of the deleted items “Copy items have a large number of players,” is “Game Copy main cause of flooding.” 我认为被删装备均是在游戏时获得的、使用“红月”交易命令获得的、和其他玩家交换获得的或用人民币向其他玩家购买得来。 I think that is deleted when the equipment are available in the game, use the “Luna” trading orders received, and the other players or get the RMB exchange to buy other players come. 北极冰公司对已产生数月的装备数量不正常现象不予监管，玩家在不能区分正常物品与复制物品的情况下购买了装备。 Arctic ice for several months the company has produced equipment for not regulating the number of irregularities, the player can not distinguish between normal goods and copy the case of goods purchased equipment. 北极冰公司将虚拟装备作为商品出售给玩家，即承认为玩家的财产，又以数量不正常为由将玩家的装备任意删除，却不对复制原因进行调查并出示证据。 Arctic ice will virtual equipment as a commodity sold to the player, that is recognized as the player of the property so, on the grounds that the number of players do not normally remove any equipment, but not to investigate the cause of the copy and produce the evidence. 我承认确有复制个别设备，但复制现象的存在正是“红月”自身漏洞或北极冰公司内部人员行为所致。 I admit that there replication of individual equipment, but copy the phenomenon exists is the “Luna” or the Arctic ice their own vulnerability act of internal staff. 因此，其处罚没有依据。 Therefore, the punishment is groundless. 我所有被删装备价值可观，在千元以上，由于游戏改版升级原有的针剂发生变化，不要求恢复，只要求赔偿，按6：1的标准换取生命水或给予841元人民币的赔偿。 I deleted all the equipment was of considerable value in thousand dollars or more, due to revision to upgrade the game to change the original injection, does not require recovery, only ask for compensation, according to the standard 6:1 or give the water of life for 841 yuan in compensation.
红月游戏发行一种名为暴吉卡的变相彩票，每张3元，与宠物卡一同销售时，每张2元，只用于兑奖。 Luna called violent Jika game publishers disguised lottery, each 3 yuan, together with the pet card sale, 2 yuan each, only for Duijiang. 北极冰公司宣传此卡充值后可能获得虚拟装备和最多3小时游戏时间。 Arctic Ice Company publicity may be given after this card recharge virtual equipment and up to 3 hours game time. 我以每张4元的价格购买宠物卡105张，共计420元，但充值后仅获得数十小时游戏时间。 I buy 4 yuan per pet card 105, a total of 420, but only received dozens of hours recharge after game time. 而正常的游戏时间购买金额为3小时1元。 Whereas the normal amount of game time to buy 1 per 3 hours. 我认为北极冰公司发行的暴吉卡内容欺诈，且发行行为本身违反我国有关彩票管理的规定。 I think the Arctic ice storms Jika content issued by the company of fraud, breach of the act itself and the issue of management of the relevant provisions of the lottery. 故请求法院勒令北极冰公司停止发行暴吉卡，并赔偿我购卡花费的420元。 Therefore ask the court ordered the company to stop issuing the Arctic ice storms Jika and compensate my card purchase cost 420 yuan.
我在玩游戏两年的时间里，付出了大量的精力及感情，北极冰公司的行为不仅影响了我在游戏中的正常娱乐活动，造成了我的财产损失，更是对我精神的极大打击，因此要求北极冰公司赔偿精神损失10 000元，并承担我处理事故往返北京的路费1000元。 I play the game two years and paid a lot of energy and feelings of Arctic ice affects not only the company’s behavior in the game of my normal recreational activities, resulting in the loss of my property, but also the spirit of my great blow, thus requiring the spirit of the Arctic ice company to compensate the loss of 10 000, and assume I am dealing with incidents of travel expenses to and from Beijing 1000. 在物品丢失和装备删除时我已练级到934级，由于北极冰公司的原因我没有达到1000级，而使1000级玩家本应享有的待遇不能享有，故要求北极冰公司给予我1000级玩家享有的待遇。 Remove the items and equipment lost, I have been leveling to 934, because the Arctic ice to reach the company because I do not have 1000, leaving the 1000 players should enjoy the benefits of this are not entitled to, and called for the Arctic ice company to give me 1000 players enjoyed. 此外，我的证人出庭花路费100元、住宿费240元，要求这些费用由北极冰公司负担。 In addition, my witness travel expenses spent 100 yuan, 240 yuan accommodation, require the company will pay for the expense of the Arctic ice.
北极冰公司辩称，李宏晨提到的“国家主席”和“冰雪凝霜”两个ID并不属于李宏晨。 Arctic ice has argued, Lihong Chen referred to as “President” and “Ice Cream” Two ID does not belong Lihong Chen. 经查询红月游戏服务器，其注册时真实姓名栏填写的是“phoenix”和“李小华”，我们认为李宏晨无权对这两个ID主张任何权利，不具备本案的诉讼主体资格。 Upon inquiry, the Crescent game server, the bar filled up when the real name is “phoenix” and “Xiao-Hua Li,” We believe that these two ID Lihong Chen right to claim any right, do not have the proceedings in the case of the main qualifications. 即使ID“国家主席”是李宏晨所有，李宏晨声称该ID的虚拟装备被盗，应提供证据证明。 Even if the ID “President” is all Lihong Chen, Lihong Chen claimed that the ID of the virtual equipment stolen, should provide evidence. 玩家物品流失理论上有三种可能：第一，被第三者盗走；第二，被网管盗窃；第三，玩家自己将其转让或赠送他人。 Theoretically there are three players lost items may be: first, to be stolen a third party; second, by network theft; third, the player himself be transferred or granted to others. 三种情况将导致不同的责任后果。 Three cases will lead to the consequences of different responsibilities. 如果虚拟物品是否被盗无法证实，李宏晨对此提出的诉讼请求就是缺乏事实根据的。 If the theft of virtual items are not confirmed, Lihong Chen made this claim is the lack of facts. 而如果能够证实虚拟物品确实被盗，责任也应由李宏晨自己承担。 And if we can confirm that indeed stolen virtual items, the responsibility should also be Lihong Chen themselves. 首先根据我们与玩家签定的服务协议：“玩家帐号应由玩家自己妥善保管与维护”，“玩家帐号被盗用期间发生之损失由玩家自行负责”，此合同合法有效。 First, under our service agreement signed with the players: “Player Account shall be their safe custody and maintenance of the player”, “player account theft loss during the responsibility of the players,” This contract was valid. 玩家在享受服务时承担一定的对自己的财产安全负责的义务即妥善保管帐号和密码，是公平合理的。 Players enjoy the services bear some responsibility for their own obligations and property safe custody account and password that is fair and reasonable. 我们作为游戏经营者已尽力采取了安全防范措施：1、玩家的每一个用户名都有唯一密码，只有玩家自己掌握；2、提供密码保护服务，玩家丢失或忘记密码时，可通过此服务取回；3、红月服务器有非常好的防火墙，运营2年多来没有被真正入侵的记录；4、玩家每次进入游戏都会有警示内容提醒玩家注意安全防范；5、游戏程序内包含防病毒性软件的程序；6、我们反复在红月的官方网站上声明，要求玩家不要使用外挂程序等不良软件，注意终端客户机的安全。 We, as game operators have endeavored to take safety precautions: 1, each player has a unique user name password, only the players own hands; 2, to provide password protection services, the player lost or forgotten password, available through the service back; 3, Luna has a very good server, firewall, operating more than 2 years has not been true record of the invasion; 4, enter the game each player will have warning labels to remind the players to pay attention to safety precautions; 5, contains anti-games virus software program; 6, we repeatedly stated on the official website of Crescent, ask the players do not use the plug-in and other bad software, pay attention to the safety of the client terminal. 从上述可见，我们已尽到了安全保护义务，并达到同行业的较好水平。 Can be seen from the above, we have done to the security obligations, and achieve a better level of the industry. 李宏晨因自己未能履行合同义务导致物品丢失，责任应自负。 Lihong Chen because of his failure to fulfill contractual obligations led to missing items should be the responsibility themselves. 其次，根据网络游戏的特殊技术属性，第三者盗取玩家物品的前提是玩家自己使用了不良的程序或出现了自身其他的疏漏。 Secondly, the special technical attributes of online games, third party players to steal items from the premise that the players use their own procedures or that there are poor oversight of its other. 因这类原因导致的物品被盗的过程从头到尾，是不和经营者的服务器发生任何关系的。 Reasons for such items stolen from start to finish the process, and the operator is not any relationship between the servers. 因此是完全由于自身安全意识薄弱或者贪图便宜导致。 Therefore entirely due to a poor sense of their own safety or the freeloaders lead. 再次，消法规定的经营者保障消费者财产安全义务应有一个合理限度范围，而不是无限的。 Again, consumer law to protect consumers and property managers should be a reasonable limit the scope of obligations, not infinite. 本案中我公司已尽到合理的保护义务，偷盗是一种突发偶然事件，已不属于经营者的义务范围，因此不应由我公司承担责任。 In this case I have done to a reasonable obligation to protect, theft is a sudden accident, no longer belongs to the scope of the obligations of the operators, it should not be held responsible by the company.
6月10日我们封存了ID“冰雪凝霜”并于6月20日删除了该ID的装备，是依照我们与玩家的合同而采取的行为。 June 10 we have sealed the ID “Ice Cream” and on June 20 removed the ID of the equipment is in accordance with our contract with the players taking behavior. 我们也删除了ID“国家主席”的不正常装备。 We also removed the ID “President” is not properly equipped. 因我们在6月份发现“冰雪凝霜”所拥有的两种装备“速度针剂”和“体力针剂”数量极不正常，根据服务器每天生成的“体力针剂”的数量，综合游戏运行的时间和运行情况及注册的玩家数量测算，“冰雪凝霜”中该物品的数量远远超过正常数量。 In June because we found that “ice Cream” equipment owned by the two “speed injection” and “physical injection” highly unusual number, according to the server generated every day, “physical injection,” the number of games running time and Composite operation and registration of the estimated number of players, “Ice Cream” in the number of items far exceeds the normal number. 进而通过服务器监测结果发现，“冰雪凝霜”所拥有的“体力针剂”均为复制品。 And then through the server monitoring results found that “ice Cream” owned by “physical injection” are copies. 复制和外挂一样，制约着网络游戏业的健康发展，它对于运营商和玩家都是一种极大的损害，不但糟蹋系统和网络资源，更严重的是破坏游戏的平衡性。 Copy and plug-in, like restricting the healthy development of online game industry, it is for operators and players are a tremendous damage, not only ruin the system and network resources, more serious is the damage to the balance of the game. “红月法规”中明确约定：“当发现玩家具有涉及到侵入、拦截、破坏、修改游戏程序以及宣扬、叫卖和使用各种非法外挂程序经红月小组确认核实后将立即删除角色”。 “Luna and regulations” clearly agreed: “When a player is found to have involved intrusion, interception, destruction, modification procedures and to promote the game, selling and use of illegal plug-in by the Red Crescent team confirmed the role of verification will be deleted immediately.” 根据这一条款我们将“冰雪凝霜”的装备物品全部删除，既符合双方的约定，同时也是为了维护全体玩家的利益而作出的合法行为。 According to this clause we will “Ice Cream” to delete all items of equipment, both the agreement of both sides, but also to safeguard the interests of all players made legitimate. 发行暴吉卡是公司的一种促销行为，与“小时卡”捆绑销售，不单独销售，这完全是合法的商业手段，不是彩票，而且李宏晨也没有证据证明是在我处购买的暴吉卡。 Jika the company issued a sharp sales practices, and the “Hour Card” bundling, not sold separately, it is entirely legitimate business tool, not a lottery, and Lihong Chen is also no evidence of violence in my purchase Jika . 李宏晨此项诉讼请求不能成立。 Lihong Chen The claim can not be established. 我公司认为，玩家对网络游戏中的物是否具有所有权、虚拟物品的价值如何认定、虚拟物品的具体赔偿标准是什么等问题，目前均没有明确的法律依据。 I believe that online game players in the matter of whether the ownership, how to recognize the value of virtual goods, virtual goods is what the specific compensation standards and other issues, there was no clear legal basis. 网络游戏中的内容无论装备、分级还是称号，均没有在现实生活中构成实际意义，实质上只是一组数据，本身并不存在。 Content regardless of the network equipment in the game, grade or title, did not constitute a real in real life, meaning, essentially just a set of data in itself does not exist. 因此要求我们为不存在的东西负责，是没有法律依据的。 We therefore asked what responsibility does not exist, there is no legal basis.
原审法院经审理确认，北极冰公司经营网络游戏，李宏晨是参与该游戏的玩家之一，双方形成消费者与服务者的关系。 After hearings, the trial court confirmed that the Arctic ice companies operating online games, Lihong Chen is one of the players involved in the game, the two sides to form the relationship between consumers and service providers. 北极冰公司主张红月法规系双方之间的合同，北极冰公司又没能就李宏晨承认该合同内容、确认合同效力方面向法庭提供相关证据，因此，本院不采信北极冰公司的主张，红月法规不能认为是双方之间签订的合同。 Arctic Ice Company, has claimed Luna contract between the parties, Department regulations, the Arctic ice to Lihong Chen admitted the company was not any energy content of the contract to confirm the effectiveness of aspects of the contract to provide relevant evidence to the court, therefore, the Court does not adopt the idea of the company believe the Arctic ice, the red Laws can not be considered on a contract between the parties. 双方之间所形成的消费者与服务者的权利义务关系即应适用我国合同法和消费者权益保护法规等规定进行调整。 Formed between the parties and service providers of consumer rights and obligations that should apply to China’s contract law and consumer protection laws and other regulations to be adjusted. 李宏晨在ID“国家主席”内的装备丢失，根据北极冰公司的分析，物品流失途径可能有三种，在第一种情形下，如果游戏能提供完备的防火墙保障，具备完善的安全防护系统，第三者将难以侵入并盗走服务器数据。 Lihong Chen in the ID “President” in the equipment is lost, according to the company’s analysis of Arctic ice, lost items, there are three possible ways, in the first case, if the game can provide a complete firewall protection, good security protection system, the first three will be difficult to invade and stole the server data. 就北极冰公司提出的因玩家使用不良程序导致的物品丢失，因北极冰公司称游戏包含防不良软件的程序而可以排除。 Arctic ice on the company’s bad for players to use items due to loss of programs, because the Arctic ice the game company said the software program that contains anti-poor but can be ruled out. 第二种情形是游戏经营者直接对玩家构成侵权。 The second scenario is that the game operator directly infringes on the player. 在上述两种情形下，北极冰公司若主张免责，应举证证明其已实施的行为将必然阻却这两种情形发生。 In both cases, the Arctic ice claim exemption if the company should provide evidence that it has implemented the behavior will inevitably negates both cases occur. 根据现有证据没有证明北极冰公司在安全防护措施方面无懈可击，服务器有外挂证实了服务器被侵犯的事实，因此可以认定北极冰公司在安全保障方面存在欠缺，应承担由此导致的相应的法律后果。 According to the available evidence does not prove that the Arctic ice in perfect security measures, the server has plug-in confirmed violations of the fact that the server, so you can identify the ice in the Arctic there is a lack of security guarantees, should bear the resulting legal consequences . 在第三种情形下，根据庭审调查情况得知，李宏晨的密码有其提供的证人知道，而丢失物品的流向亦已查明，北极冰公司完全可以通过其掌握的注册资料确认丢失物品是否与证人有关，现北极冰公司没有主张对其有利的事由发生，则应当认定证人与丢失的物品无关。 In the third case, the investigation under the court was informed that the password has provided Lihong Chen witnesses know, and missing items have been identified the flow of ice in the Arctic by the company can confirm the registration information in its possession whether the missing items witnesses related to the Arctic ice is now the company did not claim in its favor of the occurrence, it should be determined independent of witnesses and the missing items. 此外，没有证据表明李宏晨的密码有证人之外的其他人员知道，或者符合此种情形的其他事实存在。 In addition, there is no evidence that Lihong Chen password other than a witness who knew, or other facts consistent with the existence of such circumstances. 在网络游戏中，玩家在游戏预先设定的环境下进行活动，活动的自主程度受环境设定的限制，而北极冰公司作为游戏经营者，掌握服务器运行，了解玩家活动情况，并可控制服务器数据，因此要求北极冰公司对玩家承担更严格的保障义务，北极冰公司较李宏晨也具备更优越的举证能力。 In the online game, players in the game pre-set environment activities, activity level of autonomy the limits set by the environment, while the Arctic ice company as a game operator, master server is running, to understand the activities of players, and control server data, thus requiring the company to the player assumes the Arctic ice even more stringent safeguards obligations, the Arctic ice companies more proof Lihong Chen also has superior ability. 在此前提下，综合前述对物品流失可能性的分析，本院认为北极冰公司应对李宏晨物品的丢失承担保障不利的责任。 In this context, the possibility of comprehensive loss of the foregoing analysis of the items, the Court that the Arctic ice companies should bear the loss of items Lihong Chen adverse security responsibilities. 关于丢失装备的价值，虽然虚拟装备是无形的，且存在于特殊的网络游戏环境中，但并不影响虚拟物品作为无形财产的一种获得法律上的适当评价和救济。 Value on the missing equipment, although the virtual equipment is intangible, and exist in a special online game environment, but does not affect the virtual goods as a kind of intangible property to obtain the proper legal assessment and relief. 玩家参与游戏需支付费用，可获得游戏时间和装备的游戏卡均需以货币购买，这些事实均反映出作为游戏主要产品之一的虚拟装备具有价值含量。 Players in the game to pay fees, access to game time and equipment required money to buy game cards, which all reflect the fact that one of the main products as the game has a value of the contents of the virtual equipment. 但不宜将购买游戏卡的费用直接确定为装备的价值，游戏网站上公布的产品售价与李宏晨购买游戏卡的实际花费不完全一致，而且虚拟装备无法获得现实生活中同类产品的价值参照，亦无法衡量不同装备之间的价值差别，为避免不适当的价值确定可能对某一方造成有失公平，本院认为李宏晨主张的丢失物品可由北极冰公司通过技术操作对已查实的物品进行回档，亦与李宏晨参与游戏、享受游戏乐趣的娱乐目的相一致。 But not to buy the game card is paid directly to determine the value of the equipment, games, product prices published on the website to buy game cards and Lihong Chen actual cost is not exactly the same, and the virtual equipment can not be real life with reference to the value of similar products, but also impossible to measure the difference between the value of different types of equipment, in order to avoid inappropriate to determine the value of one party may result in unfair, the Court Lihong Chen claims that the Arctic ice may be missing items the company has been verified through the technical operation of the items were retreated, Lihong Chen is also involved with the game, enjoy the game entertainment purposes consistent. 李宏晨要求双倍赔偿宠物卡和大礼包，没有法律依据，本院不予支持。 Lihong Chen asked Double Indemnity pet card and gift packs, there is no legal basis, the Court not support it. 由于不能确定李宏晨装备的丢失系他人盗号所为，故李宏晨要求北极冰公司协查盗号者身份的请求，亦难以支持。 Since the loss of equipment can not be determined Lihong Chen hacking the system to others, so the requirements of the Arctic ice Lihong Chen hacking identity of an investigation the company’s request, it would be difficult to support. 就李宏晨ID“冰雪凝霜”与“国家主席”内被删除的物品，经证实确有部分为复制品。 To Lihong Chen ID “Ice Cream” and “President” in the deleted items, which prove to be part of the copy. 复制品通过非正当途径产生，干扰正常物品流转秩序。 Copies produced by non-legitimate means, interfere with the normal flow of goods order. 虽然不能认定李宏晨是复制品的制造者，而且李宏晨可能无法辨认物品的性质，但复制品本身因其不正当性而不能得到法律的认可和维护。 Although we can not identify a copy of the manufacturer Lihong Chen, and Lihong Chen may not be able to identify the nature of goods, but because of improper sexual reproduction itself can not be legally recognized and maintained. 就李宏晨自愿选择与其他玩家进行物品现实交易，是与北极冰公司无关的网络游戏活动之外的其他法律关系，不能要求北极冰公司因此对复制物品承担赔偿责任。 Voluntarily choose to Lihong Chen items with other players of the transactions, the company has nothing to do with the Arctic ice network games other than the legal relationship between the companies can not require the Arctic ice copied items and therefore liable. 北极冰公司作为游戏经营者对游戏中的复制物品进行清理本无不当，但北极冰公司在对包括李宏晨在内的玩家的物品作出处理前应当公布关于复制品的确凿证据，以避免不必要的纠纷。 Arctic Ice Company as a game operator’s copy of the game to clean up the no inappropriate items, but the ice in the Arctic, including companies in the players, including Lihong Chen and handle the items should be published before the conclusive evidence on the copy in order to avoid unnecessary disputes. 现李宏晨没有充分证据证实其被删除物品的合法来源及合法身份，故不予支持李宏晨此项诉讼请求。 Lihong Chen is not sufficient evidence to establish the lawful origin of deleted items and legal status, it will not support this claim Lihong Chen. 关于暴吉卡，北极冰公司主张只能捆绑销售、不零售，根据现有证据不能认定，而且无论捆绑销售还是零售，暴吉卡都需一定价格购买，并无本质区别，该卡除兑奖外无其他用途。 Jika on violence, the Arctic ice could only bundle the company claims, not retail, the available evidence can not be found, and whether bundled or retail, storm Jika are required to purchase a certain price, there is no essential difference between the outside of the card in addition Duijiang no other purpose. 北极冰公司发行的暴吉卡实质上就是一种博彩中奖的凭证，而发行此种凭证是应当经过相关机关批准的，但北极冰公司在未取得合法资质的情况下公开发行暴吉卡，此行为已构成违法，应认定无效。 Arctic ice storms Jika issued by the Company is essentially a gambling winning certificate, such certificate is issued shall be subject to the relevant authorities, but the Arctic ice has not obtained legal qualifications in the case of violence Jika public offering, this behavior constitutes an offense shall be deemed invalid. 依据法律规定，李宏晨及北极冰公司双方应当互相返还因无效行为所取得的财物。 According to the law, Lihong Chen, and Arctic ice company the two sides should act with each other to obtain the return of invalid property. 同时，本院向有关部门提出司法建议，由有关部门对北极冰公司的此种行为进行查处。 At the same time, the Court of Justice recommended to the relevant departments, relevant departments of the Arctic ice by the company’s investigation of such acts. 李宏晨为参与游戏花费大量时间、精力和金钱是客观事实，因游戏中的一些问题也确实给李宏晨的精神带来影响和不快，但李宏晨在付出的同时，已经从享受游戏的乐趣中得到部分回报，并不因问题的发生而全部损失；而且李宏晨物品的丢失，北极冰公司仅承担保障不利的责任，并不能确定是直接侵权人，被删除的复制物品本身也不具有法律认可的价值，通过北极冰公司对李宏晨正常的物品进行恢复，应当可以对李宏晨受到的损失进行弥补。 Lihong Chen for participation in the game to spend a lot of time, effort and money is an objective fact, because the game does give some problems affect the spirit Lihong Chen and unhappy, but Lihong Chen had paid the same time, enjoy the game have been from the get the rewards does not occur because of the problem and all losses; and Lihong Chen goods lost, the Arctic ice company only bear the responsibility Baozhang negative, and can not determine the direct infringer, a copy of deleted items do not have the legal recognition of their value, through the Arctic Ice Company to recover the items normally Lihong Chen, Lihong Chen should be able to make up for losses suffered. 因此，李宏晨主张精神损失费依据不足，本院不予支持。 Therefore, Lihong Chen mental damages claims based on inadequate, the Court not support it. 李宏晨主张的交通费，根据李宏晨提交的证据及实际情况，由本院酌情判处。 Lihong Chen claimed travel expenses, according to Li Hongchen the evidence submitted and the actual situation, imposed by the Court, as appropriate. 李宏晨提出享受1000级玩家待遇的请求，因没有确凿证据证实如果没有物品丢失或物品删除，其必然能够达到1000级水平，此项请求本院亦不予支持。 Lihong Chen proposed treatment to enjoy the 1000 player’s request, because there is no conclusive evidence that if no items are missing or deleted items, which must be able to achieve the 1000 level, the Court will not support this request. 关于证人出庭的费用，参照有关规定给予支持。 On the costs of witnesses, with reference to the relevant provisions of support. 因李宏晨已先行支付，此项费用由北极冰公司承担给付责任。 Lihong Chen has been paid for in advance, the fee paid by the Arctic ice bear responsibility for the company. 遂于2003年12月判决：一、判决生效后七日内，北京北极冰科技发展有限公司将李宏晨在红月游戏优雅处女服务器内的ID“国家主席”内丢失的虚拟装备生化盾牌一个、生化头盔三件、生化腰带二条、生化战甲一件、生化裤子一条、生化靴子二双、战神甲一件、献祭之石二个、生命水二个恢复；二、判决生效后七日内，李宏晨返还北京北极冰科技发展有限公司人民币二十元（等价于105张暴吉卡兑奖获得的六十小时在线游戏时间）；北京北极冰科技发展有限公司返还李宏晨购买 105张暴吉卡的价款四百二十元；三、判决生效后七日内，北京北极冰科技发展有限公司赔偿李宏晨交通费八百元；四、判决生效后七日内，北京北极冰科技发展有限公司给付李宏晨证人出庭作证交通费、住宿费三百四十元；五、驳回李宏晨的其他诉讼请求。 Then ruling in December 2003: First, the verdict within seven days after entry into force, Beijing Arctic Ice Technology Development Co., Ltd. will Lihong Chen elegant game in the Crescent virgin server’s ID “President” in the virtual loss of biological and chemical equipment, a shield, helmet and biochemical three, two biochemical belt, a biochemical armor, pants a biochemical, biological and chemical boots and two pairs, a piece of Mars, two stone of sacrifice, the life of water two restoration; Second, the verdict within seven days after the commencement, Lihong Chen the return of Beijing Arctic Ice Technology Development Co., Ltd. twenty yuan (equivalent to 105 violent Jika Duijiang sixty-hour online access to game time); Beijing Arctic Ice Technology Development Co., Ltd. to purchase 105 Lihong Chen return the price of four storms Jika hundred twenty dollars; third, the verdict within seven days after entry into force, Beijing Arctic Ice Technology Development Co., Ltd. transportation costs eight hundred yuan compensation Lihong Chen; Fourth, the verdict within seven days after entry into force, Beijing Arctic Ice Technology Development Co., Ltd. paid Lihong Chen witnesses Traffic fees, accommodation three hundred forty yuan; five other claims dismissed Lihong Chen. 判决后李宏晨及北极冰公司均不服，李宏晨认为，北极冰公司应协助本人调查盗号者身份，以便到公安部门报案；北极冰公司没有确凿证据证明系本人恶意复制物品；应认定北极冰公司承担赔偿责任及应判赔精神损失费等。 Lihong Chen and the ruling against the Arctic ice companies, Lihong Chen believes that the Arctic ice to help my company should investigate the identity of hacking in order to report to public security departments; Arctic ice no conclusive evidence that the Department of Company malicious copy my articles; should be recognized undertook the Arctic ice the spirit of liability and damages should be Panpei fees. 北极冰公司认为，红月法规应作为确定游戏运营商与玩家之间权利义务的依据；未查明物品丢失原因即认定商家承担责任于法无据；游戏外挂并不侵犯服务器安全，不能说明上诉人的服务存在保障缺陷；“红月”暴吉卡是促销品不具有彩票性质，原审认定错误。 Arctic Ice Company believes that, Luna and regulations should be used as game operators and players to determine the rights and obligations between the basis; not identify the missing items because business is liability found no legal basis; game server security plug-in does not infringe, can not explain the appeal existence of security flaws in human services; “Luna” violent Jika is the nature of promotional items do not have the lottery, the trial found an error. 均要求二审法院查明事实，依法改判。 Court of second instance are required to ascertain the facts, according to the law revision.
经审理查明，“红月”系一大型多人在线收费网络游戏，北极冰公司是该游戏的经营者。 Examined, “Luna,” a massively multiplayer online charging system online games, the Arctic ice is the operator of the game. 玩家通过帐号注册首次进入游戏，之后通过购买北极冰公司发行的游戏时间卡并为帐号充值后获得游戏时间进行游戏活动。 Players enter the game through the account up for the first time, after the company issued through the purchase of Arctic ice the game time card for account recharge time to get the game after the games. 在游戏过程中，玩家通过购买北极冰公司发行的游戏卡或游戏命令等方式，可获得游戏中的多种虚拟装备。 In the course of the game, players issued by the Company through the purchase of Arctic ice the game cards or game commands, etc., available in a variety of virtual game equipment.
红月游戏服务器内2002年初注册有帐号RAINBOW90和RAINBOW99，对应角色名称分别是“国家主席”和“冰雪凝霜”。 Luna in early 2002, the game server up with accounts RAINBOW90 and RAINBOW99, respectively, the corresponding role name is “President” and “Ice Cream.” 该两个帐号注册时填写的“姓名”分别为“phoenix”和“李小华”。 The account number entered when registering for the two “name” are “phoenix” and “Xiao-Hua Li.” 2003 年2月17日，李宏晨发现自己在红月优雅处女服务器的ID“国家主席”内所有的装备丢失，即向北极冰公司反映并要求处理，北极冰公司提供查询号码查询结果为，2月17日中午12:50左右邮寄给shuiliu0011，然后转移到花雪风转移给文静女孩，最后都在bwbin 处。 February 17, 2003, Lihong Chen found himself in the elegant Luna virgin server ID “President” of all the equipment lost, the Arctic ice immediately and required to deal with the company reflect the ice in the Arctic provide tracking numbers for the query results, in February around 12:50 noon on the 17th mailed to shuiliu0011, then transferred to the wind shift to the quiet snow flower girls, the last place in bwbin. 李宏晨要求进一步处理，提供有关玩家资料，北极冰公司拒绝。 Lihong Chen called for further processing, to provide information about the player, the Arctic ice company refused. 2003年3月14日，李宏晨在北极冰公司处就上述问题进行了登记。 March 14, 2003, Lihong Chen at the Arctic Ice Company was registered on these issues. 李宏晨丢失：生化装备10件，包括盾牌一个，头盔三件、腰带二条、战甲一件、裤子一条、靴子二双，还有毒药二个、生命水二个。 Lihong Chen lost: Biochemical equipment 10, including a shield, helmet three, two belts, one armor, one pants, boots, two pairs, there are two poisons, two water of life. 事后与北极冰公司联系，该公司查询装备的流向是寄给玩家SHUILIU0011。 After contact with the Arctic ice, the companies and the flow of equipment is sent to the player SHUILIU0011. 李宏晨向公司索要盗号者的具体情况被北极冰公司以“玩家资料属个人隐私不能提供”为由拒绝。 Lihong Chen hacking request to the company’s specific situation is the Arctic Ice Company to “the privacy of an individual player can not provide the information,” refused. 2003年6月10日，北极冰公司未作通知即对李宏晨的ID“冰雪凝霜”进行了使用限制，次日，要求李宏晨停止游戏中的物品交易。 June 10, 2003, the company has not given notice of the Arctic ice that is Lihong Chen’s ID “Ice Cream” for the use of restrictions, the next day, asked Lihong Chen to stop in-game item trading. 6月20日，北极冰公司将上述受限制的帐号及另一个未受限制的ID“国家主席”中的所有装备以系复制品为由删除。 June 20, the Arctic ice will the restricted account and another unrestricted ID “President” in the Department copies of all the equipment to remove the grounds. 为此双方发生纠纷，李宏晨诉至原审法院。 To this end the two sides is a dispute, Lihong Chen sued the trial court.
本案的争议焦点：1、游戏帐号注册的姓名与李宏晨的姓名不符，能否确认李宏晨是帐号的所有者；2、李宏晨、北极冰公司双方是否签有娱乐服务合同，红月法规能否确认为双方签定的合同；3、北极冰公司作为游戏经营者对李宏晨的游戏装备承担的法定、约定责任应当是什么；4、虚拟装备丢失，能否归责于北极冰公司；5、北极冰公司删除虚拟装备有无合法依据；6、暴吉卡的发行是否有合法依据；7、案件涉及的虚拟装备的价值及李宏晨损失的证据证明情况。 Case the focus of controversy: 1, game account registration does not match the name and Lihong Chen’s name, can confirm Lihong Chen is the owner of the account; 2, Lihong Chen, Arctic ice entertainment company whether the two sides signed a service contract, Luna and regulations can be recognized as The two sides signed the contract; 3, the Arctic ice the game company as the operator of the game on Lihong Chen assumed statutory equipment, contractual obligations should be that; 4, the virtual equipment is lost, whether attributable to the Arctic Ice Company; 5, Arctic Ice Company delete virtual equipment without legal basis; 6, the issue of whether violence Jika legal basis; 7, the virtual equipment involved in the case of loss of value and Lihong Chen proof situation.
针对以上争议焦点，双方当事人提供的证据及意见如下： The focus for more than controversy, the parties offered evidence and views as follows:
1，北极冰公司提交了帐号注册资料以证明两个帐号注册时填写的真实姓名分别为“phoenix”和“李小华”而非李宏晨。 1, the Arctic ice to submit the account registration data to show that when you fill up the two accounts were real name “phoenix” and “Xiao-Hua Li,” rather than Lihong Chen. 李宏晨提交其电话费收费发票，发票显示的李宏晨的电话号码与帐号注册时填写的电话号码一致；李宏晨提交近两个月的充值卡号记录，用以证明其是该两个帐号的所有者，并称游戏注册并未实行实名制，真实姓名栏玩家可随意填写，因此不能以此作为认定依据。 Lihong Chen invoices submitted by the telephone fees, invoices show Lihong Chen’s phone number and account number entered when registering for the same; Lihong Chen to submit records of nearly two months of prepaid phone card number to prove that it is the owner of the two accounts, not saying the game up for real-name system, the real players are free to fill in the name column, it is not recognized as a basis. 李宏晨提供证人么振刚（李宏晨好友，红月玩家）到庭作证，证人称知道李宏晨上网玩红月游戏，注册有“冰雪凝霜”和“国家主席”等角色名称，称李宏晨购买宠物装备时曾向其展示，后上网查看李宏晨的装备确实丢失，还称其与李宏晨相互知道对方的游戏帐号和密码。 Lihong Chen offers witnesses Why Zhengang (Lihong Chen friend, Luna players) called on to testify, the witness said that Lihong Chen Luna play online games, up there, “Ice Cream” and “President” and other character names, said the purchase of pet Lihong Chen had demonstrated their equipment, the equipment after the Internet View Lihong Chen really lost, and Lihong Chen also called each other know each other’s game account and password. 李宏晨提交大礼包实物一件（内含红月手表一块、项链一条、红月客户端光盘一张、红月游戏攻略本一本及红月抽奖卡一张）、宠物卡8张、月卡21张及购买宠物卡的销售凭证和经公证的软件专卖店销售证明。 Lihong Chen presented a kind gift packs (containing a Crescent watches, necklace, Luna client CD-ROM, the game Raiders of the Red Crescent and Red Crescent draw a card, a), 8 pet cards, monthly cards 21 Zhang and purchase pet card sales vouchers and notarized proof of sale software store. 北极冰公司称电话号码不能成为认定身份的依据，李宏晨自己的卡号记录不足为证，大礼包及宠物卡、月卡实物本身并不能证明是否由李宏晨本人购买，对宠物卡的销售凭证因不是发票而不予认可。 Arctic Ice Company phone number can not be identified, said the basis for identity, Lihong Chen insufficient records of their card number card, gift packs and pet card on card in kind if not in itself prove that I bought from the Lihong Chen, the sales of pet cards is not certificate for invoices and not recognition. 北极冰公司提出服务器记载的充值记录作为反证，李宏晨提供的8张宠物卡只有5张充值在本案涉及的两个帐号内，其他三张与本案无关。 Arctic ice server companies to record as a top-documented evidence to the contrary, Lihong Chen pet cards offer only eight top-five two accounts involved in this case, the other three irrelevant.
2，李宏晨认为玩家在首次注册并进入游戏时与北极冰公司的娱乐服务合同关系即成立，在游戏注册及帐号充值过程中均没有显示红月法规的内容，该法规只能是北极冰公司的单方声明，对李宏晨没有约束力。 2, Lihong Chen that the players enter the game in the first registration and the Arctic ice with the company’s entertainment services, namely the establishment of contractual relations, in the game up and account recharge process do not show the contents of Crescent and regulations, the regulations only ice company Arctic the unilateral declaration is not binding on Lihong Chen. 李宏晨提交红月帐号申请流程和红月月卡（小时卡）充值流程页面截图。 Lihong Chen submission of the application process and the Red Crescent Crescent months account card (hour card) recharge process page screenshots. 北极冰公司称红月法规只发布在红月官方网站上，是双方签定的合同。 Arctic Ice Company, said Red Crescent and regulations to publish only the official website of the Red Crescent, the two sides signed the contract. 玩家在注册游戏时需先对法规内容点击“确定”方可进入游戏。 Game players up the content of laws and regulations must first click “OK” before entering the game. 北极冰公司对此未举证，对李宏晨提交的证据不予认可。 Arctic Ice Company for which no proof, no evidence presented on Lihong Chen recognition.
3，李宏晨认为双方之间是消费者与经营者的关系，北极冰公司主要义务是保障玩家能随时连线进行游戏，并要承担消费者权益保护法规定的全部法律义务。 3, Lihong Chen that between the two sides is the relationship between consumers and operators, the Arctic ice company obligations is to protect the players to ready access to the game, and to bear the Consumer Protection Act of all legal obligations. 其中最重要的是提供安全、规范的网络游戏环境，保障玩家存放在服务器上的数据（即个人财产）的安全，如果财产遭到侵犯，北极冰公司有义务采取措施，必要时应向警方报案，否则应对消费者承担赔偿责任。 One of the most important thing is to provide a safe, regulated online gaming environment to ensure the player data stored on the server (ie personal property) security, if the property is violated, the Arctic ice companies were obliged to take measures, if necessary, should be reported to the Police Otherwise, consumers should bear the liability. 北极冰公司认为红月法规是双方有关权利义务的规定，该规定载明，玩家帐号由玩家自己保管与维护，发生盗用时，应自行更换密码，盗号期间的损失由玩家自负。 Arctic Ice Company that the Red Crescent and regulations concerning rights and obligations of both sides of this regulation is set out, the player account custody and maintenance by the players themselves, the occurrence of theft, they should change their own password, hacking own by the players during the loss. 北极冰公司称其已采取的各项安全措施已完全尽到了消费者权益保护法规定的安全保障义务，对于盗号类的突发事件，已超出了北极冰公司的安全保障范围。 Arctic Ice Company said it had taken all safety measures have been fully and completely to the Consumer Protection Act safeguards obligations, the hacking incident category, the company has exceeded the safety of the Arctic ice coverage. 红月法规还规定，当发现玩家具有涉及到侵入、拦截、破坏、修改程序以及宣扬、叫卖和使用各种非法外挂程序经红月小组确认核实后将立即删除角色；公司不支持玩家从事任何游戏中人物角色、物品…等虚拟物品的现实世界交易。 Luna regulations also stipulate that when a player has involved invasive, intercept, destroy, modify the program and to promote, selling and use of illegal plug-in by the Red Crescent team will delete it immediately recognized the role of verification; companies do not support the players in any game the characters, items, etc. … the real world transactions of virtual goods. 北极冰公司认为根据上述规定其有权对复制物品作出处理，无需报警，对玩家也不负有其他义务。 Arctic Ice Company believes that it is entitled under the above provisions to deal with items on the copy, without warning, the players do not have other obligations.
4，李宏晨提供网络游戏“天堂”盗号处理流程及该游戏一组服务器在2003年8月1日至31日的停权名单，欲证实盗号并非突发偶然事件，游戏经营者完全有能力处理。 4, Lihong Chen provides online game “Lineage” hacking processes and a group of servers of the game in 2003, August 1 to 31 of the stopping power list, want to confirm that hacking is not a sudden accident, the operators are fully capable of the game treatment. 李宏晨认为北极冰公司应对其装备的丢失承担保障不利的责任，李宏晨提交的摘自红月网站的“红月黑名单”一份，证明“红月”游戏有外挂，北极冰公司的服务器是不安全的。 Lihong Chen that the Arctic ice loss of company response to its commitment to protect the equipment adversely responsibility Lihong Chen presented the site taken from Luna, “Luna blacklist” a copy of proof of “Luna,” a plug-in game, the Arctic ice company’s server to be unsafe The. 北极冰公司提供其密码保护流程图、提醒玩家注意安全防护的公告截图，并称其已完全尽到安全防护义务，服务器防火墙没有被真正侵入的记录。 Arctic ice flow chart provides the password protection, to remind the players to pay attention to safety announcements shots, saying that it has completely fulfilled security obligations, the server firewall is not really penetrated the record. 对于李宏晨提交的“天堂”游戏盗号处理流程及“红月黑名单”的真实性及证明力均不予认可，北极冰公司承认红月网站公布过对部分玩家不良行为处理情况的名单，但是否是李宏晨提交的名单的内容不能确认，亦未举证。 Lihong Chen, submitted for the “paradise” game hacking processes and “Luna blacklist” the probative force of the truth and are not approved, the Arctic ice has admitted website Luna had bad behavior on the part of the disposition of the players list, but Lihong Chen submitted a list of whether the content can not be confirmed, nor evidence. 北极冰公司称由网络环境决定，防火墙不可能没有缺陷，运营商可以尽力弥补。 Arctic ice environment, the company said the decision by the network, the firewall can not be without flaws, operators can try to make up. 北极冰公司还认为，如果李宏晨自己因使用了不良程序导致帐号被盗、装备丢失，与游戏服务器并不发生关系，而由于李宏晨对自己的密码保管不善而导致装备丢失责任应自负。 Arctic Ice Company also believes that if Lihong Chen himself a bad program caused by the use of stolen accounts, equipment lost, the game server does not have relations with, and as Lihong Chen improper care of your own password which led to loss of equipment shall be solely responsible. 因此对于李宏晨的装备丢失，不能归责于北极冰公司。 Therefore Lihong Chen equipment lost, not attributable to the Arctic Ice Company.
5，李宏晨认为被删除的装备是其合法获得的私人财产，北极冰公司没有证据证明删除的物品就是复制物品，北极冰公司称服务器从没有被真正成功入侵的记录，而这与复制物品的产生和存在是矛盾的。 5, Lihong Chen equipment that is removed is their private property legally acquired, the company is no evidence that the Arctic ice to delete the items is to copy the items, the company said server from the Arctic ice is not true record of successful invasion, and that the production and reproduction items and there is a contradiction. 复制装备者在公告栏叫卖数量不正常的装备已经很长时间，北极冰公司没有尽到对游戏环境的维护义务，如果北极冰公司认为复制物品对其构成侵权，应向公安机关报案解决，国内已有类似案件被警方查获，这样即维护了游戏的公平性，也保障了玩家的利益。 Copying equipment, selling Bulletin number in the unusual equipment for a long time, the Arctic ice did not do the company’s maintenance obligations on the game environment, if the Arctic ice company that copied its infringing goods, shall report to resolve the public security organs, the domestic similar cases have been seized by the police, so that to maintain the fairness of the game, but also protect the player’s interest. 现在北极冰公司没有出示任何证据，仅以数量不正常为由进行删除是没有合法依据的，而北极冰公司根据推算得出我的装备是复制品的结论也站不住脚。 Arctic ice is now the company did not produce any evidence, only the unusual number of grounds there is no legal basis for removal, and the Arctic Ice Company under the extrapolated copies of my equipment is untenable conclusions. 李宏晨提交汇款单欲证实其以汇款方式从其他玩家处购买了部分被删除的装备；提交北极冰公司在网站上发布的关于限制角色和删除物品的公告、说明页面截图，及游戏中针剂交易的公告页面截图；李宏晨还提交红月物品丢失查询页面截图，以此证明北极冰公司不能查询除特殊装备和宠物装备之外的其他装备，无能力分辨体力针剂等是否复制，也无能力查询这些装备的来源；李宏晨还提交“仙境传说”案件的新闻报道，欲证实北极冰公司删除装备违反法律程序。 Lihong Chen To confirm the submission of remittance from the other players to remit a part of the purchase of equipment to be removed; submitted to the Arctic ice company posted on the site and delete items on the restriction of the role of the public notice, stating the page screenshots, and game transactions injection Notice page screenshot; Lihong Chen also submitted query page screenshot Crescent missing items, to prove the company can not query the Arctic ice and pet equipment, except in special equipment other than equipment, and no ability to tell whether the physical copy and injection, and no ability to check the equipment source; Lihong Chen also submitted a “Ragnarok,” the news of cases, companies want to confirm that the Arctic ice to delete equipment violation proceedings. 北极冰公司认为依据红月法规，其有权对复制装备进行处理，是北极冰公司对玩家的违约行为采取的救济措施，而无需借助警方。 Arctic Ice Company believes that based on Luna and regulations, the right to copy the equipment for processing, the Arctic Ice Company on the player to take relief measures for breach of contract, without the need to rely on the police. 北极冰公司提交服务器数据记录，显示ID“冰雪凝霜”内所有编号为12857的数据均是异常数据。 Arctic Ice Company’s filings with the server data records to show ID “Ice Cream” numbered 12,857 of all the data are outliers. 关于汇款单北极冰公司认为不能反映款项是用于购买装备；关于针剂交易公告北极冰公司表示知情，但称这种交易方式是不被提倡的，也因此才对不正常物品进行处理。 Arctic ice on the money order company that does not reflect the payment is for the purchase of equipment; injection trading on the announcement, said the company informed the Arctic ice, but said such transactions are not being promoted, and therefore fishes unusual items for processing.
6，关于北极冰公司发行暴吉卡，李宏晨提交红月网站关于发行暴吉卡的宣传页面截图，认为暴吉卡可以零售，只是捆绑销售时价格相对优惠，性质属于彩票，北极冰公司的发行行为违法。 6, issued by the Company on the Arctic ice storms Jika, Lihong Chen Luna site to submit the publicity on the issue of violence Jika page screenshot, that violence can Jika retail prices only when the relative benefits bundling, the nature of belonging to the lottery, the issue of the Arctic Ice Company illegal. 李宏晨还提交暴吉卡实物105张及购卡的软件专卖店证明，称暴吉卡中奖率实际很低，与北极冰公司的宣传不符，要求北极冰公司退还其购卡费用420元。 Lihong Chen also submitted Jika physical violence and the card purchase 105 proof software store, saying that the actual rate of violence Jika winning is very low, and the Arctic ice does not match the company’s publicity, the company requested a refund card purchase Arctic ice costs 420 yuan. 北极冰公司称暴吉卡只能与小时卡捆绑销售，公布零售价格是为了说明捆绑销售的优惠，是正常的商业手段，不是彩票，就此意见提交月卡与暴吉卡实物样品、暴吉卡销售说明页面截图、暴吉卡代理商的证明。 Arctic ice storms Jika company said card can only be bundled with the hour to announce the retail price is favorable to illustrate the bundling, is a normal commercial means, not the lottery, to submit comments on this card and violence Jika physical samples, violence Jika Sales help page screenshot, proof of violence Jika agents. 李宏晨对此证明内容不予认可，北极冰公司对李宏晨购卡情况不予认可。 Lihong Chen not approved the content of this proof, the Arctic ice situation in the company Lihong Chen Gouka not be accepted.
7，李宏晨认为其丢失或被删除的装备属于合法取得的私人财产，具有价值，具体可参照其购买各种卡所花费的金额确定，李宏晨提交红月游戏产品介绍页面截图，其中红月宠物卡零售价88元，红月大礼包零售价148元。 7, Lihong Chen that its equipment is lost or deleted lawfully acquired private property with the value of the specific reference to the purchase of various cards can be spent to determine the amount, Lihong Chen Luna Game Products page to submit screenshots, which Luna pet card Retail Price 88, Crescent Retail Price 148 yuan spree. 李宏晨提交红月特装卡的销售凭证，单价200元，李宏晨就此认为其丢失的10件宠物装备价值2000元，丢失的其他虚拟装备估计价值约500元。 Lihong Chen submitted Luna special equipment card sales vouchers, unit 200, Lihong Chen conclude that the missing 10 of its 2,000 yuan worth of pet equipment, loss of other virtual equipment estimated to worth about 500 yuan. 就被删除的装备，李宏晨提交汇款单4张共计841元，据此证实装备的价值。 Equipment to be removed, Lihong Chen submitted a total of 841 yuan money order 4, thus confirm the value of equipment. 李宏晨提交暴吉卡105张，称仅获得不超过60小时游戏时间的兑奖奖励。 105 submitted by violence Jika Lihong Chen, saying only received no more than 60 hours of game time 兑奖 incentives. 李宏晨就其主张的其他损失提交其部分上网费用收据，每月400-500元，用以佐证其为红月游戏花费
Bablefish version of the final judgment:-
Civil written judgment
(2004) two people finally character 02877th
Person brining suit (first trial plaintiff) Li Hongchen, male, on November 8, 1980 was born, the Han Nationality, China Netcom Group Hebei Province Communication Company Chengde Subsidiary company staff member, lived in Hebei Province Chengde Shuangqiao District young Tong ditch Education Committee family member building 1 unit 901.
Person brining suit (first trial defendant) north Beijing polar ice technological progress Limited company, residence Beijing Chaoyang District plateau street 2.
Legal representative Zhao Lijie, executive director.
North north person brining suit Li Hongchen, Beijing the polar ice technological progress Limited company (hereafter refers to as polar ice company) because of an entertainment contract of service dispute document, refuses to accept Beijing Chaoyang District People’s court (2003) at the beginning of the Korean person the character 17848th civil judgment, makes the appeal to this courtyard. After this courtyard accepts, composed collegiate bench public holding court to carry on trying legally. Li Hongchen and north of consignee Qiu polar ice company ruled a nation, Hu Gang to appear in court participates in the lawsuit. This case already tried the end.
in August, 2003, Li Hongchen sued to the first trial court said that I was the large-scale multi-person online charge network game “the red month” played one of families, north the polar ice company was this game’s operator. I through purchase its release many kinds of game cards to enter the game to obtain the game time and some hypothesized equipments. on February 17, 2003, I discovered myself in red month graceful maiden server’s ID “state president” in all hypothesized equipment loss. I relate afterward with the northern polar ice company, north the polar ice company can only inquire equipment flow direction: Sends for plays family SHUILIU0011. I demanded robs when the number special details by “is played the family material by the northern polar ice company is individual privacy, cannot provide” for by the rejection. Report I to the Public security organ, also has not been able to solve. North the polar ice company also said that plays the family account number should by to play family to take care and the maintenance, when has the embezzlement, should replace the password voluntarily immediately, account number embezzlement period has the loss by to play the family to be responsible, to play the family voluntarily to equip loses has nothing to do with the company. I thought that north the polar ice company does not give the safeguard and to loses the irresponsible statement is related encroaches upon the consumer right to know and the person, the property safety control power invalid behavior to the segment game’s segment quality and the data integrity, therefore north requests the polar ice company to undertake the loss liability of compensation. I lose the hypothesized equipment mainly has: The biochemistry equips 10, toxicant 2, life water 2, war-god armor 1 and so on. Also has the value 158 Yuan big gift parcels, the value 88 to 100 Yuan pet cards. North I request the polar ice company double to compensate my big gift parcel 2, pet card 16, carries on the files to other hypothesized equipments, if is unable the files, each pet equipment value 200 Yuan, the war-god armor and other equipment value the approximately 500 Yuan, carry on the compensation according to this standard. In addition I lose two “the toxicant”, after it happened plays in a activity already unified the promotion replacement, north after the request the polar ice company compensates I replace the equipment to offer sacrifices stone two.
on June 10, 2003, north the polar ice company has not given the notice namely “the snow and ice glazed frost” to carry on the restriction on use to my ID. Next day, requests me to stop in game’s goods transaction. On June 20, north the polar ice company above the account number which and another limits ID which limits “state president” all equipments has not been deleted, and stated that is deleted the goods the role is “has the massive duplication goods to play the family”, is “principal factor which the game duplicates is in flood”. I thought that is deleted the equipment is when the game obtains, the use “the red month” the transaction order to obtain, and other plays the family to exchange obtains or plays the family with the Renminbi to other to purchase comes. North the polar ice company to has had several month equipment quantity freak occurrences not to give the supervision, plays the family, in could not differentiate the normal goods and in the duplication goods situation has purchased the equipment. North the polar ice company for plays the hypothesized equipment as the commodity sell the family, namely the acknowledgment to play family’s property, also as by will play family’s equipment take quantity to delete willfully not normally, actually does not carry on the investigation and the tender evidence to the duplication reason. I acknowledged that really has the duplication individual equipment, but the duplication phenomenon’s existence is precisely “the red month” own crack or north the polar ice company interior personnel behavior result. Therefore, its punishment has not rested on. I possess am deleted the equipment value to be considerable, above thousand Yuan, because the game edition correction promotes the original injection to change, does not request to restore, only the seek redress, gives 841 Yuan compensations according to 6:1 standard receiving in exchange for life Shui Huo.
The red month game distributes one kind of named storm lucky card lottery ticket in disguised form, each 3 Yuan, when sells together with the pet card, each 2 Yuan, only use in exchanging the prize. After north the polar ice company propagandizes this card sufficient value, possibly obtains the hypothesized equipment and most 3 hour game time. I by each 4 Yuan price purchase pet card 105, total 420 Yuan, but after sufficient value, only obtains dozens of hour game time. But the normal game time purchase amount is 3 hour 1 Yuan. I thought north the polar ice company distributes storm lucky card content cheat, and the release behavior itself violates our country related lottery ticket management the stipulation. Therefore north requests the court to order the polar ice company to stop distributing the storm lucky card, and compensates me to buy card expenditure 420 Yuan.
I in play play in two year, has paid the massive energy and the sentiment, north the polar ice company’s behavior has not only affected me in game’s normal recreational activity, has created my property damage, is to my spirit enormous attack, therefore north requests the polar ice company to compensate the spirit to lose 10 000 Yuan, therefore and undertakes our place director to travel between Beijing’s travel expense 1000 Yuan. When goods loss and equipment deletion I have practiced the level to 934 levels, because north the polar ice company’s reason I has not achieved 1000 levels, but causes 1000 levels to play the treatment which the family originally should enjoy not to be able to enjoy, therefore north requests the polar ice company to give me 1000 levels to play the treatment which the family enjoys. In addition, my witness appears in court the flowered travel expense 100 Yuan, the hotel expense 240 Yuan, requests these expenses to bear by the northern polar ice company.
North the polar ice company argued that Li Hongchen mentions “state president” and “the snow and ice glazed frost” two ID does not belong to Li Hongchen. After inquires the red month game server, time its registration what the real name fence fills in is “phoenix” and “Li Xiaohua”, we thought that Li Hongchen has no right to these two ID to advocate any right, does not have this case’s lawsuit main body qualifications. Even if ID “state president” is Li Hongchen all, Li Hongchen declared that this ID the hypothesized equipment is robbed, should provide the evidence to prove. Plays the family goods outflow to have three kind of possibilities theoretically: First, is stolen by the third party; Second, by network management burglary; Third, plays family or bestows its transfer other people. Three kind of situations will cause the different responsibility consequence. If hypothesized goods whether to be robbed is unable to confirm, Li Hongchen proposed regarding the lawsuit requested lacks the fact basis. But if can confirm that the hypothesized goods are robbed truly, the responsibility should also undertake by Li Hongchen. First according to us with to play the service agreement which the family evaluates: “plays the family account number should by to play family to take care of properly and to maintain”, “plays the family account number embezzles the period to occur the loss by to play the family to be responsible voluntarily”, this contract legitimate effective. Plays the family when enjoys the service to undertake certain namely takes care of the account number and the password properly to the own property safe responsible duty, is just. We take the game operator to take the safety precaution measure with every effort: 1st, plays family’s each user to have the only password, only then plays family to grasp; 2nd, provides the password protection service, plays when the family loses or forgets the password, may through this service recaption; 3rd, the red month server has the very good firewall, the operation for more than 2 years does not come the record which invades truly; 4th, will play the family each time to enter the game to have the caution content reminder to play the family safety-conscious guard; 5th, the game procedure intension including prevents disease the toxic software’s procedure; 6th, we stated repeatedly in the red month’s official website, requests to play the family not to use the external procedure and so on bad software, pays attention to the terminal client’s security. From above obviously, we arrived at the safekeeping of security duty, and achieves the same profession the good level. Because Li Hongchen have not been able to fulfill the contract duty to cause the goods to lose, the responsibility should be proud. Next, according to the network game’s special technical attribute, the third party stole plays the family goods the premise is plays family to use the bad procedure or to present own other oversights. Because this kind of reason causes the goods the process which robs from beginning to end, is the disagreement operator’s server has any relations. Therefore is because completely own safety consciousness weak or seeks after causes cheaply. Once more, disappears the operator who the law stipulated to safeguard the consumer property security duty to have a reasonable limit scope, but is not infinite. In this case Our company arrived at the reasonable protection duty, steals is one kind arises suddenly the accident, did not belong to operator’s voluntary scope, therefore should not undertake the responsibility by Our company.
On June 10 we have sealed ID “the snow and ice glazed frost” and deleted this ID equipment on June 20, is defers to us with to play the behavior which family’s contract adopts. We also deleted ID “state president” is not normal equips. Because we in June discovered “the snow and ice glazed frost” has two kind of equipments “the speed injection” and “the physical strength injection” quantity is not extremely normal, produces “the physical strength injection” every day according to the server quantity, the synthesis game movement time and the operational aspect and the registration plays the family quantity reckoning, “the snow and ice glazed frost” this goods’ quantity goes far beyond the normal quantity. Then discovered through the server monitoring result, “the snow and ice glazed frost” has “the physical strength injection” is a replica. The duplication and external is the same, is restricting the network game’s industry healthy development, it and plays the families regarding the operator is one kind of enormous harm, not only spoils the system and the network resource, what is more serious destroys game’s balanced state. “the red month laws and regulations” are clear about the agreement: “when discovered that plays the family to have involves to the invasion, the interception, the destruction, the revision game procedure as well as publicizes, hawks and uses each kind of illegal external procedure after the red month group to confirm checking will delete the role immediately”. According to this provision we “snow and ice glazed frost” the equipment goods delete completely, also conforms to the bilateral agreement, simultaneously is also to maintain to play the legal act which family’s benefit makes. The release storm lucky card is company’s one kind of promotion behavior, with “the hour card” the bundle sale, sells not alone, this is the legitimate commercial method completely, is not the lottery ticket, moreover Li Hongchen also does not have the evidence to prove that is in our place purchase storm lucky card. Li Hongchen this lawsuit requested that cannot establish. Our company believed that plays in family’s to network game thing whether to have the property rights, the hypothesized goods value how to recognize, the hypothesized goods’ concrete measure of indemnity is anything and so on questions, at present does not have the explicit legal basis. In regardless of the network game’s content equips, the graduation or the title, has not constituted the practical significance in the real life, materially is only a group of data, itself does not exist. Therefore requests us for the thing which does not exist to be responsible, does not have the legal basis.
This courtyard believed that the above-mentioned plan is the network game operator with plays the contract of service dispute which because the family the network game produces. About plays the family to use fictionalizes the name to carry on the network to register whether can advocate the right, because the law has not made regarding this forbids the stipulation, should think, so long as should fictionalize the name is should play the family all, then recognized that this game plays family’s lawsuit main body qualifications. In this case, the related evidence indicated that “state president”, “the snow and ice glazed frost” is Li Hongchen registers, therefore may determine that it has the main body qualifications in this case. North the polar ice company records the month laws and regulations is the contract which between both sides signs, although north the polar ice company submits to Li Hongchen the related flow truncation chart does not give the approval, but it has not provided the counter-evidence or it thought that the real registration flow material, as well as can confirm its position’s other evidence, this courtyard the evidence which submits to Li Hongchen confirmed that then recognizes the red month laws and regulations before playing the family enters the game for the first time by the suitable way to has not played the family show and after the approval. In this courtyard trying north the polar ice company carries on the notarization could not prove situation then, therefore the red month laws and regulations could not become Li Hongchen and north between the polar ice company’s contract, could also not take determines both sides rights and obligations content the basis. Li Hongchen provides “the red month blacklist” to reflect truly the red month server has external, north the polar ice company evidence does not give the approval but not to present evidence regarding this, it provides the password protection flow chart and the reminder announcement only reflected north the polar ice company carries on the safety protection some aspect, cannot explain that north the polar ice company completely arrived at the duty to the safety protection. In plays the reason which about Li Hongchen in the server the hypothesized equipment loses, analyzes three kind of possibilities from the northern polar ice company, namely is stolen by the third party, is stolen by the network management, plays family or bestows its transfer other people to look, because has first, second possibility, and because also both sides are the contract of service relations, the game operator should fulfill the essential attention duty, Li Hongchen also denied that forwards to other people the hypothesized equipment, cannot provide Li Hongchen in the northern polar ice company is forwards to other people’s evidence situation, should think that the game was in itself still incomplete in the procedure aspect, therefore north the polar ice company should undertake the networkSafety control disadvantageous responsibility. North Li Hongchen requests the polar ice company to carry on the files to restore, this courtyard supports. The replica right and wrong right way produces, once discovered that should give the deletion, Li Hongchen does not have the ample evidence to confirm is deleted the replica the legitimate origin, therefore it requests to resume the deletion replica this courtyard not to prepay holds. North the polar ice company distributes the storm lucky card is the abundant color draws a prizewinning ticket the certificate, it has not obtained the legitimate intelligence already public release, should recognize invalid, therefore should return the belongings which mutually obtains. Li Hongchen the seek redress energetic cost of the loss and the request enjoys 1000 levels to play the family treatment the request basis insufficiency, this courtyard does not prepay holds. Li Hongchen the seek redress traffic allowance, may act according to its submission the evidence and the actual situation uses judgment to determine. North the polar ice company should also bear the Li Hongchen witness’s related expense. In summary, the first trial court makes the decision is suitable, this courtyard maintains. According to “People’s Republic of China General provisions of the civil law” 55th, the 106th first article of stipulation, the decision is as follows:
Rejects the appeal, the maintenance original sentence.
The first trial case accepts the expense 570 Yuan, bears 370 Yuan by Li Hongchen (to pay 266 Yuan, spare money, from this decision becomes effective latter in 7th to hand over to first trial court), the polar ice technological progress Limited company bears 200 Yuan by Beijing north (, from this decision becomes effective latter in 7th to hand over to first trial court); The second trial court accepts the expense 570 Yuan, the polar ice technological progress Limited company bears 285 Yuan respectively by north Li Hongchen and Beijing (already paying).
This decision for final judgement.
Presiding judge pays Ma 琍
Acts umpire Guo Wentong
Acts umpire She Wei
On December 17, 2004
Clerk Quan Yiying