INTRODUCTION
The 21st century has seen a rapid rise in the use of the internet. The developing versions of the wide web made human life easier by facilitating access to free information, rapid interactive communication, exchange of data and global media coverage. The word “metaverse” is a combination of the prefix “meta,” which means “beyond,” and the word “universe,” which refers to everything that exists. In the context of the internet and virtual reality, metaverse is a collective virtual shared space, created by the convergence of the internet, augmented reality, and improved physical reality are all examples of physically persistent virtual environments. The term “metaverse” was first coined in Neal Stephenson’s 1992 science fiction novel “Snow Crash,” and has since been used to describe a wide range of virtual worlds and online environments, including virtual reality experiences, video games, and other immersive online platforms. It is the next evolution of the internet, where users can fully immerse themselves in a virtual world and interact with other users in real-time. The metaverse is a rapidly emerging technology that is poised to revolutionize the way we interact with the digital world. A virtual world that is created by the convergence of virtually enhanced physical reality and physically persistent virtual space, the metaverse allows users to fully immerse themselves in a virtual environment.
TYPES OF METAVERSE
There are several types of metaverse that are currently being developed and used, including:
- Virtual reality (VR) metaverse: A VR metaverse is a fully immersive virtual world that users can access using VR headsets or other VR devices. VR metaverses allow users to experience a virtual environment as if they were physically present in that environment.
- Augmented reality (AR) metaverse: An AR metaverse is a virtual space that is overlaid on top of the physical world. Users can access an AR metaverse using AR devices such as smartphones or AR glasses, and can interact with the virtual elements of the metaverse as if they were part of the real world.
- Social media metaverse: A social media metaverse is a virtual space that is accessed through social media platforms. These metaverses allow users to interact with each other and with virtual elements within the platform, and can include features such as virtual reality chat rooms, virtual worlds, and virtual events.
- Gaming metaverse: A gaming metaverse is a virtual space that is accessed through video games or other gaming platforms. These metaverses allow users to interact with each other and with virtual elements within the game, and can include features such as multiplayer gameplay, virtual worlds, and virtual currencies
LEGAL ISSUES
There are a number of legal issues that could potentially arise in relation to the metaverse. Some of the issues that may need to be considered include:
- Intellectual property: The metaverse would potentially be a platform for the creation and dissemination of a wide range of intellectual property, such as virtual goods, virtual real estate, and other virtual assets. It will be important to establish clear rules and guidelines for the protection and enforcement of intellectual property rights within the metaverse.
- Data protection: The metaverse could potentially generate a large amount of data about the actions and behaviors of users, and it will be important to establish clear rules and guidelines for the collection, use, and protection of this data.
- Cybercrime: The metaverse could potentially be a platform for various types of cybercrime, such as hacking, fraud, and identity theft. It will be important to establishmclear rules and guidelines for the investigation and prosecution of cybercrime within the metaverse.
- Privacy: The metaverse could potentially raise a number of privacy issues, such as the collection and use of personal data, and the ability of users to control their online identity and reputation. It will be important to establish clear rules an2d guidelines for the protection of privacy within the metaverse.
- Online contracts: The metaverse could potentially be a platform for the formation and execution of online contracts, and it will be important to establish clear rules and guidelines for the formation and enforcement of such contracts.
- Liability: It will be important to determine who will be held liable for any harms or damages that may arise within the metaverse, and to establish clear rules and guidelines for addressing such liabilities.
LEGAL CONTROVERCIES
Harassment and discrimination: The metaverse may be subject to harassment and discrimination, including sexual harassment and discrimination based on race, gender, age, and other protected characteristics. Sexual harassment is defined as any unwanted or unwelcome sexual advances or conduct on the job or in any other professional or social situation. This includes physical, verbal, or written conduct that is sexual in nature, or that is directed at someone because of their gender. Researcher Nina Jane Patel, a movement psychotherapist and a metaverse researcher at Kabuni, experienced a severe and unacceptable incident of sexual harassment in the form of virtual sexual assault and verbal abuse, while conducting research on a social and live events venue on the platform Horizon Worlds. Specifically, within 60 seconds of entering the virtual space, Patel’s avatar was subject to aggressive and unwanted physical and verbal sexual advances from multiple male avatars. Such actions of virtual sexual assault and harassment are not only deeply distressing, but they may also be illegal under the laws of certain jurisdictions. It is incumbent upon the operators and managers of virtual spaces like the Horizon Worlds to take necessary steps to prevent and address such incidents, and to ensure a safe and inclusive environment for all users. Those who experience or witness such incidents should also report them to the relevant authorities and seek legal guidance if appropriate.
REGULATIONS
There are currently no specific regulations in India that oversee the metaverse. The regulation of the metaverse is likely to involve a combination of existing laws and regulations, as well as new rules and guidelines specifically tailored to the unique characteristics of the virtual world. In the absence of specific regulations for the metaverse, there is an increased risk to its users in India. This could include risks related to data protection and privacy, intellectual property, cybercrime, and other legal issues. It is important for the government and regulatory bodies in India to address these risks and to establish clear rules and guidelines for the regulation of the metaverse in order to ensure that it is a fair and safe environment for all users.
REVOLUTIONIZING KEY INDUSTRIES
The metaverse has the potential to be evolved in a wide range of industries, subject to legal considerations. Some examples of industries where the metaverse could be evolved include:
- Education: The metaverse could be used to create virtual classrooms and training programs, making it easier for students to access educational materials and resources from anywhere.
- Healthcare: The metaverse could be used to facilitate virtual consultations and treatments, allowing healthcare professionals to provide care to patients remotely.
- Finance: The metaverse could be used to facilitate virtual financial transactions and meetings, allowing financial institutions to conduct business remotely.
- Retail: The metaverse could be used to create virtual stores and shopping experiences, allowing customers to shop from anywhere.
- Entertainment: The metaverse could be used to create virtual entertainment experiences, such as concerts, movies, and games.
- Real estate: The metaverse could be used to create virtual tours of properties, allowing potential buyers to view properties from anywhere.
- Tourism: The metaverse could be used to create virtual tours of tourist attractions, allowing people to experience these attractions from anywhere.
- Workplace: The metaverse could be used to facilitate virtual meetings and collaboration among remote workers.
CONCLUSION
In conclusion, the metaverse is a virtual shared space that is created by the convergence of virtually enhanced physical reality and physically persistent virtual space. It has the potential to offer a number of benefits, such as the ability to host virtual events and conferences, to create virtual storefronts and showrooms, and to facilitate virtual team collaboration and training. However, the metaverse also raises a number of legal issues, including those related to intellectual property, data protection, cybercrime, privacy, online contracts, and liability. It is important to consider these legal issues in order to ensure that the metaverse is a fair and safe environment for all users. This may involve establishing clear rules and guidelines for the protection and enforcement of intellectual property rights, for the collection and use of data, for the investigation and prosecution of cybercrime, and for the protection of privacy. It may also involve determining who will be held liable for any harms or damages that may arise within the metaverse, and establishing clear rules and guidelines for addressing such liabilities.
Overall, the metaverse has the potential to offer a number of benefits, but it is important to consider the legal issues that it raises in order to ensure that it is a fair and safe environment for all users.
Author: Abhishek Gupta, Senior Associate (assisted by Ajay Thakur)
Disclaimer: The content of this article is intended to provide a general guide to the subject matter and that the same shall not be treated as legal advice. For any queries, the author can be reached at info@samistilegal.in