Shulou(Shulou.com)11/24 Report--

Can you sell your own WeChat account to others? It doesn't seem to work now.

Recently, the higher people's Court of Jiangsu Province announced a case concerning the sale of Wechat. Medical beauty Internet celebrity Cheng transferred nine WeChat accounts to Boss Zhao for marketing at a price of 500000 yuan. Zhao finally paid only 300000 yuan without paying the balance. Cheng sued to the court, but the court held that the sale and purchase agreement on the Wechat accounts of both parties was null and void and decided to reject all the plaintiffs' claims.

Zhu Hongping, a lawyer with Zhejiang Tiecheng Law firm, believes that the Wechat records of the nine Wechat accounts transferred by Cheng involved a large amount of client identity information, including identity card number, date of birth, address, medical records, and so on. These identity information belongs to personal information and is protected by law.

Zhu Hongping said, "although Cheng obtained the relevant personal information of his customers and obtained the consent of the customers, however, Zhao, who obtained this information through purchase, was able to promote products or services based on the goodwill accumulated by Cheng without express premise, which not only gave potential consumers a false subjective identity, but also obtained and used this personal information without the consent of Cheng's Wechat list friends."

According to Article 153 of the Civil Code: "Civil legal acts that violate the mandatory provisions of laws and administrative regulations are invalid." Article 1038: "without the consent of a natural person, his or her personal information may not be illegally provided to another person, except where a specific individual cannot be identified and cannot be recovered after processing."

The court explained that Cheng and Zhao are in the same industry, and that the transfer of Wechat accounts is actually to transfer customer resources, which is illegal. Article 253 of the Criminal Law stipulates that "whoever, in violation of the relevant provisions of the State, sells or provides personal information of citizens to others shall, if the circumstances are serious, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or independently be sentenced to a fine; if the circumstances are especially serious," shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently be sentenced to a fine. "

Does account transaction reflect the value of traffic? Internet technology blogger "Writer one City" believes that the biggest impression of this case is that the current traffic resources are really expensive.

"Why can WeChat accounts sell for 500000? what is the biggest role of these WeChat accounts for buyers? in fact, their biggest role is traffic, accurate private domain traffic." He believes that dozens of WeChat accounts filled with people mean that advertisements can be sent to hundreds of thousands of users with accurate needs in WeChat moments, and the order rate of this distribution method is self-evident, not to mention the extremely high price of medical beauty, so it is understandable that this large number of accounts sell for 500000 yuan.

But he also said that such "resources" should be traded to ensure users' right to know. "I originally added a cook as a friend, but if you sell your account to a kidney cutter, the rights and interests of consumers cannot be protected."

If the WeChat account does not involve other people's information, it is simply the WeChat account itself, okay?

In explaining the doubt, the relevant judge said that Wechat friends have identity and basic trust on personal WeChat accounts whose real names are authenticated. The act of selling one's own WeChat account to others without being told and the buyer posting information such as moments as the original WeChat account user is essentially a kind of fraud and infringes upon the right of Wechat friends to know.

In recent years, criminals have a high incidence of using Wechat to carry out fraud, gambling, pyramid selling and other illegal and criminal activities. Lawyer Zhu Hongping believes that in daily life, it seems that information about privately buying and selling WeChat accounts and other social accounts also seems to be rare, but Wechat accounts need real name authentication, binding mobile phone number and other information. Buying and selling WeChat accounts may not only infringe upon citizens' personal information, but also "help" swindlers.

In dispelling the doubt, the judge said that if you are allowed to buy and sell personal Wechat accounts without authorization, it will certainly breed more crimes and make it more difficult to trace the source of the crime. In order to protect social and public interests and citizens' right to information, even if individual Wechat accounts have certain economic value, it is not suitable to buy and sell freely.

In fact, your WeChat account is not your Wechat has formed its own stable ecosystem, in which a lot of people become famous and Nuggets. But in fact, most people do not understand the nature of this platform.

In fact, when registering to use Wechat, many people did not seriously read the "Software license and Service Agreement", which contains a lot of very important contents that are definitely worth reading carefully.

For example, 7.1.2 of Wechat's Software license and Service Agreement clearly states that the ownership of the Wechat account belongs to Tencent, and the user will only get the right to use the Wechat account after completing the registration formalities, and the right of use only belongs to the original applicant. At the same time, the initial applicant for registration shall not donate, borrow, lease, transfer or sell the Wechat account or otherwise permit the non-initial applicant to use the Wechat account. Non-initial registrants may not use Wechat accounts by receiving gifts, inheriting, leasing, transferring or any other means.

In other words, your WeChat account is not yours. In theory, you are just a passer-by of your WeChat account. The account belongs to Tencent, and the user is only the free tenant of this WeChat account. For example, can you buy and sell a house with someone else's name on the property certificate? Obviously not.

But are those self-media creators and entrepreneurs who work hard on Wechat too insecure?

Commander Gai Gai, an Internet technology blogger, believes that the social assets of young people are definitely not these accounts. "the most important social asset is yourself. If you make yourself stronger and bigger, you will naturally have huge assets."

Welcome to subscribe "Shulou Technology Information " to get latest news, interesting things and hot topics in the IT industry, and controls the hottest and latest Internet news, technology news and IT industry trends.