With the rise of the game industry, the game segmentation market is becoming more and more accurate. In order to improve the game experience and modify the game difficulty, the "Game Modifier" came into being. From the earliest "Kingsoft Ranger", "Button Steps" and "Golden Finger" to the new era of "Wind and Spirit Moon Shadow" and "All kinds of online game data modifiers". The market for "game modifiers" is getting bigger and bigger. Compared with stand-alone games, the use of "game modifiers" in online games is even more criticized because the experience of stand-alone players is only dependent on yourself. In your own "world", you can play whatever you want. Using "game modifiers" in online games will not only affect the experience of other online players, but also have certain criminal risks. This type of online game modifier has a special name - "online game plug-in" (hereinafter referred to as "online game plug-in". Today we will discuss the criminal risks of "online game plug-in".
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What is "plug-in":
Plug-in is actually a third-party auxiliary software, a "game modifier" specially programmed in order to modify the numerical data of certain game software. Generally, "plug-ins" are cheating programs or software that seek benefits for players by modifying game data. That is, cheating programs made by using computer technology to perform non-original operations on one or more software, tampering with the original normal settings and rules of the game, greatly enhancing the skills and ability to surpass conventional rules, thereby achieving the benefits of easily obtaining victory, rewards and pleasure, and making cheating programs made by changing some programs of the software. (The above explanation comes from Baidu Encyclopedia) The principle of
"plug-ins":
's main application principle is to use packet and packet capture tools to submit fake parameters to the game itself or the game server in the game to change the character abilities in the game. Using plug-ins has certain risks, especially in non-stand-alone games, which destroy the fairness of the game, may also be banned from the account. (The above explanation comes from Baidu Encyclopedia) The criminal risk of
"plug-in":
"plug-in" will have criminal risks, and the risks are slightly different for different people.
plug-in producer: may be suspected of destroying computer information systems, illegally obtaining computer information system data, and providing programs and tools for intrusion and illegally controlling computer information systems. If the amount of plug-in sales is large, it may also be suspected of illegal business operations.
plug-in user: Because each user uses it differently, if you use it for profit (such as stealing other people's accounts or transferring items in the game in other people's accounts) you may be suspected of different crimes. It's just that using "plug-ins" alone may not involve criminal risks.
Crime analysis:
Crime of destroying computer information system: " Criminal Law of the People's Republic of China " Article 286 [Crime of destroying computer information system] Violating national regulations and deleting, modifying, adding, and interfering with the functions of computer information system, causing the computer information system to fail to operate normally, and the consequences are serious, and the sentence shall be sentenced to fixed-term imprisonment of not more than five years or detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than five years.
Crime of illegally obtaining computer information system data: Article 285 of the Criminal Law of the People's Republic of China stipulates that illegally obtaining computer information system data and illegally control computer information system refers to serious behaviors that violate state regulations, invade computer information systems outside the fields of state affairs, national defense construction, cutting-edge science and technology, or use other technical means to obtain data stored, processed or transmitted in the computer information system, and are serious. Article 285, paragraph 2 of the Criminal Law clearly stipulates that if this crime is committed, he shall be sentenced to fixed-term imprisonment of not more than three years or detention, and shall be fined alone; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years, and shall be fined.
provides programs and tools for intruding and illegally controlling computer information systems: According to Article 285 of the Criminal Law of the People's Republic of China, Article 285, paragraph 1 of the Criminal Law protects computer information systems in the fields of state affairs, national defense construction, and cutting-edge science and technology. Article 9, Paragraph 1 of the Criminal Law Amendment (VII) adds 1 paragraph to Article 285 of the Criminal Law as paragraph 2, expanding the scope of protection of computer information systems, and will violate national regulations, invade computer information systems other than those provided by paragraph 1, or use other technical means to obtain data stored, processed or transmitted in the computer information system, or implement illegal control of the computer information system, and serious behaviors are stipulated to be a crime.
"plug-in" criminal cases defense strategies and techniques:
"plug-in" industry belongs to a link in the "industrial chain" of computer cyber crime . This type of crime has a high technical threshold and is generally conducted remotely and non-contact, which also marks that there are many possibilities for defense of such cases. This type of case puts forward new requirements for the defense lawyer's ability. The defense lawyer requires an in-depth understanding of the "industrial chain" and a deeper understanding of the angles of technology, industrial chain, capital transfer, etc. in order to propose a unique defense strategy for each case. Finally, a defense strategy is formulated from the perspectives of the jurisdiction, technical level, role status, electronic data, social danger, and the necessity of detention.
is written at the end:
Because game plug-ins are generally based on other network programs and rarely have legal publication numbers. Therefore, selling game plug-ins on the Internet is likely to be suspected of illegal crimes, mainly for suspected illegal business operations, damage to computer information systems, and illegal acquisition of computer information system data. If you encounter such problems, it is recommended to consult a lawyer to communicate and strive to be acquitted.
Welcome to communicate and consult, please contact lawyer Zhou Xi: 13971395660 (same number on WeChat)
