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

CTOnews.com, December 18, according to the Shanghai No. 1 Middle School Court, recently, the Shanghai No. 1 Intermediate people's Court concluded an appeal case over a game service contract dispute according to law, applying Article 497 of the Civil Code, and found that the game company's provision on "if the user does not log in to the game for 365 consecutive days, the company has the right to delete the account" is invalid.

In January 2020, Xiao Wang downloaded a popular mobile card game. After downloading, Xiao Wang clicks to enter the registration, and the "Game license and Service Agreement" pops up on the page. Xiao Wang clicks to read and agrees, completes the real name authentication according to the prompt, and binds the mobile phone number. In order to have a better game experience, Xiao Wang recharged more than 4000 yuan to buy props before and after, and reached the VIP11 privilege level.

In early May 2020, Xiao Wang tried to change to a new mobile phone number, but failed several times. Xiao Wang asked the customer service how to operate, but the customer service replied, "I don't support unbinding for the time being. I'm sorry to further optimize and improve it later." Xiao Wang looked through App and found that the game "customer service-FAQ-account-how to unbind the bound account?" It is also stated that "in order to ensure the security of your account, bound third-party accounts cannot be replaced or unbound", "it is so unreasonable!"

Xiao Wang remembered that he signed a "Game license and Service Agreement" when he registered, and examined the terms of the agreement carefully, which is indeed unreasonable, especially Article 5.3 "users fully understand and agree that in order to make efficient use of server resources, if the user has not used the game account to log in to the game for a long time, the company has the right to log in to the game as necessary and with advance notice. If we take measures such as deleting the game data and related information under the account, the above disposal may lead to the loss of the relevant rights and interests of the user under the game account, for which the company does not bear any responsibility. "

Xiao Wang believed that these regulations of the game company had violated the legitimate rights and interests of normal users, so he filed a lawsuit with the court, asking the court to confirm that the above two provisions in the game were invalid, and asked the company to provide the service of changing and unbinding the game account and Wechat if Xiao Wang was not bound to any other social account.

In this regard, the court held that the game company did not provide evidence to prove that it was overburdened by dormant account management and operation, while the serious consequences of deleting user accounts were obvious. Moreover, the game company directly deletes the account if the user does not log in to the game for a consecutive year, the time limit is not reasonable, and the disposal method also lacks the honesty and credit of the transaction. Therefore, the standard clause on the rights of Xiao Wang as a user is not reasonable, so it should be invalid.

As for another appeal of Xiao Wang, the game company has provided unbinding services in the lawsuit, and Xiao Wang has also realized the unbinding of his game account and mobile phone number. Therefore, there is no need for the court of first instance to support it. The court of first instance ruled that Article 5.3 of the Game license and Service Agreement signed between Xiao Wang and the game company was invalid and rejected Xiao Wang's other claims.

The game company was not convinced and filed an appeal to the Shanghai No. 1 Intermediate people's Court to reject all of Xiao Wang's claims in the first instance. Game companies believe that the main purpose of deleting dormant accounts is to protect the interests of most users and crack down on bulk registered accounts in the underground industry. This clause is a general provision of domestic games, which is reasonable, legal and compliant, and does not infringe upon the legitimate rights and interests of any normal users.

CTOnews.com learned that the court of second instance found that the deletion clause of the dormant account involved in the case exceeded the necessary limit, and that the restriction on Xiao Wang's main rights was unreasonable and belonged to the situation in which the format clause stipulated in Article 497 of the Civil Code was invalid. The Shanghai No. 1 Intermediate people's Court rejected the appeal and upheld the original verdict.

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