While most of the Western world has been grappling with publishers and big tech companies about digital ownership, a Redditor who claims to be married to a Chinese lawyer and certified Chinese-English translator said that multiple Chinese families have successfully sued “for the right to inherit their deceased relatives’ game accounts.” u/Slawrfp shared summaries of three rulings favoring a gamer’s estate with regards to digital ownership on a subreddit. These cases go beyond game ownership, too, as they also tackled digital assets, in-game purchases, Bitcoin, and even social media accounts.
Chinese gamers have successfully managed to sue for the right to inherit their deceased relatives’ game accountsfrom r/pcmasterrace
“Chinese courts view game accounts and microtransaction purchases as something of monetary value, and therefore gamers have rights related to those assets,” u/Slawrfp wrote. “Chinese courts reject the idea that standard non-transferability clauses can stop you from inheriting or bequeathing a game or even individual microtransactions (of the same nature as CS:GO knives or skins in other games) and have made this ruling in multiple cases.”
u/Slawrfp cited several cases — the first one is called “the Golden Blade case," which arose out of a dispute between two parties in 2009. The issue started when the wife (Li Lan) of a deceased gamer (Lu) wanted to sell the “Golden Blade” he acquired in the game Zhengtu, a now-defunct MMORPG. However, Lu required the cooperation of his “in-game wife,” Yang Yuan, to get the item, and therefore argued that she should get ownership.
In the end, the court ruled that since Lu put in the effort, paid for internet access, loaded up with in-game credits, and that buyers were willing to acquire the item for around RMB 50,000 (around $7,350 at the current exchange rate), then it had the attributes of property and could be inherited by his legal wife. Aside from that, DeHeng Law Offices [machine translated] said that the “in-game marriage” between Lu and Yang had no legal bearing, so Li Lan stands as the inheritor of Lu’s properties. But because Yang spent a similar effort in helping Lu to acquire the artifact, its ownership belongs to both, so both Li Lan and Yang Yuan are entitled to 50% each of the asset’s price.
Another case in 2024 tackled a deceased user’s Bitcoin holdings, a gaming account worth nearly $30,000 (RMB 200,000), and a social media account. According to Chinese lawyer Wang Lianghua on the Chinese social media platform Toutiao [machine translated], the inheritor’s lawyer argued that virtual property has attributes of legal property because it could be traded, has value, and could even generate profits, which meets the “scarcity, disposal, and value” definitions of property. On the other hand, the platforms holding these digital assets argued that ownership belongs to them based on the agreements that the user accepted when signing up for the account.
The court judged that virtual assets, including Bitcoin, game equipment, social media commercial rights, and domain names, among others, are included in the deceased’s estate and are inheritable, and that operation of social media accounts can also be passed on to the heirs. However, private content, such as chat records and other “purely personal interests,” cannot be passed on and are instead archived by their respective platforms. Lastly, the “inheritance prohibition” included in most license agreements is invalid as they violate statutory rights — platforms are required to assist with inheritance requests and could ask for supporting documentation as well as charge reasonable costs.
Aside from these cases, there was another one where a mother lost her son and asked a gaming platform to give her access to his accounts. The court ruled similarly as the previous case, saying that the gamer’s accounts, character data, virtual items, and other assets are virtual property, and thus, inheritable. The company was then obligated to cooperate with the mother and transfer all inheritable rights to her.
These court cases offer a stark contrast in most of the rest of the world, where publishers could cut you off from your media library the moment their licensing contracts expire. The Steam subscriber agreement also prohibits the transfer of a Steam account — and with U.S. courts counting games as digital licenses, then Valve cannot be compelled to pass them on to the user’s heirs. Digital rights are a hot topic among gamers and consumers, especially as many big tech companies transition from selling physical copies of games to going all digital, and preservationists fight to keep game archives alive.
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