Popular in the world of 2016, Pokemon GO is an augmented reality application that lets you capture, train and fight other Pokémon that only people can see.
The game was a big hit in most of 2017, but less well known is the fact that AR games have led to numerous thefts, robberies, assaults, felony driving and accidents.
As the name “virtual reality” suggests, simulation of reality in the virtual world involves many complex legal issues. These issues continue to increase as technology integrates into people’s daily lives.
Pokemon GO was the first successful exposure to augmented reality technology that blends digital and real-world content.
But this is certainly not the end of this genre. AR and VR continue to expand at a tremendous pace, and the amount of virtual exposure will soon not exceed current exposure.
Using AR / VR on a daily basis greatly facilitates our lives, but they also present a range of unresolved legal issues. According to recent reports, AR / VR technology users are using AR / VR technology to commit murder, cheat others and even injure themselves.
Global AR / VR legal scene
A dispute remains calls for Facebook to pay $ 500 million in damages against “source code theft” between Facebook and game maker ZeniMax is a lot of potential violations owned by VR / AR It’s just one example.
Securing the trade secret is only part of the problem, but what you need to consider is its impact on consumers. Last year, two perpetrators were convicted of participating in illegal betting on a FIFA VR game called FUT Galaxy.
In 2013, an English VR gamer was arrested for hacking into another gamer’s profile for stealing a virtual property that was clearly of high value in a virtual game called “RuneScape”.
These cases are most interesting because there is no governing law in virtual reality action, and therefore does not require consumers for any compensation. What are the legal issues that actually arise from the use of AR / VR? Some of them are listed below-
Intellectual property rights
The use of intellectual property in the virtual world can be a major cause for concern for intellectual property owners. For example, a famous VR game called “Second Life” allows players to visit many public places and use products that could infringe on the brands and copyrights of various brands in the real world.
In fact, VR systems allow users to virtually import photos, music, brand names, and other IP protection materials into a virtual experience without obtaining the necessary permission from intellectual property owners.
In addition, VR users enter several countries with very different IP laws, which reinforce claims against these VR users, but there are some judicial issues.
VR creators can create an entire virtual world with images, virtual assets, and other content across the VR system, so the potential infringement of intellectual property rights is important.
Due to the deep personal nature of the VR experience and the creation of identities in the alternative world, IP legislation may require the future of individual VR platforms or IP rights users.
For example, while incorporating photos, music, brand names or logos, traditional intellectual property law requires the owner to obtain permission for applicable rights. However, in some jurisdictions around the world (the United States, India, and several other countries), the use of “trade” trademark is an essential component of trademark infringement.
Therefore, users who use the logo in VR may be released from liability by claiming a “prohibited commercial transaction” exception under trademark law.
A similar issue arises for the “equitable use” exception under the copyright laws of multiple jurisdictions. This exception may result in a breach of the original work by derivative work on the VR platform.
The psychological impact of immersion in a virtual reality experience can lead to ethical issues and crime issues in the assessment of virtual crime.
Research shows that VR causes certain types of emotions and causes pain because the VR experience seems realistic to the user, even if it occurs in a virtual environment.
These crimes include simple obscene displays such as virtual hunting, cyber attacks, theft of virtual property, illegal betting on virtual money, identity theft, strobe lighting, nude, orgy.
You don’t have to worry about murder or rape in virtual space, but it doesn’t actually affect that behavior.