The plaintiff of the case is a Shaanxi Cultural Communication Co., Ltd , The defendant is Ding Xiaoxuan . Defendant on 2018 year 10 month 31 Started to work in the plaintiff's company , Manage and operate the tiktok account of this case. , And during the operation, tiktok account will be authenticated to its own name. , Now the tiktok account fan is about. 4.4 ten thousand people . Defendant on 2019 year 11 Month leave , The two sides did not reach agreement on the real name authentication change of the tiktok account. , Therefore, the lawsuit of this case is caused .
During the trial of this case , The judge in charge realized that the ownership of digital account and the change of real name authentication should be confirmed in this case , Such cases belong to a new type of cases , Therefore, we should pay attention to the collection of relevant papers in the trial process 、 Consult an expert , Based on the theoretical research results, three characteristics of tiktok account are summarized. ： It is dominated and exclusive 、 Certain economic value ; It also exists in cyberspace “ Tangible existence ”, Accordingly, the case is tiktok account is special. “ matter ”, Fair according to civil law 、 The principle of good faith is special to the “ matter ” Relevant rights shall be punished . On the other hand , The judge actively tiktok the operation company. , Tiktok confirmed that the case of the real name system in the trembling account can be changed in the technical aspect. . Take these facts together , Confirm the plaintiff tiktok's actual user according to law. , The defendant assisted the plaintiff in handling the tiktok account's real name authentication change. ; And because the defendant's real name authentication is an official behavior , There is no intention of infringement , Therefore, the plaintiff claims compensation 10000 Yuan's claim was rejected .
It is reported that , The case is the first case of real name tiktok dispute accepted by the court of stele forest. , Such cases are also novel cases in China . The judgment of this case analyzes the nature of litigation data account , Confirm that it is special “ matter ”, According to the principle of civil law, the authentication of real name system of account is dealt with , This paper clarifies the judgment rules of data account ownership and real name authentication , It makes a positive exploration for data use and virtual property protection .
writing ： Duan Xiuli / chart ： Luo Mengzhe
edit ： Sun Yuying
Coordinating editor ： Ma Ning
Editor in chief ： Yao Qiming