It has been estimated that the virtual and augmented reality markets will generate revenue of over $162 billion in 2020. As virtual- and augmented- reality related technologies will become more mainstream, it is expected that more and more companies will start using them. With a bright future forecasted for both AR and VR, those engaging with the technologies should be aware of the legal challenges facing these new mediums. In this session we will explore the legal issues that may arise when you want to develop, market or use a AR and VR application. We will provide guidance to come to workable solutions in order to facilitate your succes rate when you embrace these new opportunities.
4. Virtual Reality
Openbar 11/6/20 deJuristen 4
■ the technique in which a user who is isolated from the outside world
has experiences in Virtual Worlds, these worlds are made up of
computer generated or actual film/photomaterial.
Using VR devices such as HTC Vive, Oculus Rift or Google Cardboard,
users can be transported in a number of realistic and imaginary
environments, such as in the middle of a swirling penguin colony or
even on the back of a dragon.
■ Ex. VR cinema.
5. Augmented Reality
Openbar 11/6/20 deJuristen 5
■ the technique in which the user sees the real world around him, the
technique enriches this world by adding digital elements (the AR
Overlay). Those digital elements can consist of graphics, video, sound,
etc. The digital elements are displayed using Markers, i.e. points that
are recognized by the AR device so that it knows where to display the
elements.
The most common way to deploy AR is to use the camera of a mobile
device and add content on the view seen through the mobile device's
screen.
■ Ex. Snap Chat Lenses, Pokémon GO.
6. Mixed Reality
Openbar 11/6/20 deJuristen 6
■ the technique of mapping the entire environment, including
everything in that environment. The technique projects digital
elements in this environment, which digital elements are able to
interact with their environment but also with each other.
Realistic 3D images appear in the real world. In this way you play a
game in which hostile robots invade your living room through the
walls. The displayed elements are of such a high quality that it is
almost impossible to distinguish them from real, the boundary
between reality and Virtual is blurring:
■ Mixed Reality. Ex. HoloLens.
7. Immersive Technologies
Overview
Openbar 11/6/20 deJuristen 7
VR AR MR
a full virtual environment ✓ ✘ ✘
additional information hovering in the air ✘ ✓ ✘
computer graphics and real world work together ✘ ✘ ✓
moves with your field of view ✓ ✓ ✘
real world interaction ✘ ✓ ✓
graphically most realistic ✓ ✘ ✓
8. History
■ VR: around since the ‘60, as a simulation technique to train astronauts
– Complex and expensive development
– Side effects (nauseous people
– Rebirth in 2012 with Oculus as a VR headset
■ AR: emerged only in 2008 with Google Glass
– Real breakthrough in 2016 with Pokémon Go
■ MR: only very recent with Microsoft HoloLens
Openbar 11/6/20 deJuristen 8
10. Dangers
Openbar 11/6/20 deJuristen 10
ABUSE OF
TECHNOLOGY TO
THREATEN OR
DEFRAUD
HACKING OR
CYBERSECURITY
BREACHED
PRIVATELY OWNED
NETWORKS WITH
UNFAIR TERMS
IMPACT ON REAL
WORLD INTERACTION
DISTRACTION VIRTUAL CRIMES
PSYCHOLOGICAL
CONSEQUENCES
BEHAVIOURAL
CHANGE
12. Alice in
Wonderland
Legal theory of Technology
Exceptionalism:
“Does a technological change
impacts social values to an extent
that a dramatic legal change is
required?”
Openbar 11/6/20 deJuristen 12
13. Transformative
technologies
that are legally
exceptional
Openbar 11/6/20 deJuristen 13
15th century invention of the
printing press:
☞ copyright law
Late 18th century invention of
the smallpox vaccine
☞ centralized health care
Late 19th century emergence of
railroads and the automobile:
☞ tort law
15. Criminal law
■ In principle, criminal law won’t apply
■ But, in some cases you can rely on normal law enforcement and
normal criminal law
– Extortion in VR by threatening you with an attach in the real world
– Theft of in-game currency
■ Is this theft contemplated by the rules of the game? What are the
Terms of Use of the game?
Openbar 11/6/20 deJuristen 15
16. Tort Law
■ In principle, tort law won’t apply
■ But, in some cases you can rely on normal law enforcement and
normal tort law
– Damage caused by trespassing? (fault of the user)
– Injury as a result from flaws in the system (liability of SW designer)
Openbar 11/6/20 deJuristen 16
17. Human
Rights
• It feels real, with possibly
psychological
consequences on a
person
• but there is no jurisdiction
of court/law because
there hasn’t been a real
act
Openbar 11/6/20 deJuristen 17
18. So what?
• Interactions don’t happen in a physical jurisdiction
• Law enforcement can not prosecute
Issues
• VR operators need to deal with these issues
• User Consent through Terms of Use will be key
Solutions
Openbar 11/6/20 deJuristen 18
20. Intellectual Property
■ IP protected material (photographs, music, brand names) can be
imported into the virtual experience
■ Ownership of IP must be addressed in the license agreement!
■ Trademark:
– Virtual goods are intangible – Real world goods are tangible
– What about a logo on a virtual t-shirt?
– What about (virtually) driving a Ferrari?
■ Copyright:
– Don’t go after individual users, but VR operators as contributory
infringers
Openbar 11/6/20 deJuristen 20
21. Data Protection
■ Motion capture, activities, responses: it’s all related to the user
■ The record of everything you do in VR exists not only on your
hardware, but most likely as well in the cloud
■ VR operators most likely will enforce use access to such data in the
Terms of Use
■ Some data might be considered very private by users
■ Other data might be biometric, and require express consent
■ Other legal requirements: data storage, purpose limitation, data
minimisation, lawfulness, fairness & transparency, accuracy, integrity
and confidentiality
Openbar 11/6/20 deJuristen 21
22. Cybersecurity
■ VR/AR are vulnerable to cyber attacks
■ Technological and security possibilities of VR operators must be vetted
■ What if a virtual rendering of a highly secured bank is stolen?
■ How are virtual or augmented reality depictions of a sensitive project
protected?
■ What data is collected, and how is that data made available to others?
Openbar 11/6/20 deJuristen 22
23. Conclusion
Openbar 11/6/20 deJuristen 23
The fact that VR occurs on private,
proprietary systems subject to terms of use
and that people are disinclined to treat it as
real means that the law is likely to be
reluctant to intervene in a number of cases.
The nature of VR will challenge the lines the
law draws:
between physical
presence and
remoteness
between conduct
and speech
between physical
and psychological
harm.