Chapter 561: Chapter 184 Old Tang: Occasionally, I Play the Lawyer’s Tricks Part 3 Chapter 561: Chapter 184 Old Tang: Occasionally, I Play the Lawyer’s Tricks Part 3 Online gaming companies that decide to cease the operation of online games or transfer the operational rights of online games must announce it 60 days in advance.
Unused Virtual Coins and unexpired game services of online game users should be refunded in legal currency at the purchase proportion or replaced with other forms accepted by users.
This is now the practice of many game companies.
Announcing it 60 days in advance all stems from this, and basically, it can be said that game companies are law-abiding.
However, these game companies only comply partially with the law.
The regulations specify that refunds should either be in legal currency or in other forms accepted by the users.
That is to say, if users do not accept the alternative compensation provided, they can claim a refund in legal currency.
However, the compensation plan offered by most companies is in “other forms”, which is why Old Tang said they indeed comply, but only halfway.
Nevertheless, as the Ministry of Culture and Tourism no longer manages online gaming, this regulation was abolished in 2019, meaning currently there are no clear directives on how game shutdown compensation should be handled!
Old Tang planned to carefully study this matter.
He first needed to decide whether this case was a matter of contractual breach or tort : Old Tang leaned toward the latter.
Contractual breach is not easy to handle. Thᴇ link to the origɪn of this information rᴇsts ɪn Novᴇl_Fire(.)net
Such contracts are generally indefinite, and pursuant to Paragraph 2 of Article 563 of the Civil Code, parties may dissolve an indefinite term contract at any time, provided they notify the other party within a reasonable period beforehand.
Now, gaming officials generally notify 60 days in advance, so initiating a lawsuit for breach of contract would likely result in a high probability of losing the case.
Tort is easier to deal with : what right has been infringed?
The right to virtual property!
Let alone the unused Virtual Coins, the main issue lies in the other items.
Whether the props and characters bought after top-ups, as well as characters and props obtained within the game, can be counted as virtual property with property attributes is crucial!
Old Tang had to contemplate this thoroughly because, without regulations, he needed to think from a juridical perspective…
Why wait until after the game company ceases service to file a lawsuit?
This was a little tactic of Old Tang’s, having seen a similar case in a past life.
Because game data is stored on the servers of the gaming company, the burden of proof for players is not so strict, and both sides are inherently unequal in this regard.
So in that previous case, the game company could not produce the data, and then…
Without evidence, they had to bear the responsibility.
This time it’s also a little trial, although it’s unlikely to be so easy.
But for now, preparations come first, as it’s only early February, with over a month remaining before the official game shutdown.
Litigating now would be senseless.
This mission is about educating greedy game companies.
Not to mention anything else, even if Tang Fangjing overwhelmingly defeats the opposition and, following precedents from his past life, treats unused Virtual Coins and the content of game characters, props, etc., as online virtual property, entitling him to a larger compensation, it would amount to a meager few hundred yuan at most.
That’s hardly a concern for game companies.
Therefore, if he’s going to act, he intends to make a big statement.
Ju Haiqing’s case involves a small amount, making it perfect for testing the waters.
How to test the waters?
First, file a lawsuit over a minor case, which wouldn’t attract the other party’s attention.
If this case is won, it would essentially open the door, no matter how small the amount, as the legal relationships involved are quite comprehensive.
Afterwards, mass litigation can be pursued.
Same court : let’s see if they dare to issue “different judgments for similar cases”.
Some might wonder, Ju Haiqing is collecting evidence in advance, but what if others lack evidence later?
Even if Tang Fangjing is remarkable, could he still sue?
Anyone who plays mobile games, even those who have never spent money, usually takes screenshots of certain aspects of their games.
For instance, getting a powerful character or acquiring impressive items : these are usually recorded.
Even without such records, any random screenshot or photo will do.
Of course, on closer inspection, it’s clear that the timing is off, but what then?
My evidence might be wrong, but you must produce evidence to dispute it.
This is where the aforementioned little tactic comes into play.
As the gaming company holds the upper hand with the data, you are expected to provide it for cross-examination or proof.
If you present it, great : calculations will be based on what’s presented.
If you can’t present it, then it’s a case of failed proof, and you must accept responsibility.
Of course not; it’s a classic shyster move.
But Old Tang doesn’t care about these subtleties.
You know the service shutdown announcement is coming next month, yet you still launch new servers and money-gathering events.
So why shouldn’t I use some shyster tactics?
Employing shyster strategies against such companies doesn’t make Old Tang feel the slightest bit of pressure.
Meanwhile, at the offices of The Capital’s Meitian Group Corporation, Zhou Xianying had long forgotten about the past issues.
The group manages a gaming platform and operates many games.
In the last year alone, three mobile games were shut down by the company.
Many of these monetized mobile games rely on events to make money.
Gradually, when they can no longer sustain profits, they simply shut down the servers and transfer players to another game.