2008Journal of Henan Polytechnic UniversityRequires access

The Protection of virtual Property Based on Property Right Transmutation

LI Zhao-chang

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Abstract

As the outcome of network economic development,virtual property is in an awkward position in the present theory of proprietary protection,in which virtual property finds no protection.Through the analysis from the angles of both law and economics,by refining the basic attributes of virtual property,such as its coexistence of being virtual and real,source legitimacy,circulative transaction,rareness and value in the present law theory,and through being combined with the basic principles of economics,especially its basic theories-property right theory,it is supposed to endow virtual property with new rights bunch in the property right theory.Thus,virtual property can be normalized and protected by carrying on the system framework through legislation option,normal transaction,property right measurement and right remedy.

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What this paper is about

As the outcome of network economic development,virtual property is in an awkward position in the present theory of proprietary protection,in which virtual property finds no protection.Through the analysis from the angles of both law and economics,by refining the basic attributes of virtual property,such as its coexistence of being virtual and real,source legitimacy,circulative transaction,rareness and value in the present law theory,and through being combined with the basic principles of economics,especially its basic theories-property right theory,it is supposed to endow virtual property with new rights bunch in the property right theory.Thus,virtual property can be normalized and protected by carrying on the system framework through legislation option,normal transaction,property right measurement and right remedy.

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Available abstract

As the outcome of network economic development,virtual property is in an awkward position in the present theory of proprietary protection,in which virtual property finds no protection.Through the analysis from the angles of both law and economics,by refining the basic attributes of virtual property,such as its coexistence of being virtual and real,source legitimacy,circulative transaction,rareness and value in the present law theory,and through being combined with the basic principles of economics,especially its basic theories-property right theory,it is supposed to endow virtual property with new rights bunch in the property right theory.Thus,virtual property can be normalized and protected by carrying on the system framework through legislation option,normal transaction,property right measurement and right remedy.

Key concepts: Property (philosophy), Tangible property, Property rights, Intangible property, Law and economics, Database transaction, Intellectual property, Real property

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