Abstract:
The game data of online game consumers has become a core element of competition between market entities in the online game sector, but the existing legal system lacks of effective protection for the property right of online game consumers. The main reason is that the right attribute of consumer's data property right in online games has not yet been clarified and confirmed in theory and practice. The essay argues that online game consumer's data property right are a new type of substantive right under the rights system. This substantive right has the characteristics of being a right not specified by law, a right of a value to a particular groups, a derivative right, as well as having the constituent elements of exclusivity of subject, clear direction of object and right of content. The confirmation of the right attributes of online game consumer's data property right is a concrete manifestation of macroscopic legal value in the social micro field, highlighting the pursuit of human-centered values at the social level and expanding the content of legal rights under the rule of rules at the legal level, and contributing to the balance between the rule of freedom of rights and the rule of law.