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False propaganda, price gouging, digital collections become popular and need to fill the regulatory gap


2022-06-16 10:05:22

["Tide Economy" Expects New Norms 6] The popularity of digital collections needs to fill the regulatory gap

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Digital collections have gained popularity in cultural and creative fields in the past two years.The reporter's investigation found that some digital collection platforms are constantly renovating their hype methods. Some platforms use capital to "raise prices" for their collections in the secondary market while issuing collections; some conduct false propaganda or even run away with money... There are also legislative and regulatory gaps in this area that need to be filled urgently.

An avatar is worth millions of yuan; digital collections priced at tens of thousands of yuan are sold out in seconds; a picture that starts with a few dozen yuan can be sold for thousands of yuan... In the past two years, digital collections in the field of cultural and creative "Fire.


The reporter found that some digital collection platforms use making money as a gimmick, setting up various "playing methods" to attract new players, and the industry hype is getting stronger.Due to the lack of corresponding supervision, some platforms even deceive consumers and run away with money.

Professionals believe that relevant departments should issue guiding opinions on this, regulate the qualifications of digital collection platforms and market transaction rules, and guide the healthy development of the industry.

Digital collection transactions staged "drumming and passing flowers"

Digital collections, also known as NFT (non-fungible token), refer to non-fungible tokens that are encrypted through blockchain technology to make specific works and artworks unique, including but not limited to digital paintings, pictures, music, Accessories, 3D models, etc.At present, domestic digital collections cover the fields of cultural tourism, sports, art, entertainment and fashion.

Digital collections are conducive to promoting the digital transformation of cultural and creative products.In January this year, Henan Luoyang Museum released a digital collection based on the "Northern Wei Shihu" for the first time, limited to 10,000 copies.Li Yan, head of the Luoyang Museum Cultural Relics Protection and Restoration Co., Ltd., told the "Worker Daily" reporter: "Unexpectedly, it was all sold out within 1 minute of going online."

During the Dragon Boat Festival, Luoyang Museum struck while the iron was hot and released 5 more digital collections of "Luoyi Shengjing". Each collection was limited to 3,000 pieces, priced at 39.9 yuan each, and sold out within 3 days.It is understood that the digital collections of many cultural and museum units have similar sales experiences.

Li Yan said with emotion that before, the museum's definition of cultural and creative products was limited to entities such as clothing, stationery, toys, household items, dining utensils, hanging accessories, works of art and ornaments, "Digital collections have opened up a new world for the cultural and creative product industry. door".

Pan Helin, co-director and researcher of the Digital Economy and Financial Innovation Research Center of Zhejiang University International Business School, believes that the reason why digital collections are collections comes from the recognition of users, and the IP concept and artistry contained in collections should be purchased by consumers. The main motivation for digital collections.

Senior player Tang Brown told reporters that most domestic players are post-90s and post-00s, and many of them are college students."Some of them are optimistic about the future prospects of the metaverse and digital collections, but most people enter the game because they hear that this can make money."

Can digital collections really make money?Tang Brown bluntly stated that the current digital collection trading market is similar to "passing flowers by drumming". As collections change hands, this transfer process may be interrupted by someone at any time.

"Some players can only sell at a low price after taking over at a high price, and some college students even take high online loans for this." Tang Brown said.

There are platforms that act as both "referees" and "athletes"

Xue Jun, a professor at Peking University Law School, analyzed that digital collections, as a new phenomenon, are only based on digital authentication technology, which is not special.He pointed out that part of the reason for the current popularity of the digital collection field is that some criminals use the new concept to hype it.

It is understood that some digital collection platforms use the guise of "send airdrops" and "synthesis" to attract new users to join, and there are other hype methods that are constantly renovated, such as 0 yuan snapping, random gifts, and blind draw boxes.Some platforms even act as both "referees" and "athletes". While issuing collections, they use capital to "raise prices" for their collections in the secondary market.

"Some platform collections are of average quality but extremely high prices. They are obviously 'capital disks', and some don't even have the qualifications to release collections." Li Hui, a player and platform service provider, said.

Since the beginning of this year, the digital collection industry has ushered in an explosive period.According to data, the number of domestic digital collection platforms has grown from less than 100 in February to over 300 in May, and the transaction volume has also increased significantly.

At the same time, consumers continue to claim that their rights and interests have been damaged.Player Yang Lin said that the most common problem is that the platform promises newcomers to buy collections and send physical gifts, but it has not been distributed as promised, or spent money but did not receive the collections. The platform even ran away with money.”

Yang Lin said that the 1,000 yuan he recharged on a certain platform disappeared out of thin air the next day, and he responded to the platform's customer service many times, but has not been dealt with so far.In addition, non-support for returns and refunds after purchase, personal information leakage, etc. are also problems faced by consumers.

The reporter saw on the black cat complaint platform that there were more than 1,000 complaints about digital collections, and the complaints were all on various trading platforms.

Xue Jun said that if some platforms have malicious hype, or use digital collection gimmicks to engage in illegal fundraising, pyramid schemes, etc., relevant departments need to crack down.

Recently, a number of digital collection platforms have been exposed to rumors of bankruptcy and running away.In May of this year, the official WeChat account of the digital collection platform "TT Shuzang" announced that the company's boss had misappropriated the platform's start-up funds for investment, resulting in a shrinking of positions, and the platform could not continue to operate, and declared bankruptcy.

It is understood that my country's regulatory authorities strictly prohibit virtual currency trading speculation, but at present there is a lack of clarity on digital collections, and relevant legal regulations and supervision are in a state of absence.

Legal and regulatory gaps to be filled

"Digital collections are commodities with a certain value, and the legitimate rights and interests of consumers should be protected accordingly, such as the right to know, the right to fair trade, and the right to choose independently," Zhao Hu, a lawyer from Beijing Zhongwen Law Firm, said in an interview with reporters.

Taking into account the lag of the law and the many problems the industry is facing, Zhao Hu believes that the administrative law enforcement department can first issue guiding opinions to regulate the qualifications of digital collection platforms and market transaction rules to guide the healthy development of the industry.

"The intellectual property issues of collections should also be further clarified." Zhao Hu further explained, "For example, which types of artworks must be authorized to generate digital collections, which ones do not require copyright permission, and how the digital copyright belongs."

In October last year, the National Copyright Exchange Center Alliance, China Academy of Art, Hangzhou Internet Notary Office of Zhejiang Province, and Ant Group jointly issued the "Digital Cultural and Creative Industry Self-discipline Convention" to resolutely resist malicious speculation of digital cultural and creative products.Recently, China Internet Finance Association, China Banking Association, and China Securities Association also issued an initiative, calling on member units to resolutely curb the tendency of NFT financialization and securitization, and strictly prevent illegal financial activities.

Xue Jun said that to regulate the development of the digital collection industry, it is necessary to strengthen the supervision of the digital collection platform and implement the relevant responsibilities of the platform.When the platform releases collections, it should ensure that prices, transaction conditions, service rules, etc. are open and transparent. Platforms that allow collections to be traded should also clarify corresponding fund security protection measures.

"On the other hand, users must be aware of risks themselves and avoid participating in transactions with a hype mentality. They should choose platforms that meet the qualifications and have transaction guarantees for consumption, and confirm and verify the authenticity of the products before the transaction." Xue Jun said, "If If the platform is found to be illegal, or the rights and interests are damaged during the transaction process, consumers can complain to the relevant departments. After the relevant departments find problems, they should investigate in a timely manner and investigate and deal with them in accordance with the law.”

【Editor: Cheng Chunyu】

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