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关于虚拟财产权的权利属性有物权和债权之争,双方各有正当理由,解决问题的关键在于不囿于传统的物权债权理论,而着眼于权利的实际保护。网络虚拟财产权利保护的重点,首先在于处理服务运营商与服务用户之间的关系,其次在于处理服务用户彼此之间的关系。虚拟财产中凝结有网络用户的劳动,具有人格独特性,因此不能认为运营商对虚拟财产拥有所有权。应该明确网络虚拟财产的所有权以及使用权均归属网络用户所有。
As for the right property of virtual property rights, there is a dispute over property rights and claims. Both sides have their own legitimate reasons. The crux of the solution to this problem lies in the fact that the rights protection is based on the traditional theory of real rights and claims and the actual protection of rights. The focus of network virtual property rights protection lies firstly in the relationship between service operators and service users, and secondly in handling the relationship between service users. It is personality-specific to condense the labor of network users in the virtual property and therefore operators can not be considered as having ownership of the virtual property. It should be clear that the ownership of the network virtual property and the right to use belong to the network users.