Virtual Property: Legal Nature and Protection Possibility

This paper is devoted to studying of legal nature of virtual property. In the first chapter the legal status of property and characters specific to virtual property are defined. Also in the first chapter the definition of virtual property in narrow and in the broad sense is analyzed, regulation models, potentially applicable to the institute virtual property are researched. The second chapter is devoted to aspects, connected with definition of virtual objects, bringing out of their legal nature via examples of domain names, accounts in the social networks and user-generated content. Also in the second chapter correlation between virtual property and virtual objects is analyzed. In the third chapter potentially applicable remedy of virtual property are established. Subsequent to the results of the research the main characteristics of the virtual property were established: intangible nature, property nature, defence capability, commercial value, existence in the virtual world or on the Internet, persistence, simulation of the real world features and real property objects. Author has analyzed current approaches to the regulation of virtual property via examples of game property and has made the conclusion on possibility of application to the virtual property «other property» rules, prescribed by Civil Code of the Russian Federation. Along with the author analyzed the definition of virtual objects in the narrow and in the broad sense, established gaps in the regulation of those via examples of domain names, accounts in the social networks and user-generated content. It is established that virtual property and virtual objects correlates as the general and specific. Also it was established, that nowadays in cases of application to the virtual property the status of «the other property» rights of its proprietor can be protected by application of unreasonable gain rules.