Division and valuation of co-owned account in network platform:A case study of the property dispute of Huang and Chen's cohabitation
Network platform accounts contain not only combination of user name and password,but also various data,per-sonal and property interests.Network platform accounts are generated based on the service contracts signed between the platform and users.Users exclusively use the accounts through usernames and passwords and earn profits through methods such as fan rewards and live streaming sales.The contents posted on network platforms are the works created by the users and shall be deemed as intellectual achievements.The fans in the account are dependent on the user.Therefore,as a form of virtual property,shared network platform accounts are different from the virtual property such as online game e-quipment and cryptographic virtual currency.Their legal attribute is a new type of right,which has not only the attribute of property right,creditor's right and intellectual property right,but also the attribute of personality.Shared network platform accounts have the possibility of division.For shared network platform accounts with personality attributes,if the registrant is different from the operator,the division shall be based on the principle of retaining the maximum value of the account on the network platform,considering the emotional investment of fans and the continuous operation of the account on the network platform.The network platform account shall be divided to the actual operator and should provide value compensation to the registrant.The elements constituting the value of an account on a network platform shall include the account creation cost,operation cost,income from fans'tips,income from live streaming sales,income from advertising operations,etc.The combination of the cost approach,market approach and income approach can be adopted in evalua-ting the value of an account on a network platform.In the meantime,they may absorb the rules of network platforms,and use big data and other technical means to ensure the relative accuracy of the appraisal results.The forensic expertise a-gencies may work with network platforms to develop a virtual property value appraisal system,and take into full account the value appraisal opinions of network platforms to ensure the accuracy and impartiality of judicial decisions.
co-owned accounts in network platformsaccount divisionvaluation of account
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