Inheritability of Gaming Accounts of Massive Multiplayer Online
Games (Central-European Perspective)

C 2024

Inheritability of Gaming Accounts of Massive Multiplayer Online Games (Central-European Perspective)

KOUKAL, Pavel

Základní údaje

Originální název

Inheritability of Gaming Accounts of Massive Multiplayer Online Games (Central-European Perspective)

Autoři

KOUKAL, Pavel (203 Česká republika, garant, domácí)

Vydání

Lisboa, Estate, Succession and Autonomy: New Assets and New Trends, od s. 51-73, 24 s. Colóquios, 2024

Nakladatel

UCP Press

Další údaje

Jazyk

angličtina

Typ výsledku

Kapitola resp. kapitoly v odborné knize

Obor

50501 Law

Stát vydavatele

Portugalsko

Utajení

není předmětem státního či obchodního tajemství

Forma vydání

tištěná verze "print"

Organizační jednotka

Právnická fakulta

ISBN

978-972-54-0992-3

Klíčová slova anglicky

virtual economy; online gaming accounts; inheritability; legal framework; Central Europe; civil codes; consumer protection

Příznaky

Mezinárodní význam, Recenzováno

Změněno: 22. 3. 2024 13:55, doc. JUDr. Pavel Koukal, Ph.D.

Anotace

V originále

The digital economy's proliferation has transformed various industries, including the gaming sector. The rise of online platforms for communication, commerce, and entertainment has triggered the popularity of massive multiplayer online games (MMOG). Creating these immersive virtual worlds often stimulates a self-contained virtual economy resembling real-world systems, significantly influencing younger players' perceptions. These games can be categorized into pay-to-play and free-to-play types, including massively multiplayer online role-playing games, item-pay games, and web-based games. They offer spaces for social interaction and virtual economies, often dictated by player activities. A pivotal element of MMOGs is avatar customization, allowing players to construct personalized characters and engage in various activities, emulating real-world tasks and occupations. Players can engage in virtual economies, buying virtual goods and currency with real money. The virtual economy has thus become a substantial market, with items and in-game currencies exchanged for real-world money. This paper delves into the legal and practical aspects of the inheritability of online gaming accounts and their associated virtual assets in selected Central European jurisdictions. The issue of the inheritability of online gaming accounts is relatively new and presents several legal and practical challenges. The paper explores legal cases in the United States and Germany that have addressed the inheritability of digital assets, including those related to online gaming accounts. In the United States, the Ajemian v. Yahoo! case established that digital assets, such as email accounts, can be inherited, while in Germany, the Federal Supreme Court recognized the inheritability of Facebook accounts. Examining the civil codes of selected Central European countries, the paper analyzes the treatment of inheritance law in both jurisdictions. Both legal frameworks consider assets that are not of a highly personal nature to be inheritable. Tangible assets can be passed on to heirs, while highly personal assets, like reputation, are excluded from inheritance. This paper explores how these principles apply to online gaming accounts and the associated virtual assets. Furthermore, the paper examines the terms and conditions set by major gaming providers, which often prohibit the transferability or inheritance of accounts. It raises questions about the compatibility of these restrictions with consumer protection laws and emphasizes the need for transparency and fairness in consumer rights within the gaming industry. By analyzing the legal frameworks and contractual agreements, the paper aims to provide insights into the inheritability of online gaming accounts and virtual assets. The author highlights the legal challenges, potential inconsistencies with consumer protection principles, and the importance of establishing a balanced approach that upholds consumer rights while considering the nature of virtual assets and the standardized practices of gaming providers.

Návaznosti

MUNI/A/1172/2022, interní kód MU

Název: Fostering Internationally Oriented Scientific Results of PhD Students in Intellectual Property Law

Investor: Masarykova univerzita, Fostering Internationally Oriented Scientific Results of PhD Students in Intellectual Property Law

Citovat

KOUKAL, Pavel. Inheritability of Gaming Accounts of Massive Multiplayer Online Games (Central-European Perspective). In Rita Lobo Xavier, Nuno Sousa e Silva, Marta Rosas. Estate, Succession and Autonomy: New Assets and New Trends. Lisboa: UCP Press, 2024, s. 51-73, 24 s. Colóquios. ISBN 978-972-54-0992-3.

@inbook{2386802,
   author = {Koukal, Pavel},
   address = {Lisboa},
   booktitle = {Estate, Succession and Autonomy: New Assets and New Trends},
   editor = {Rita Lobo Xavier, Nuno Sousa e Silva, Marta Rosas},
   keywords = {virtual economy; online gaming accounts; inheritability; legal framework; Central Europe; civil codes; consumer protection},
   howpublished = {tištěná verze "print"},
   language = {eng},
   location = {Lisboa},
   isbn = {978-972-54-0992-3},
   pages = {51-73},
   publisher = {UCP Press},
   title = {Inheritability of Gaming Accounts of Massive Multiplayer Online Games (Central-European Perspective)},
   year = {2024}
}

TY  - CHAP
ID  - 2386802
AU  - Koukal, Pavel
PY  - 2024
TI  - Inheritability of Gaming Accounts of Massive Multiplayer Online Games (Central-European Perspective)
VL  - Colóquios
PB  - UCP Press
CY  - Lisboa
SN  - 9789725409923
KW  - virtual economy
KW  - online gaming accounts
KW  - inheritability
KW  - legal framework
KW  - Central Europe
KW  - civil codes
KW  - consumer protection
N2  - The digital economy's proliferation has transformed various industries, including the gaming sector. The rise of online platforms for communication, commerce, and entertainment has triggered the popularity of massive multiplayer online games (MMOG). Creating these immersive virtual worlds often stimulates a self-contained virtual economy resembling real-world systems, significantly influencing younger players' perceptions. These games can be categorized into pay-to-play and free-to-play types, including massively multiplayer online role-playing games, item-pay games, and web-based games. They offer spaces for social interaction and virtual economies, often dictated by player activities. A pivotal element of MMOGs is avatar customization, allowing players to construct personalized characters and engage in various activities, emulating real-world tasks and occupations. Players can engage in virtual economies, buying virtual goods and currency with real money. The virtual economy has thus become a substantial market, with items and in-game currencies exchanged for real-world money. This paper delves into the legal and practical aspects of the inheritability of online gaming accounts and their associated virtual assets in selected Central European jurisdictions. The issue of the inheritability of online gaming accounts is relatively new and presents several legal and practical challenges. The paper explores legal cases in the United States and Germany that have addressed the inheritability of digital assets, including those related to online gaming accounts. In the United States, the Ajemian v. Yahoo! case established that digital assets, such as email accounts, can be inherited, while in Germany, the Federal Supreme Court recognized the inheritability of Facebook accounts. Examining the civil codes of selected Central European countries, the paper analyzes the treatment of inheritance law in both jurisdictions. Both legal frameworks consider assets that are not of a highly personal nature to be inheritable. Tangible assets can be passed on to heirs, while highly personal assets, like reputation, are excluded from inheritance. This paper explores how these principles apply to online gaming accounts and the associated virtual assets. Furthermore, the paper examines the terms and conditions set by major gaming providers, which often prohibit the transferability or inheritance of accounts. It raises questions about the compatibility of these restrictions with consumer protection laws and emphasizes the need for transparency and fairness in consumer rights within the gaming industry. By analyzing the legal frameworks and contractual agreements, the paper aims to provide insights into the inheritability of online gaming accounts and virtual assets. The author highlights the legal challenges, potential inconsistencies with consumer protection principles, and the importance of establishing a balanced approach that upholds consumer rights while considering the nature of virtual assets and the standardized practices of gaming providers.
ER  -

KOUKAL, Pavel. Inheritability of Gaming Accounts of Massive Multiplayer Online Games (Central-European Perspective). In Rita Lobo Xavier, Nuno Sousa e Silva, Marta Rosas. \textit{Estate, Succession and Autonomy: New Assets and New Trends}. Lisboa: UCP Press, 2024, s.~51-73, 24 s. Colóquios. ISBN~978-972-54-0992-3.

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