Introduction Do you still remember the MLM case of "Magic Farm"? An Internet Technology Co., Ltd. in Guangzhou developed an online game called "Magic Farm" to the market. The game requires players to purchase virtual roses on the site with a minimum of 330 yuan, register as a member to obtain virtual land, and rely on planting 330 virtual roses. Roses and the development of others to participate in gaining income, each virtual rose is worth RMB 1 and can be withdrawn or traded freely. In the end, the platform stopped cashing on August 8, 2017, and the platform server was shut down on August 16, 2017. The public security organs successfully solved the case on September 20, 2017. Over 120,000 registered players in this game were obtained directly from the game platform. 16.51 million yuan.
The author mentions the old news again. The reason is that the recent MLM activities in the game industry are showing signs of resurgence. How to correctly determine whether a game constitutes an MLM crime, clarify the difference between normal game promotion and illegal MLM, and protect the legality of game agents Equity also helps players identify MLM puzzles.
文字 The traditional MLM model is divided into single type and combined type, and game MLM, in view of its "game" cloak, is more in line with the single type MLM model in terms of operation techniques. The discussion will focus on the single-type MLM, let's talk about the five basic elements of the single-type MLM model.
① The paid nature of membership. means that if you want to join the organization, you must first pay the membership fee. The membership fee can be in various forms, which can be paid or purchased in kind. The common forms of membership in game MLM are: "Sneak and Go" games can only be scanned by the QR code issued by the player Enter, after logging in to the game, you need to recharge and purchase a certain amount of virtual currency to operate the game; the "silly white sweet style" first transfer the investment money to the online player to become an official registered user, the online player will give the offline player a game link, and then click it every day Log in to your account with this link and start the operation; the "righteous and rampant style" directly puts the game APP on the platform for users to download, and later invests in the game team built by the player group to operate.
The membership here is paid, we need to distinguish it from the traditional game membership system. The normal "gaming membership system" is generally VIP grading, high-level VIP members can send equipment, pets, etc. DNF has a "black diamond member" privilege, with a monthly recharge of 20 yuan, you can compare to ordinary players An extra 32 points of fatigue value will be rewarded by flipping one more card through the dungeon. The purpose of developing the "game membership system" is to cultivate player loyalty (kè jīn). When a player becomes a member, he obtains the exclusive rights granted by the game operator, such as adding equipment, sending skins, and rewarding points. The membership in game MLM activities is not the right to consumer preferences, but the "right" of the subscriber to obtain development personnel and remuneration or rebates based on the number of personnel developed.
② The organization level reaches the third level or above. The basic requirement for the crime of organizing and leading MLM activities is that "the number of personnel involved in MLM activities within the organization is more than 30 and the level is above three." This level refers to the upper and lower levels between the organizer, the leader and the personnel involved in MLM activities. Line relationship level, not the identity level of the organizer and leader in the MLM organization.
The calculation of MLM level is related to whether the MLM activity constitutes a crime. Level 3 or higher is the standard for prosecution. Otherwise, it will be handed over to the administrative department of industry and commerce for administrative punishment; in practice, is generally the highest level and the lowest level Generally not counted as levels, and the last three levels will not be held accountable. The author believes that the level of MLM crime should be understood from two aspects: personnel development and benefit transfer. On the one hand, there is a relationship between development and development; on the other hand, the income of the online comes from the dues paid by the offline, for example, the online directly deducts part of the payment from the dues paid by the offline as its own remuneration.
In reality, some suspects who organize and lead MLM activities have a fluke mentality, believing that game MLM is done entirely on the Internet, and it is difficult to grasp the evidence for the organizational structure and hierarchical relationship. This is naive! The so-called "magic height is one foot high, the road is one foot high". A software supplier has developed a data analysis software that can simplify complex investigations andIntelligence analysis finds out the relevance in network data, so that the original data presents intuitive visual information.
③ There is a running carrier. Any MLM organization must have a carrier, which is similar to a rope connecting the operation mode of MLM. Commonly, there is a very promising project, a crazy global item, a service with great investment value, etc.; The operational carrier of game MLM has its limitations. It cannot describe the project, has no physical objects, and cannot provide services. What does it rely on? It mainly relies on the concept of "financial management". Players recruit offline players by sharing QR codes and collect commissions from offline players at all levels.
④ Rely on the development of head to obtain high income. In recent years, a large number of financial games such as farms for planting fruit trees and pastures for raising chickens and eggs have entered the market. The usual model of such platforms is called "split disk", which is a financial project determined by demand. Understand it as a stock that is constantly "sending high" and the price only rises but does not fall-split is the increase in the number of stocks, and the price increase means that the unit price is getting higher and higher. The speed of the split and the rate of price increase are based on new investors. The amount of funds is determined. Therefore, once such a model does not have enough incremental funds to enter, it will be difficult to continue. As a player, in order to obtain high returns, it is bound to enter the game through the development of offline investment.
⑤ Causing consequences that endanger the social and economic order. The harmful consequences of pyramid schemes are not the focus of this article. This article focuses on the behavior of "defrauding property", which overlaps with the crime of property infringement. When the behavior complies with the crime description of the crime of fraud and fund-raising fraud, according to the basic theory of the criminal law, it should constitute an imaginary joint offender, and choose a felony to be punished. The maximum sentence for the crime of fund-raising fraud is life imprisonment. Compared with the crime of organizing and leading pyramid schemes, it is a felony.
The main characteristics of illegal fund-raising are: First, it raises funds from unspecified objects in violation of regulations without the approval of the relevant authorities; Second, it promises to give money, in-kind and equity to the investor within a certain period of time The third is to cover up the purpose of illegal infringement of others’ property in a legal form. Although the crime of pyramid schemes and the crime of illegal fund-raising both share the common deception, there are differences in the "fraud" of the two. The "fraud" in the crime of fund-raising fraud is for the purpose of illegally possessing the funds of others; the "fraud" in the crime of pyramid schemes It is to cheat others to join the MLM organization and achieve the purpose of illegal profit through the operation mode of the MLM organization.
In order to better illustrate that the game’s MLM methods are different, and the charges may be different, this article gives an example.
The player Ms. Liang joined X Game after being introduced by an acquaintance. First, she invested more than 6,000 yuan to become a full member in the “silly white sweet” way. Then the acquaintance gave Ms. Liang a link. The game is very simple. The process of making and selling crystals. A few days later, Ms. Liang was drawn into a team called the "Zijin Clan" to become a member of the team. Every day the group will publish crystal purchase information. Ms. Liang and other team members log in to their accounts to sell crystals, and all fund transfers are done through WeChat. The introduction of X game in the group is "the game is risk-free, not illegal, and compensation is guaranteed" to induce new players to continuously develop offline. Finally one day, no one in the group bought the crystal again, and most of the team members began to "crash" with a backlog of crystals that could not be sold.
The above-mentioned game MLM method is more likely to be regarded as a crime of fundraising fraud. The reasons are as follows: On the one hand, in terms of organizational structure, the hierarchical structure of X game is flat and radial. Ms. Liang There may be rewards for recommending new people to come in. On the surface, it seems to be continuously developing offline, but in fact there is no such hierarchical relationship as "fundraiser-Ms. Liang-Zhang San-Li Si", but just a "fundraiser" ——Ms. Liang", "Fundraiser-Zhang San", "Fundraiser-Li Si" This kind of fundraiser has a direct relationship with players. There is no "commission" relationship between Ms. Liang and Zhang San and Li Si. Ms. Liang's income comes from crystal trading rather than rewards from recommended players. This is obviously different from the MLM crime. MLM crime has an obvious hierarchical relationship, and the income generated by the player's recharge of their offline games can be included in their own commission.
On the other hand, from the analysis of game play rules (also called investment plan), the selling point of X game lobbying players to join is "only earning but not losing, high income" to attract victims to investThe purpose of defrauding the victim’s investment funds; compared to another H5 off-chain game "Happy WeChat Doll" that was shut down by WeChat, it is a five-level pyramid-style establishment of offline, and commissions are drawn level by level. The main source of profit from crime is not repayment of capital and interest, but rather a payment based on the number of people.
At the end of the article, the author reminds all players that while playing the game, they must pay close attention to identifying MLM scams, so as not to respond to the old saying in Guangdong, "The greedy word is too poor and the plaything is also killed"!
Author: Leisure lawyers focus on research legal practice of online games and gaming, as private legal counsel more than anchor, electric campaign hand to provide special legal services to independent game studios and gaming clubs, solve brokerage contract , Labor contract, copyright, unfair competition and other disputes.