Openbar Kontich Online // The Legal reality of VR and AR - Kris Seyen
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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.
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Openbar Kontich Online // The Legal reality of VR and AR - Kris Seyen
- 1. THE LEGAL REALITY OF VR & AR Kris Seyen Partner deJuristen Openbar 11/6/20 deJuristen 1
- 3. Immersive technologies Virtual Reality Augmented Reality Mixed Reality Openbar 11/6/20 deJuristen 3
- 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
- 9. Purposes Openbar 11/6/20 deJuristen 9 GAMES TRAINING HELP DESIGN STRESS TREATMENT
- 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
- 14. Existing legislation Openbar 11/6/20 deJuristen 14 CRIMINAL LAW TORT LAW HUMAN RIGHTS
- 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
- 19. Legal Challenges Openbar 11/6/20 deJuristen 19 INTELLECTUAL PROPERTY DATA PROTECTION CYBERSECURITY
- 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.
- 24. Kris Seyen Partner deJuristen Heernislaan 19 9000 Gent kris@dejuristen.be +32 9 298 04 58 © 2020. deJuristen 24Openbar 11/6/20 deJuristen