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