Original title: "20 days in a row" game was suspended The prosecution platform was dismissed
Recently, a man in Liaoning was suspended by the platform for 441 hours of continuous playing games for 20 days, and the appeal request to unblock the account was rejected by the court, which caused concern.
On September 7, some online game industry insiders told jimu news reporters that the player's game time was indeed unreasonable. In Internet games, many players of various types of games have the situation of using plug-in script games.
Some lawyers believe that according to the judgment of the case, the man did use the plug-in game, and reminded the game player to see the game agreement and abide by the spirit of the contract.
Judgment (Image source Judgment Documents Network)
Gamer accounts were blocked against the platform
According to the judgment of the case, the plaintiff, Xu, registered a game account as early as 2015, and subsequently recharged more than 10,000 yuan to purchase virtual items. On March 31, 2021, the game platform permanently suspended its account on the grounds of using scripts, and Xu's repeated requests to unblock were rejected.
In court, Xu held that the account number and the virtual items purchased with money were his personal property, and the game platform had no right to unilaterally prohibit it. The game platform argued that Xu had violated the rules such as using scripts and that the suspension was reasonable.
The background data provided by the company shows that in November 2020, Xu's account had 151 hours for 8 consecutive days and 249 hours for 12 consecutive days; In addition, in January and February 2021, there were uninterrupted gaming behaviors that accumulated more than 129 hours for 7 consecutive days. From March 3 to March 22, 2021, the account accumulated 441 hours of games for 20 consecutive days without interruption. In addition, the platform monitoring found that the number of games per hour of the account reached about 10 rounds, which was greater than the 5-7 rounds of the normal hourly game, which was in line with the characteristics of the script "uninterrupted game".
From the above data analysis, the company's account game game data conforms to the characteristics of the script, that is, the automatic script will play the game non-stop, and the game frequency is higher than the game behavior of normal players, "it is impossible to complete by humans", so it is banned.
During the trial, the court found that Xu used scripts based on relevant evidence, and rejected his claim on the grounds that the time curve was seriously inconsistent with human "physiological laws".
Description of a game's violation (image source network)
Industry: Plug-ins are easy to monitor
"Judging from the facts of the case, it is very likely that the player used the plug-in script." Mr. Zhu, who worked for a game company in Guangzhou, told Jimu News that plug-ins are a third-party auxiliary software, and the use of plug-ins in games can make their characters' abilities stronger and the damage value of their skills greater; Not only can you use the mouse in the gun battle game, but you can also realize many functions such as "perspective" that are not in the game, which is actually what everyone calls "open and hang".
In addition, if you want to stretch the game time, even if you go to bed at night, you can use the plug-in script program to let the game run automatically and increase your game time. "In some games, the longer you spend online, the higher your points will be." Mr. Zhu said.
But after all, the plug-in is only a computer program, not a person, and its game frequency and method are relatively fixed, so it is easy to monitor in the background. Mr. Zhu introduced that the backstage of games such as Glory of kings and peace elites has special monitoring of violations in order to ensure that the game is carried out in a fair and just manner. Once violations such as plug-in scripts are found, blocking measures may be taken.
"No matter what the game, there are only three reasons for the suspension: not logging in for a long time, practicing on behalf of, and opening a third-party plug-in script." Mr. Zhu said that at present, online games cannot eliminate plug-ins, and can only improve the efficiency and accuracy of plug-in monitoring by detecting the "reasonableness" of data and player reports, so as to crack down.
A game page (image source network)
Lawyer: Use the plug-in to be banned to bear the loss
For this case, Yuan Sanhui, a partner lawyer at Hubei Yisheng Law Firm, believes that Xu and the game company have agreed through the rules of the game that the script cannot be used, and because Xu is in breach of contract, the game company's suspension behavior is not improper.
Yuan Sanhui introduced that according to the court's judgment, users need to read and agree to the relevant "Rules of the Game" before entering the game to use the game normally. Moreover, there are multiple entries in the Rules of the Game that stipulate that players may not distribute or use plug-ins by any means or acts; If the player uses the script, the platform has the right to suspend or permanently ban the player's account. At the same time, it is stipulated that the loss of being banned due to the illegal use of plug-ins shall be borne by the player himself. "The terms of the agreement are fair and reasonable, which is conducive to maintaining the principles of fair trade and good faith, and is conducive to maintaining the good order of the entire online game field." Thus the validity of the agreement was recognized by the court. ”
So is it possible that it is not a script plug-in, but multiple people operating the same account? In this regard, Yuan Sanhui believes that in the court, the game platform has provided evidence that the plaintiff's account has violated the "physiological laws" of human beings for hundreds of hours of uninterrupted games, which is in line with the characteristics of the script. The plaintiff did not put forward rebuttal evidence to overturn, according to the "high degree of certainty" of the civil litigation, it is more able to determine the evidentiary validity of the game platform, so it can be considered that Xu has a script plug-in. Based on this, the first instance and the second instance did not improperly determine that Xu had breached the contract and that the operator took no compensation measures based on the contract.
Yuan Sanhui reminded gamers that they need to carefully read the relevant game rules and service license agreements before entering the game, and at the same time abide by the spirit of the contract, and if they have a fluke mentality and default, they need to bear relevant responsibilities; In addition, it is also recommended that players do not indulge in the game, and do not challenge the physiological limits.