University of Hertfordshire

From the same journal

Virtual Worlds – a Legal Post-Mortem Account

Research output: Contribution to journalArticlepeer-review

Standard

Virtual Worlds – a Legal Post-Mortem Account. / Harbinja, Edina.

In: SCRIPT-ed, Vol. 11, No. 3, 31.12.2014, p. 273-307.

Research output: Contribution to journalArticlepeer-review

Harvard

APA

Vancouver

Author

Harbinja, Edina. / Virtual Worlds – a Legal Post-Mortem Account. In: SCRIPT-ed. 2014 ; Vol. 11, No. 3. pp. 273-307.

Bibtex

@article{689b39e7bf09440da7c21ce724eb3798,
title = "Virtual Worlds – a Legal Post-Mortem Account",
abstract = "This paper addresses the lack of legal literature in the area of death and virtual worlds. It sheds light on the legal status of different in-game assets, assessing whether these could fit within the notions of property or other relevant legal concepts such as intellectual property, usufruct, or easements. Having determined this, the paper goes on to explore the possibilities regarding the transmission of these assets on death.The author does not share views of a great portion of the legal literature arguing for recognition of ”virtual property” as a concept. Rather, this paper proposes an alternative solution in order to reconcile different interests arising in VWs; primarily, those of developers and players. Recognising a phenomenon of consitutionalisation of VWs, this article suggests a solution in the form of servitudes (usufruct). Virtual usufruct is herein conceived as player‟s entitlement to use the VW account and profit from it, if applicable. It is suggested that the entitlement to use the account expires on death, but that it allows a player‟s personal representative/executor to gain access to the account and extract any possible monetary value. This solution would enable players to take more control over their virtual assets and heirs to potentially benefit from valuable VW accounts.",
keywords = "virtual worlds, succession , transmission, digital assets ",
author = "Edina Harbinja",
note = "{\textcopyright} Edina Harbinja 2014. This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License",
year = "2014",
month = dec,
day = "31",
doi = "10.2966/scrip.110314.273",
language = "English",
volume = "11",
pages = "273--307",
journal = "SCRIPT-ed",
issn = "1744-2567",
number = "3",

}

RIS

TY - JOUR

T1 - Virtual Worlds – a Legal Post-Mortem Account

AU - Harbinja, Edina

N1 - © Edina Harbinja 2014. This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License

PY - 2014/12/31

Y1 - 2014/12/31

N2 - This paper addresses the lack of legal literature in the area of death and virtual worlds. It sheds light on the legal status of different in-game assets, assessing whether these could fit within the notions of property or other relevant legal concepts such as intellectual property, usufruct, or easements. Having determined this, the paper goes on to explore the possibilities regarding the transmission of these assets on death.The author does not share views of a great portion of the legal literature arguing for recognition of ”virtual property” as a concept. Rather, this paper proposes an alternative solution in order to reconcile different interests arising in VWs; primarily, those of developers and players. Recognising a phenomenon of consitutionalisation of VWs, this article suggests a solution in the form of servitudes (usufruct). Virtual usufruct is herein conceived as player‟s entitlement to use the VW account and profit from it, if applicable. It is suggested that the entitlement to use the account expires on death, but that it allows a player‟s personal representative/executor to gain access to the account and extract any possible monetary value. This solution would enable players to take more control over their virtual assets and heirs to potentially benefit from valuable VW accounts.

AB - This paper addresses the lack of legal literature in the area of death and virtual worlds. It sheds light on the legal status of different in-game assets, assessing whether these could fit within the notions of property or other relevant legal concepts such as intellectual property, usufruct, or easements. Having determined this, the paper goes on to explore the possibilities regarding the transmission of these assets on death.The author does not share views of a great portion of the legal literature arguing for recognition of ”virtual property” as a concept. Rather, this paper proposes an alternative solution in order to reconcile different interests arising in VWs; primarily, those of developers and players. Recognising a phenomenon of consitutionalisation of VWs, this article suggests a solution in the form of servitudes (usufruct). Virtual usufruct is herein conceived as player‟s entitlement to use the VW account and profit from it, if applicable. It is suggested that the entitlement to use the account expires on death, but that it allows a player‟s personal representative/executor to gain access to the account and extract any possible monetary value. This solution would enable players to take more control over their virtual assets and heirs to potentially benefit from valuable VW accounts.

KW - virtual worlds

KW - succession

KW - transmission

KW - digital assets

U2 - 10.2966/scrip.110314.273

DO - 10.2966/scrip.110314.273

M3 - Article

VL - 11

SP - 273

EP - 307

JO - SCRIPT-ed

JF - SCRIPT-ed

SN - 1744-2567

IS - 3

ER -