Web3游戏创业者 最应关注的10大法律问题

The original author Shao Shiwei's lawyer's introduction The game industry has always been one of the fastest growing and most profitable industries in the world. In traditional games, game operators control the game, and the game market lacks transparency and trust. If there are special circumstances such as game suspension, the interests of players cannot be guaranteed. Compared with traditional games, blockchain games enable each player to control their own in-game assets, and the application of intelligent contract technology also makes transactions open and transparent. In recent years, more and more game entrepreneurs have focused their attention on the game. However, due to the existence of the financial nature of the game and the natural policy risks in the game mode of making money while playing, compared with the traditional game in China, what issues should be paid attention to for game entrepreneurs? This paper sorts out from the time dimension and lists the game content itself before and after the game is launched and the entrepreneurs need to operate the game. Ten legal issues to be concerned about whether the technical team located abroad can avoid domestic legal risks are the most frequent legal issues encountered by Shao lawyers in the consultation process, and none of them are because many entrepreneurs have a certain understanding of the relevant legal provisions of blockchain in China. They often feel that since there are so many restrictions on domestic development, it is better to put the project abroad. The first thing to be solved is the problem of people. In order to avoid the project itself, the project side in China can. The legal risks that may be brought to you often think of looking for a foreign technical team to develop, or conversely, people and projects are overseas, but the development team you are looking for is domestic. In fact, the two models may be able to avoid civil administrative risks to a certain extent, but criminal risks are difficult to avoid, because according to the provisions of China's criminal jurisdiction, territorial jurisdiction and personal jurisdiction are stipulated in China's criminal law, that is, as long as criminal acts or results occur in China's territory. Personal jurisdiction means that as long as China people commit crimes outside the territory of our country, our country also enjoys jurisdiction, so as long as China people commit crimes or criminal acts or results, our country has the right to control what policies will restrict playing games in China, and tokens will be produced in the main games. The tokens produced in foreign games can be directly realized in the exchange, but the business related to virtual currency in China is characterized as illegal financial activities, and it is forbidden to issue coins. It is forbidden for the token financing trading platform to engage in the exchange business between virtual currency and legal tender virtual currency, and so on. For example, China Banking and Insurance Regulatory Commission, China issued a risk warning on preventing illegal fund-raising in the name of Meta Universe, reminding the public to be alert to fraud under the banner of Meta Universe blockchain game. Some lawless elements tied up the concept of Meta Universe and claimed to make money while playing games. The short investment cycle and high income lured participants into investing in China Internet by exchanging virtual currency and buying game equipment. The Internet Finance Association, the China Banking Association and the China Securities Association issued an initiative on preventing related financial risks, which made direct or indirect investment and providing financing support for investment as prohibited matters. All these made the game entrepreneurship in China subject to strict policy supervision. Is it necessary to obtain the game version number when a game is launched? This question should be distinguished between domestic and foreign countries. If the game is distributed in China, it is necessary to obtain the game version number according to the interim provisions on the management of game publishing and other legal provisions. How difficult it is for domestic game practitioners to get the version number? If there is no version number or set number to go online in China, the risk of administrative punishment will be heavy, and the crime of illegal business will be sentenced. Although whether the game goes online without the version number constitutes the crime of illegal business in the strict sense of criminal law, Lawyer Shao believes that there are still many cases in which game players have been convicted of illegal business in judicial practice. For legal analysis, please refer to the online game without the version number. I don't want to go into details. If the game is released abroad, it will not be limited by the version number stipulated by Chinese laws. For example, if the project party puts the game on the game distribution platform launched by an American company and there is no domestic version number limit, many consultants will further ask whether it is legal for the game with the highest shelf number to face domestic players. For relevant legal analysis, please refer to whether it is illegal to release the game without the game version number. In short, from the compliance point of view, whether the game with the highest shelf number is locked in the propagator or not. It is suggested that we should keep a low profile and do not conduct publicity and promotion in China. We need to be alert to pyramid selling risks at the publicity and promotion level, regardless of whether the game server is built at home or abroad. We should guard against pyramid selling risks in the process of promotion and promotion. The common mode of promotion is that users can generate their own exclusive QR code or link in the product poster. By sharing the QR code or link, if users register, they can get the relevant reward of the platform, which is called old play. Generally speaking, the commission income of the family is calculated according to the consumption of new players after entering the game, and a pyramid-like hierarchical structure is formed according to the order of joining the game. According to the laws of our country, pyramid selling refers to the way that organizers or operators develop personnel to obtain illegal interests and disrupt the economic order by calculating and paying remuneration to the developed personnel based on the number of personnel or sales performance directly or indirectly developed by them, or asking the developed personnel to obtain the qualification for joining on the condition of paying a certain fee. Behaviors that affect social stability If there are more than 30 people involved in pyramid schemes within the organization and the level is above the third level, the organizers and leaders should be investigated for criminal responsibility. Gambling is the most important legal risk that game entrepreneurs need to pay attention to. In the press conference held in the Supreme People's Procuratorate on January, it was clearly stated that the application software suspected of gambling has a remarkable feature, that is, the profit-making model with related cash withdrawal function naturally has gambling risks, such as a gambling in an ethereum. The gameplay is that it sets an hour countdown. As long as someone buys tokens in the game, the countdown will increase by seconds. As the prize pool gets bigger, it will become more expensive. The last player who buys can win a huge bonus at the end of the game. In addition, the players who hold it will also have a corresponding proportion of dividend income. If there is a probability gameplay in the game, players can get game props or tokens by playing the game, and these rewards can be realized in some way. For example, if they trade in a virtual currency exchange, game manufacturers can recover game props tokens from the gameplay directly or indirectly. 比特币今日价格行情网_okx交易所app_永续合约_比特币怎么买卖交易_虚拟币交易所平台

注册有任何问题请添加 微信：MVIP619 拉你进入群

文章转载注明 网址：https://netpsp.com/?id=60979