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Research Handbook of Metaverse and Law
This Research Handbook analyses the role of law in a universe fractured by new disruptive technologies such as metaverse platforms. Contributing authors explore how the law will adapt as new dimensions of the metaverse are introduced to issues such as intellectual property rights, e-commerce, NFTs and cryptocurrencies, data privacy, contract law, as well as human rights, consumer law and criminal law. The abuse and manipulation of users is studied in several contributions.
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Critical Acclaim
Contents
More Information
This Research Handbook analyses the role of law in a universe fractured by new and disruptive technologies such as metaverse platforms. Contributing authors explore how the law will and must adapt as new dimensions are introduced to issues such as intellectual property rights, e-commerce, NFTs and cryptocurrencies, data privacy, contract law, but also human rights, consumer law and criminal law. The issue of abuse and manipulation of users is the focus of several contributions.
In this innovative Research Handbook, global experts discuss the philosophical and legal questions raised by the use of immersive platforms for leisure and gaming, as well as professional, commercial and medical activities. The authors employ legal frameworks to understand the metaverse from the perspectives of personality, property, obligation, harm and liability, examining how current law succeeds and falters in regulating the challenges presented by virtual worlds. They consider the dangers to ordinary citizens and vulnerable consumers and provide insights on how legislation should be developed prior to the creation of a fully functioning metaverse in order to prevent the erosion of fundamental human rights.
This book is a crucial resource for scholars and students of Web 3.0 and AI law. Its comprehensive coverage of the intersection between law and the metaverse is indispensable for professionals in the field.
In this innovative Research Handbook, global experts discuss the philosophical and legal questions raised by the use of immersive platforms for leisure and gaming, as well as professional, commercial and medical activities. The authors employ legal frameworks to understand the metaverse from the perspectives of personality, property, obligation, harm and liability, examining how current law succeeds and falters in regulating the challenges presented by virtual worlds. They consider the dangers to ordinary citizens and vulnerable consumers and provide insights on how legislation should be developed prior to the creation of a fully functioning metaverse in order to prevent the erosion of fundamental human rights.
This book is a crucial resource for scholars and students of Web 3.0 and AI law. Its comprehensive coverage of the intersection between law and the metaverse is indispensable for professionals in the field.
Critical Acclaim
‘To write a real book about virtual worlds is audacious. To write on virtual worlds, such as the metaverse, before it really exists fully, might seem forgetful of reality. To be ready for the deployment of the metaverse (presented as a network of contracts), actors of many fields need to prepare and adapt to these new challenges. The authors give to the community the full picture of the legal challenges and potential solutions, meeting the expectations of everyone interested. This Research Handbook is not about the future or the virtual, it is about preparing today, in reality, what might well happen in virtual worlds in a couple of years from now. This Research Handbook is the perfect tool to answer many of these challenges, in a thoughtful and effective way.’
– Pascal Pichonnaz, European Law Institute and University of Fribourg, Switzerland
‘Currently, living and working in any digital universe means keeping one foot in realspace. As long as this is so, law can claim regulatory influence in the metaverse via its material and human entry points. However, as this intriguing collection ably demonstrates, law’s public and private silos face unique challenges when dealing with new market arrangements and unique social bonds that populate the virtual. Law must transform to meet these emerging frontiers, not through regressive ascription to established forms that are already under strain in digital commerce and globalized society. The approaches taken by the contributors to incorporate deep theorizing with rich comparative speculation provide the essential food for thought for those who are concerned about law’s regulatory relevance. The chapters covered in this book recognize that collapsing of time and space forever disrupts notions like sovereignty, jurisdiction, and dominion, as the economic and communal rationales even for land-locked law.’
– Mark Findlay, University of Edinburgh, UK
– Pascal Pichonnaz, European Law Institute and University of Fribourg, Switzerland
‘Currently, living and working in any digital universe means keeping one foot in realspace. As long as this is so, law can claim regulatory influence in the metaverse via its material and human entry points. However, as this intriguing collection ably demonstrates, law’s public and private silos face unique challenges when dealing with new market arrangements and unique social bonds that populate the virtual. Law must transform to meet these emerging frontiers, not through regressive ascription to established forms that are already under strain in digital commerce and globalized society. The approaches taken by the contributors to incorporate deep theorizing with rich comparative speculation provide the essential food for thought for those who are concerned about law’s regulatory relevance. The chapters covered in this book recognize that collapsing of time and space forever disrupts notions like sovereignty, jurisdiction, and dominion, as the economic and communal rationales even for land-locked law.’
– Mark Findlay, University of Edinburgh, UK
Contents
Contents
Preface xv
1 Into the metaverse 1
Larry A. DiMatteo and Michel Cannarsa
PART I BEYOND THE UNIVERSE
2 Technology and philosophy of the metaverse: prospective views 9
Sylvie Allouche and Mathieu Guillermin
3 Metaverse as a network of contracts 26
T.F.E. Tjong Tjin Tai and Danielle Op Heij
4 Role of NFTs, cryptocurrencies and blockchain technologies 48
Tristan Girard-Gaymard
PART II METAVERSE AND CITIZENS
5 The legal personality of avatars: does ‘A2A’ have any place in the legal
system of the future? 60
Mark Fenwick and Stefan Wrbka
6 Fundamental rights and the metaverse: avatar–player relationships 78
Letizia Coppo
7 Consumer protection in the metaverse 97
Francisco de Elizalde
8 Metaverse and data protection 117
Lokke Moerel
PART III METAVERSE, BUSINESS AND LAW: A NEW MARKET OF
GOODS AND SERVICES
9 Metaverse and competition law 158
Andrea Piletta Massaro
10 Trade marks and image rights in the metaverse 176
Enrico Bonadio and Rishabh Anjay Mohnot
11 Copyright and metaverse 189
Péter Mezei and Gunjan Chawla Arora
12 Patent law and metaverse 206
Iony Randrianirina
13 Fashion in the metaverse 216
Barbara Pozzo
14 Legal services and the metaverse 228
Pınar Çağlayan Aksoy
15 E-commerce in virtual worlds: Digital Services Act 244
Cristina Poncibò and Luigi Cantisani
PART IV METAVERSE AND PRIVATE LAW
16 Property in the metaverse 260
Flora Vern
17 Contract law in the metaverse 278
André Janssen
18 Tort law in the metaverse 291
Marta Infantino and Mauro Bussani
PART V GOVERNANCE AND REGULATION
19 Adaptability of the Unfair Commercial Practices Directive to the metaverse 310
Mateja Durovic
20 Banking laws and the metaverse 334
Suneel Anand Sundharesan and Anoop Ashok
21 The metaverse and criminal law 349
Caroline Peloso
22 Dispute resolution and the metaverse 360
Pietro Ortolani
23 Applicable law in the metaverse: A European international private law
perspective 374
Cécile Pellegrini
24 Beyond the universe 397
Larry A. DiMatteo and Michel Cannarsa
Preface xv
1 Into the metaverse 1
Larry A. DiMatteo and Michel Cannarsa
PART I BEYOND THE UNIVERSE
2 Technology and philosophy of the metaverse: prospective views 9
Sylvie Allouche and Mathieu Guillermin
3 Metaverse as a network of contracts 26
T.F.E. Tjong Tjin Tai and Danielle Op Heij
4 Role of NFTs, cryptocurrencies and blockchain technologies 48
Tristan Girard-Gaymard
PART II METAVERSE AND CITIZENS
5 The legal personality of avatars: does ‘A2A’ have any place in the legal
system of the future? 60
Mark Fenwick and Stefan Wrbka
6 Fundamental rights and the metaverse: avatar–player relationships 78
Letizia Coppo
7 Consumer protection in the metaverse 97
Francisco de Elizalde
8 Metaverse and data protection 117
Lokke Moerel
PART III METAVERSE, BUSINESS AND LAW: A NEW MARKET OF
GOODS AND SERVICES
9 Metaverse and competition law 158
Andrea Piletta Massaro
10 Trade marks and image rights in the metaverse 176
Enrico Bonadio and Rishabh Anjay Mohnot
11 Copyright and metaverse 189
Péter Mezei and Gunjan Chawla Arora
12 Patent law and metaverse 206
Iony Randrianirina
13 Fashion in the metaverse 216
Barbara Pozzo
14 Legal services and the metaverse 228
Pınar Çağlayan Aksoy
15 E-commerce in virtual worlds: Digital Services Act 244
Cristina Poncibò and Luigi Cantisani
PART IV METAVERSE AND PRIVATE LAW
16 Property in the metaverse 260
Flora Vern
17 Contract law in the metaverse 278
André Janssen
18 Tort law in the metaverse 291
Marta Infantino and Mauro Bussani
PART V GOVERNANCE AND REGULATION
19 Adaptability of the Unfair Commercial Practices Directive to the metaverse 310
Mateja Durovic
20 Banking laws and the metaverse 334
Suneel Anand Sundharesan and Anoop Ashok
21 The metaverse and criminal law 349
Caroline Peloso
22 Dispute resolution and the metaverse 360
Pietro Ortolani
23 Applicable law in the metaverse: A European international private law
perspective 374
Cécile Pellegrini
24 Beyond the universe 397
Larry A. DiMatteo and Michel Cannarsa
