The customs clearance rate is less than 0.1%!The sheep had a sheep. "Suddenly burst into fire, netizens: It's time to be called" deceived a deception "

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A small game called "Sheep with a Sheep" suddenly burst into fire

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"Clearance rate is less than 0.1%" netizens have been scammed

This is a cartoon background elimination game. Players need to click on the card above, and the selected card will be moved down to the wooden frame at the bottom. A maximum of 7 cards can be stored in the box. Reach elimination. According to the official introduction, this is a very difficult breakthrough to eliminate mini -games with a customs clearance rate of less than 0.1%.

Some netizens said that this game is to let players watch advertisements, and some netizens call it a scam game.

Some netizens directly claim that this mini -game is fraud, so in the legal sense, does he belong to fraud? Some netizens also said that when they can't live, they will induce clicks or share friends for resurrection. This kind of fraud has attracted everyone to play. How can the behavior of making enough advertising fees for yourself? On September 15, a reporter from Henan Legal Systems interviewed Liu Yingli, a lawyer of Shanghai Jianwei (Zhengzhou) Law Firm with these questions and listened to what she said.

Whether "a sheep has a sheep" should be used in two aspects

Regarding whether this game belongs to fraud, Liu Yingli said, first of all, we must understand the definition of fraud on the legal level:

In the field of civil economy, fraud is strictly called "fraud". According to Article 148 of the Civil Code: "One party uses fraud to enable the other party to violate the real meaning of civil legal acts and be fraudulent. Fang has the right to request the people's court or arbitration agency to revoke it. "It can be seen that fraud in civil law generally refers to the behavior of the perpetrators intentionally deceived others, caught the other party's wrong judgment, and judge the intention based on this error judgment. It is worth noting that the fraud must be made of civil acts, and civil behavior is legal as a series of abstraction and generalization of a series of acts such as contract behavior, marriage behavior, and will.

In the field of criminal criminal crimes, fraud can constitute a crime of fraud. The crime of fraud refers to the behavior of illegal possession, using fictional facts or concealing the truth, to deceive the greater amount of public and private finance. Article Four, 266, and other crimes related to fraud are related to fraud.

"From a civil perspective, even if the customs clearance rate of the game program itself is the developer's intentional control or to meet certain trigger conditions (such as inserting an advertisement or sharing to a certain number), the player can be cleared. Being able to clear the customs, thus falling into a wrong understanding, that is, the game cannot be extricated, and the customs clearance will not be stopped. It is not fraudulent; in the criminal field, the game developer must be the purpose of illegal possession, so as to deceive the huge public and private finance. At present, there is no situation. It belongs to fraud. "Liu Yingli said.

The game clearance mechanism is opaque or infringement of game players' right to know

There are two levels of the game. The first level is equivalent to the teaching level. The second level deliberately sets up to be difficult to clear the level. From the screenshots of netizens, it can be seen that the last remaining cards cannot be matched at all. Netizens found that when they couldn't get there in the end, the game party would induce clicks or share friends for resurrection. Although this method is not a direct fraud with the money of the player (not for the player to recharge), this kind of deceit traffic attracts everyone to play. Is it a fraud? Or is qualitative as other behaviors? Is there a way to restrict or punish?

Liu Yingli said that if this is true, then the game developer is more likely to infringe the right to know the game player, because the game clearance mechanism is opaque and the public intentionally sets an advertisement. Relying on player strength or random luck. In the process of playing games, players do not belong to consumers. According to Article 2 of the Consumer Rights Protection Law: "Consumers need to buy, use goods or receive services for living consumption, and their rights and interests are protected by this law." In popular terms, consumers belong to their payment money or other property. The other party provides goods or services for them. In this game, players have not paid any fees or recharge, but they enjoy the service brought by the game. Therefore The game developer cannot be said to be deceived players.

In addition, the three departments of the National Internet Information Office, the Ministry of Industry and Information Technology, and the State Administration of Market Supervision and Administration jointly issued the "Regulations on the Management of Internet Popular Window Information Push Service" (hereinafter referred to as the "Regulations"), which will be implemented from September 30, 2022. Article 5 of the "Regulations" that clearly provides Internet pop -up window information push services shall abide by the following requirements: (7) Do not set up algorithms such as libraous obsession, excessive consumption, etc. Actions such as shielding information and excessive recommendation; do not use algorithms to portrays portraits of minors, push it to it that may affect their physical and mental health.

If the "Provisions" is implemented, this game is likely to violate the "Regulations on the Administration of Internet Population Information Push Service", and the relevant departments such as the network information department, the telecommunications authority, and the market supervision department will be paid in accordance with the scope of their responsibilities and regulations within the scope of their responsibilities and regulations within the scope of their responsibilities and regulations. It is processed. If you release false advertisements to induce netizens to be responsible and be punished by administrative punishment

Netizens voiced that the advertisement by the game party was a cheating advertisement at first glance. This kind of advertisement induces netizens to download software, loans, financial management, etc. If netizens are deceived by advertisements, is it responsible for the development of the game for advertising?

Liu Yingli said that the game developer of the published advertising here is legal definition of "advertising publisher". According to Article 2 of the Advertising Law, it can be seen that advertising publishers refer to advertisers or advertisers entrusted by advertisers or advertisers Natural persons, legal persons or other organizations published advertisements.

If the game developer fails to pay attention to the obligation to pay attention to, releases false advertisements, and induce netizens to download software and be deceived, according to Article 56 of the Advertising Law: "Violation of the provisions of this Law, release false advertisements, deceive, and mislead consumers. If the legitimate rights and interests of consumers who purchase goods or receive services are damaged, the advertisers shall bear civil liability according to law. Advertising operators and advertising publishers cannot provide the real name, address and effective contact information of advertisers. If advertising operators and advertising publishers are required to compensate first. If the false advertisements that are related to the health of consumers' lives or services will cause consumer damage, its advertising operator, advertising publisher, and advertising spokesperson shall bear joint responsibility with the advertiser. If the false advertisement of goods or services other than the provisions causes consumers to damage, its advertising operator, advertising publisher, advertising spokesperson, knowing that or knowing that the advertisement is still designed, produced, agent, published or made, and proves. It should be assumed with the advertiser's liability. "It can be seen that different circumstances need to be different to determine the responsibilities that the advertising publisher should bear, but no matter what the situation, the civil compensation liability required by the advertising publisher is undoubted.

In addition, according to the "Consumer Rights Protection Law" Article 45: "If the consumer provides goods or services because the operator uses false advertisements or other false publicity methods, its legitimate rights and interests can be damaged, and they may ask the operator to request compensation. Advertising operation If the publisher publishes false advertisements, consumers can ask the administrative department to punish it. Advertising operators and publishers cannot provide the real name, address, and effective contact information of the operator, shall bear the liability for compensation. " If the advertising publisher publishes false advertisements, consumers can also ask the administrative department to impose administrative penalties.

Therefore, if the developer of this game does publish false advertisements to induce netizens, it must be liable for civil compensation and administrative penalties.

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