<i>‘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.’</i>

- Pascal Pichonnaz, European Law Institute and University of Fribourg, Switzerland,

<i>‘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.’</i>

- Mark Findlay, University of Edinburgh, UK,

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.

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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
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Produktdetaljer

ISBN
9781035324859
Publisert
2024-08-23
Utgiver
Edward Elgar Publishing Ltd; Edward Elgar Publishing Ltd
Høyde
244 mm
Bredde
169 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
438

Om bidragsyterne

Edited by Larry A. DiMatteo, Huber Hurst Professor of Contract Law and Legal Studies, Warrington College of Business & Levin College of Law, University of Florida, US and Michel Cannarsa, Professor of Private Law and Dean, Lyon Catholic University, France