(1) Player Sues for Refund After Recharging 119,000 Yuan; Court Dismisses Case: Recharge Preceded Advertising
Recently, the Beijing Internet Court released a case where a player sued a game company for a refund on grounds of “false advertising.”
The plaintiff claimed that scenes and gameplay features advertised in the game were not present in the actual game, constituting false advertising. They thus filed a lawsuit demanding a full refund of all top-up payments totaling 119,273 yuan.
During the second-instance proceedings, the plaintiff amended their claim to seek a symbolic refund of 1 yuan.
The defendant countered that game advertisements represent artistic expression and creative presentation, not specific promises about game content; the plaintiff had already engaged extensively with the game before the ads were released, meaning the top-up actions were not causally linked to the advertisements; the plaintiff had previously unsuccessfully applied for a refund citing “minor top-ups,” raising suspicions of abuse of the refund mechanism; and the account in question had publicly posted statements about quitting the game, followed by suspicious shared-account behavior involving abnormal IP and device logins.
The court determined that game advertising content does not equate to specific promises under an online service contract.
Moreover, in this case, the plaintiff's initial game login occurred significantly earlier than the release dates of most relevant advertisements. Through prolonged, high-frequency gameplay, the plaintiff should have developed clear understanding of game content, recharge offerings, and item functions, precluding any contract formation based on misunderstanding of advertising information.
The defendant had distributed gift packages to the plaintiff's designated account in accordance with the Service Agreement, and the plaintiff had essentially consumed these items. The defendant was not in breach of contract.
In summary, the court of first instance dismissed all of the plaintiff's claims, and the appellate court upheld the original judgment.
Nuocheng Commentary:
This case involved our legal team representing a game company in defending against a customer complaint dispute. Targeting a malicious refund player who had filed dozens of administrative complaints, our team collaborated with the game company to retrieve relevant player data. Through in-depth analysis of the player's gaming behavior patterns, we conducted a litigation visualization of all evidence, systematically organizing and integrating the case materials.
During the trial, our attorneys countered the plaintiff's “false advertising” claim by presenting relevant game content to substantiate the authenticity of advertising information. We also demonstrated the timeline of ad placements relative to the plaintiff's gameplay and top-up activities to refute any causal link between advertising content and their top-up behavior.
simultaneously, we presented core evidence including the plaintiff's publicly posted statements abandoning the game, multiple refund requests under various pretexts, and abnormal login IP/device information. This precisely demonstrated their true intent of “maliciously seeking refunds to abandon the game,” forming a compelling line of attack.
Ultimately, the court accepted our defense arguments and dismissed all of the plaintiff's claims.
(2) Release of “Hangzhou Measures for Promoting the Overseas Expansion of Online Literature, Web Series, and Online Games”
Recently, the “Hangzhou Measures for Promoting the Overseas Expansion of Online Literature, Web Series, and Online Games” (hereinafter referred to as the ‘Measures’) were released. Focusing on the high-level development and high-quality overseas expansion of the “new trio” of cultural industries (online literature, web series, and online games), the Measures aim to cultivate new momentum and shape new advantages for Hangzhou's construction as a world-class historical and cultural city.
The Measures introduce 25 specific initiatives across nine key areas: support for original premium content creation, overseas distribution of works, cultural trade infrastructure, industrial platform development, market entity cultivation, technological innovation R&D, talent recruitment and retention, cultural finance provision, and service optimization.
Core subsidy provisions include:
Original Premium Content Creation: Priority support for projects showcasing Chinese culture and Hangzhou's unique charm, with funding up to 3 million yuan. Projects receiving national-level support may receive up to 2 million yuan in matching funds; works honored with prestigious domestic or international awards such as the “Five Ones Project” or TGA may receive up to 5 million yuan in rewards.
Overseas Distribution: High-grossing original games may receive up to 3 million yuan annually based on revenue share; overseas testing and customer acquisition costs may be supported with up to 300,000 yuan.
Cultural Trade Support: Encourage independent brand promotion through renowned media and platforms, with up to 1 million yuan in support covering 25% of promotional expenses.
Technology Innovation R&D: Focusing on cutting-edge technologies like game engines and AI translation, support of up to 3 million yuan is provided based on R&D investment; projects undertaking national or provincial key scientific research tasks may receive subsidies of up to 5 million yuan.
Talent Attraction, Cultivation, and Retention: Implementing categorized recognition of high-level talent and the “Spring Rain Plan,” comprehensive policy safeguards are provided for industry professionals.
(3) Gaming Overseas Expansion: New York State Strengthens Child Protection Regulations
Recently, New York State's proposed stricter child protection regulations for online gaming platforms have drawn significant attention from the global gaming industry.
According to disclosures from the New York Governor's Office, the new policy will primarily target online gaming platforms with minors as their main user base, including representative UGC platforms like Roblox.
This regulatory initiative aims to address shortcomings in the current federal Children's Online Privacy Protection Act (COPPA) regarding practical enforcement and new technological scenarios.
Key proposed measures include:
1. Strengthening age verification mechanisms beyond user self-reporting;
2. Implementing stricter default privacy settings for minor accounts to limit data collection and external exposure;
3. Imposing additional safeguards on in-game AI chat and interactive features to prevent inappropriate content or potential risks;
Fourth, significantly enhance parental control over minors' gaming activities, particularly through preemptive or real-time management of in-game transactions and virtual item purchases.
Notably, this policy may be enacted as state legislation or mandatory regulatory rules. If passed, it would establish landmark state-level legislation for protecting minors on gaming platforms in the U.S., potentially setting a precedent for other states to follow.
Nuocheng Commentary:
This development signals a shift where child protection mechanisms will gradually transition from “compliance bonuses” to “market entry requirements.” U.S. market regulation concerning “minor protection + platform responsibility” is evolving from principled demands toward technical and product-level constraints.
Moving forward, gaming companies targeting the U.S. market must integrate child protection mechanisms—including age-based tiering, parental controls, AI content governance, and spending limits—into their product design phases.
(IV) Player Lawsuit Over Failed Red Packet Rewards and Refund Claim Dismissed
Chang claimed that after watching a live stream by a certain game company's streamer promoting the game with slogans like “consume first, cash out later” and “become a dominant player to claim red packet dividends,” he downloaded the mobile game “Tianqi Shengyuan” and spent 3,918.51 yuan on in-game purchases.
Chang argued that the game's exorbitant red packet withdrawal thresholds and experience point requirements rendered his goal of earning money through gameplay unattainable, demanding triple compensation for his recharge amount.
The game company countered that Chang had already received corresponding services for his recharge expenditures and possessed multiple withdrawal records. The platform clearly disclosed withdrawal rules via its interface and agreements, rendering Chang's claim of “unrevealed thresholds” unfounded. Experience point requirements constituted reasonable operational rules without manifest unfairness, while allegations of “streamer fraud” lacked evidentiary support.
The appellate court ruled that Chang's in-game top-ups were voluntary, and the company had delivered corresponding virtual items.
Second, while affiliated streamers promoted the game's withdrawal capability, evidence confirmed Chang's multiple withdrawal transactions within the game.
Withdrawal served as an ancillary feature, not a primary player entitlement under the contract. The game clearly displayed withdrawal requirements, and Chang's evidence failed to prove false advertising or unreasonable barriers regarding this function.
The evidence provided by Chang is insufficient to prove that the game company breached the contract or committed fraud in this case, and cannot support his claim for a refund plus triple compensation.
The first-instance judgment dismissed all claims by plaintiff Chang, and the second-instance court upheld the original ruling.
Nuocheng Commentary:
Game companies setting up “red packet cash-out activities” should note the following:
1. Pre-emptive disclosure of withdrawal rules: Clearly state withdrawal thresholds—including level requirements and time limits—on the game download page, during registration, and in the User Agreement.
Any rule changes should be announced in advance and communicated across external channels to avoid disputes or litigation over “false advertising.” Such transparent disclosure also serves as a “protective shield” against customer complaints, safeguarding the company's legitimate rights.
2. Prudent Use of Promotional Language: Avoid absolute claims (e.g., “no thresholds,” “100% cash-out,” “play to cash out”). For activities involving “recharge rebates,” ensure promotional messaging aligns with actual gameplay rules.
3. Ensure promotional content is implemented: Withdrawal functionality must match advertised claims. If promoting “red packet withdrawals,” a genuine withdrawal channel must be available within the game. Avoid substituting with in-game items or recharge vouchers that could confuse the concept.
从具体措施看，纽约州拟要求游戏平台在多个关键环节加强合规义务：