Compared with the hype of the concept, the specific applications that have actually been implemented at this stage and conform to the characteristics of the Metaverse are still dominated by foreign games such as Roblox. The metaverse game in the domestic market is still in its infancy, and the works of several well-known manufacturers have not attracted sufficient attention and recognition from the public. It is foreseeable that the domestic metaverse game market will be the key to the future competition of many manufacturers.
In order to avoid risks, Sister Sa’s team has sorted out the compliance points based on the existing laws and regulations and the characteristics of metaverse games for readers’ reference.
Restrictions on domestic metaverse games
Some friends may think that the regulatory authorities have not yet clearly defined the metaverse and its scenarios, and that bold attempts can be made in the absence of legal provisions.
But just like the view of “horse law is illegal”, the existing and effective regulations and laws of various departments are enough to limit the boundaries of metaverse games . Due to the existence of policies and regulations to combat virtual currency speculation and mining, it is very unlikely that China will copy the foreign metaverse game model. Sister Sa’s team believes that domestic metaverse games are mainly limited by the following two aspects:
1. The “money” of the metaverse game cannot be exchanged for fiat currency
The connection between the economic system and reality is one of the characteristics of the metaverse. The money in foreign metaverse games usually belongs to the virtual currency that is on the chain and circulated in the exchange.However, as we all know, firstly, ICO issuance is an administrative illegal act in China, and there are serious criminal law risks such as illegal fundraising. Second, virtual currency exchanges are not permitted by domestic law, and may be in line with the illegal operation of illegally engaging in fund payment and settlement business. situation.
Therefore, there is a legal obstacle to the existence of domestic metaverse game money in the form of tradable digital tokens, and the game currency that “can be in but not out” is more in line with the requirements of China’s regulatory authorities.
2. Items in the Metaverse cannot be arbitrarily extracted to the public chain
Wallet or exchange for fiat currency
Most of the items in foreign metaverse games are NFTs on the chain, which can be transferred to public chain wallets, exchanged for fiat currency, and even used in financial scenarios. Since there is no limit to the number of NFTs issued, if these models are copied, there is a risk of speculation for these virtual items, and there is a possibility that they may be identified as “virtual currencies” for supervision. To this end, Sister Sa’s team suggests controlling the circulation of in-game items in the metaverse . For the sake of gameplay, at most give these items some real rights.
Administrative Permissions Required for Metaverse Games
Under the circumstance that the aforementioned restrictions can be tolerated, the following administrative licenses need to be obtained to make the Metaverse World an online game that is legally published and sold in China:
1. Administrative license of the business entity
First, according to the provisions of Article 7 of the “Regulations on the Administration of Online Publishing Services”, engaging in online publishing services must be approved by the publication administrative department in accordance with the law, and an “Internet Publishing Service License” must be obtained .
It is worth noting that, according to the provisions of Article 10 of the “Regulations on the Administration of Online Publishing Services”, Sino-foreign joint ventures, Sino-foreign cooperative ventures and foreign-funded entities are not allowed to engage in online publishing services, and cannot obtain an “Internet Publishing Service License”. Games can be jointly distributed through cooperation, but such cooperation must be reported to the State Administration of Press, Publication, Radio, Film and Television for approval in advance.
Second, considering the economic characteristics of the Metaverse World, online games operating in the Metaverse World should be classified as “commercial Internet cultural activities”. In combination with the provisions of the “Interim Regulations on Internet Culture Management”, the main body of operating online games must report to the provinces and autonomous regions. , The cultural administrative department of the people’s government of the municipality directly under the Central Government applies and obtains the “Network Culture Business License” .
Third, in view of the fact that Metaverse World will provide users with operational services such as recharge, operators need to apply to the competent telecommunications management agency or the competent department of information industry of the State Council for processing and obtain the Value-Added Telecommunications Business License , that is, Commonly known as the ICP license .
2. The administrative license of each game itself
After the business entity obtains the above-mentioned qualifications, according to the “General Administration of Press and Publication, the National Copyright Administration, and the Office of the National “Crackdown on Pornography and Illegals” Working Group Office on Implementing the State Council’s “Three Regulations” and the relevant explanations of the Central Editorial Office, further strengthen the – approval and approval of imported online games management notice “, published in specific online games also require pre-approval of the General Administration of Press and publication, firstobtain the consent of approval of red tape , the second is made online games publication number , and according to news publication Administration requires timely completion of filing work.
write at the end
According to Sister Sa’s team, some foreign metaverse games have adopted Gamefi’s approach. Players can use automatic scripts to work in the game to make money. The fun of the game itself is no longer the main reason for attracting users.Lawyers who study public law have the characteristic of seeing things through, and so are the attitudes of regulatory authorities and judicial authorities towards metaverse games.
If the purpose of players’ exposure to metaverse games is not for the game itself, but to obtain monetary benefits, then the regulatory authorities and judicial authorities will also restrict this new thing from the most stringent financial supervision red line. Where the metaverse game will go in China depends on the practices of all parties .
Posted by:CoinYuppie，Reprinted with attribution to:https://coinyuppie.com/metaverse-legal-compliance-report-3-games/
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