"The Law of "You" can be followed" is a game-related legal knowledge column jointly launched by Mobile Games and Guangdong Guangyue Yang Jie's lawyer team. This column will list the most concerned legal dispute cases in the current game market, led by Yang Jie Senior lawyers in the legal team provide legal interpretation. In the twenty-fifth issue of "The Law of "Games", Yang Jie's legal team shared with everyone that Apple's mobile game recharge has been repeatedly banned. How can game manufacturers stop losses?
Recently, Taobao announced that due to the malicious use of the iOS recharge and refund process, game companies suffered losses, and game companies had to close user accounts in batches, resulting in a sudden increase in transaction disputes caused by third-party iOS recharge services in 2018. All mobile game recharge services will be removed from the shelves starting from June 27, 2020, and the subsequent opening time is to be determined.
Original announcement
Apple mobile game recharge has always been a headache for game manufacturers. A casual search on Taobao will reveal many stores that specialize in recharging mobile games in the App Store. The reason why this kind of store can attract customers is because of two words: cheap! For example, the exchange ratio between RMB and Honor of Kings points coupons is fixed at 1:10, that is, 68 yuan can only buy 680 points coupons, while the recharge store can purchase 715 points coupons for 58 yuan, saving 13.5 yuan. For the majority of people, For players who are not wealthy, this is undoubtedly very attractive.
So why do these recharging stores offer such huge discounts? How exactly do they make money?
1. Various charging methods
In order to achieve profitability, recharge shops have "created" many recharge methods, such as using exchange rate differences, black cards, 36 technology, malicious refunds, etc.
Let’s talk about the exchange rate difference first. We all know that exchange rates in the real world change all the time. However, for the sake of stability, the App Store will not easily adjust the prices of products. This may lead to the fact that when the exchange rate of the RMB against a foreign currency increases, the price of the product in the App Store is not adjusted accordingly, resulting in different prices for the same product. Agents can use this exchange rate difference to buy low and sell high. For example, in 2014, the currencies of South Africa and Russia depreciated significantly, which brought a lot of business opportunities to recharge providers, but caused huge losses to game manufacturers.
Now let’s talk about black cards. Black cards refer to credit cards from unknown sources, especially illegal credit cards bound to accounts. Using black cards to recharge games has caused a lot of bad debts. As a result, although many games have high turnover, the actual income of the manufacturers is very little.
The 36 technique refers to exploiting Apple’s micropayment vulnerability. Apple once did not verify orders initiated by users that were less than a certain amount, and directly sent a "payment successful" voucher to the game operator. The game operator received the voucher and shipped the goods to the user. But in fact, Apple did not deduct money when issuing the voucher. If the user only has 1 yuan on the card, this consumption can be completed, but Apple cannot complete the deduction, which is a "empty wolf". This kind of business with no capital and huge profits has allowed many recharge agents to "get rich" quickly. However, because Apple did not deduct the money and considered it as a bad debt, it did not settle the settlement with the game manufacturers, causing the game manufacturers to suffer extreme losses. Big loss.
Malicious refunds refer to requesting a refund after recharging or purchasing props, but the props that have been issued will not be taken back after the refund. Moreover, the App Store takes a 30% cut of each purchase. Even if the payment has been refunded, this part of the fee will not be refunded. That is to say, after the game developer provides services, it does not receive corresponding consideration. Instead, it has to affix a 30% channel fee. It is undoubtedly a loss of wife and loss of soldiers.
2. Mobile game recharging that walks on the edge of the law
Mobile game recharge is actually a zero-sum game. With the four recharge methods listed above, every money earned by recharge providers is filled with the blood and tears of game manufacturers. This practice is tantamount to robbing money from manufacturers, which is unethical and violates the law.
If mobile game recharge is achieved only through exchange rate differences, it can also be considered as taking advantage of the rules and is not illegal. Using a black card is a serious illegal or even criminal act. Depending on the different ways of obtaining and using black cards, according to the provisions of our country's criminal law, it may constitute the crime of obstructing credit management, the crime of stealing, buying, illegally providing credit card information, credit card fraud and theft.
Due to the purpose of illegal possession, 36 Technology and malicious refunds may be suspected of committing crimes of theft, fraud and illegal acquisition of computer information system data.
In 2015, a post-90s counterfeiter from Jinhua, Zhejiang Province used the App Store to maliciously charge refunds and was convicted of fraud. This is also the first malicious iOS refund case in the country. In 2017, the Beijing No. 1 Intermediate People's Court also made a ruling, finding that Wu and others used the loopholes in the recharge system to illegally obtain data (game currency) in the system to make money on their behalf, which constituted the crime of illegally obtaining computer information system data.
In addition, no matter what kind of charging behavior is adopted, because the mobile game charging behavior objectively seriously disrupts the normal order of the mobile game market, causing a large number of game manufacturers to suffer huge losses and affecting the normal development of the mobile game market, agency charging companies also It may constitute an illegal business crime.
Unfortunately, although our country’s laws do not lack means to regulate the act of charging on behalf of others, a search of cases on the Judgment Documents Network shows that there are not many cases in which criminal liability has been investigated for charging on behalf of others. The reasons may be manifold.
First of all, the charging behavior itself is not illegal. What is illegal are the charging methods such as black cards, 36 technology and malicious refunds. Faced with a flood of recharge agents on the Internet, investigative agencies are unable to identify them one by one. Secondly, although it is certain that there is a high probability of illegal behavior by chargers, game manufacturers are not actually sure which chargers actually use what charge method, making it difficult to report criminal cases. Finally, the investigation of cybercrimes is inherently difficult, and there are many difficulties in obtaining evidence. This objectively also leads to the embarrassing situation where it is difficult for game manufacturers to protect their rights.
3. The embarrassing situation of game manufacturers and Apple’s inaction
As a large channel provider, Apple’s revenue is usually several times higher than that of other channels. It is a “golden stock” that game manufacturers cannot abandon. However, such a golden channel is filled with mobile game recharge companies, wantonly carving up what belongs to them. The profits of game manufacturers may still be strong for large manufacturers, but the majority of small and medium-sized game manufacturers have limited funds and may not be able to survive the crazy "blood-sucking" of recharge agents. This will also greatly damage the confidence of game manufacturers and investors, and is bound to Affect the normal development of the mobile game market.
To solve the current problem, the most fundamental hope is that Apple should take active measures. But unfortunately, Apple's attitude is not positive. Of course, Apple has indeed taken some countermeasures, such as increasing refund requirements and shortening the refund time. But at least so far, Apple has not been able to eradicate the chaos of mobile game recharge.
We can neither give up Apple's "golden thigh", but must also accept the inaction of this "golden thigh". Game manufacturers are in an awkward situation. Game manufacturers can only find ways to minimize the losses caused by game substituting. In fact, more and more manufacturers have issued announcements to severely crack down on iOS charging behavior.
Taobao's announcement to remove mobile game recharge services this time is the result of the efforts of game manufacturers. Of course, it is worth noting that this is not the first time Taobao has paid attention to the mobile game recharge service. As early as last year, Taobao had already issued an announcement announcing that the mobile game recharge service would be removed from the shelves. But everyone has seen the results.
Moreover, the platforms that mobile game recharge merchants can use are far more than Taobao. QQ, WeChat, etc. are all good places for them to do business. And game manufacturers seem to have no way to cure them one by one.
In fact, as long as players have needs and recharge providers have interests, mobile game recharge cannot be eradicated. The best way should be for Apple to improve its refund policy and payment policy to eliminate the illegal profit margins of rechargers, but the current situation is not optimistic.
4. How game manufacturers respond
In the case where Apple cannot provide measures to eradicate the chaos of mobile game recharge, how should game manufacturers take active actions to minimize losses?
First, bigo live buy diamond can issue announcements to remind players of the risks of recharging (such as being defrauded, account theft, etc.), announce that specific punitive measures will be taken against illegal recharging players, and actively guide players to recharge through official channels.
Secondly, you can negotiate with the recharging shops or recharging dealers in Taobao/forums/WeChat groups/QQ groups to ask them to stop infringement. If necessary, you can issue a lawyer's letter or even a criminal report.
Thirdly, targeted prevention can be carried out according to different charging modes. For example: closing foreign currency recharge to prevent recharge agents from taking advantage of exchange rate differences; locking and tracking accounts that consume 6 yuan and 30 yuan multiple times in a day.
Finally, major game manufacturers can consider joining forces to enhance their bargaining power with Apple and require Apple to take active actions to safeguard the legitimate rights and interests of game manufacturers.
about Us
Yang Jie’s legal team is the only Internet lawyer team of Guangyue Law Firm. Since its establishment, it has been committed to providing customized, high-quality, and all-round legal services. Its business expertise is in Internet investment and mergers and acquisitions legal affairs, Internet company information security legal affairs, Internet company equity incentive legal affairs, and Internet company trademark and intellectual property legal affairs. , Internet company confidentiality and non-competition legal affairs, contract legal affairs, corporate legal affairs, litigation legal affairs, etc. Current customers include Tencent WeChat, Alibaba Group and many other large Internet companies, entrepreneurial Internet companies, and companies in traditional industries transitioning to the Internet. Customers include comprehensive Internet companies, online game companies, Internet live broadcast companies, Internet advertising companies, Internet marketing companies, e-commerce companies, Internet financial companies and other types of Internet companies. For more legal consultation and assistance, please contact Yang Jie’s legal team at:
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