What behaviors will cause pitfalls for NFT digital collections?
Source: Lawyer Liu Honglin
The regulatory red lines for many games and activities in the digital collection industry are still unclear, and the positive development of the industry cannot be separated from the efforts of everyone. For data storage platforms that do engage in illegal activities and damage the industry ecology, the process of user rights protection is precisely the process of regulating the development of the industry. However, in the process of safeguarding rights, one still needs to safeguard rights rationally and grasp the direction and sense of proportion, so as to effectively safeguard one's legitimate rights and interests and avoid causing unnecessary trouble to oneself.
Therefore, this article will talk about the pitfalls that platform users should avoid when legitimately safeguarding their rights, and how platform bosses should deal with irrational rights protection.
01 The difference between legitimate rights protection and irrational rights protection
To determine whether it is legitimate rights protection, you can consider the following three main aspects:
Is the motive for safeguarding rights legitimate?
The motive of rights protection, that is, whether the purpose of rights protection deviates from the real dispute between the two parties, whether it is to protect one's own rights and interests, or whether it is purely for the purpose of claiming compensation, such as a professional anti-counterfeiter in the food industry.
Are the means of safeguarding rights legal?
Rights protection methods should be carried out without affecting the legitimate rights and interests of the other party or third party, and without violating laws and regulations. Illegal rights protection must not be carried out in the form of fabricating reasons, forging evidence, providing false information, etc.
Is the basis for rights protection sufficient?
The basis for rights protection refers to whether there is evidence for the creation of rights and whether the scope of rights is necessary and equivalent. Whether the claims made have a certain factual basis or legal basis, or are they delusional or fabricated claims, such as "hush money", etc.
02 Key points for legitimate rights protection and avoiding pitfalls
It can be done unless prohibited by law. As long as the user's rights protection methods do not infringe on the legitimate rights and interests of others or violate laws and regulations, it is an effective way to safeguard rights and interests. To put it simply, the current rights protection methods in the digital collection industry mainly include the following: complaints and reports, private negotiation and communication, civil prosecution, criminal prosecution, etc.
There are various means and approaches. Which method to choose can better achieve the expected results and effectively compensate for personal losses, which requires comprehensive consideration based on the details of the platform's operation. However, you should avoid stepping on the following pitfalls during the rights protection process.
Follow blindly
lack of legal awareness
too radical
03 Legal risks of irrational rights protection
The road to rights protection is long. In order to mobilize the enthusiasm of other users, some people may adopt irrational methods such as human flesh exposure, personal attacks, insults and abuses, fabrication of platform-related facts, and gatherings to cause trouble. This not only affects the normal operation of the digital collection platform, but also affects the normal operation of the digital collection platform. It may also cause serious trouble to the physical, mental and life of the platform's main operators. The following is a brief analysis of several common radical behaviors and countermeasures:
Legal risks of insulting and verbal abuse
Legal risks of fabricating facts
Legal risks of rioting
How should the Shuzang platform respond?
When dealing with rights protection matters, digital collection platforms should maintain a correct attitude, face it proactively, and use multiple means to resolve the crisis.
04 Mankiw lawyer’s advice
All in all, the best way to protect the rights and interests of both the platform and the users is to act within the legal framework.