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随着网络经济产业的发展,网络虚拟财产的交易呈日益普遍的趋势。然而,我国法律还没有对网络虚拟财产的属性及其交易的规则做出明确的规定。笔者认为,网络虚拟财产本质上作为一种电磁记录,是一种特殊的物,网络服务商对其拥有所有权。使用者通过网络服务消费合同取得使用权,是基于合同取得的租赁权,在合同期限内,使用者的租赁权可以对抗服务商的所有权。
With the development of network economy and industry, the transaction of online virtual property has become an increasingly common trend. However, the laws of our country have not made explicit stipulations on the properties of online virtual property and the rules of its transaction. The author believes that online virtual property is essentially a kind of electromagnetic record, which is a special kind of thing. Internet service providers have ownership of it. The user obtains the right to use through the network service consumer contract, which is the lease right obtained based on the contract. During the term of the contract, the user’s lease right can resist the service provider’s ownership.