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Virtual property – property in the time of ius downloadendi

Publication at Faculty of Mathematics and Physics, Faculty of Law |
2012

Abstract

This part deals with a new kind of property, property in virtual worlds, and its consequences in the real (physical) world. In comparison to existing works, it focuses more on law in force rather than philosophical thoughts about property.

Although theoretical concepts may be important for defining what property is and what could be an object of ownership, they cannot by themselves establish property rights of a particular subject. This is role of applicable law.

Here, particular attention is paid to Czech private law, but implications in the criminal law are not overlooked. An author does not deny that virtual objects can be property in legal sense, and thus fall within the scope of property law.

Users may own them, but they do not regularly own them. License agreements which govern the relationships between providers and users concerning virtual worlds grant users property rights to virtual things almost never.

Ideal allocation of rights between providers and users may resemble an feudal concept of seisin (or divided ownership). However, enactment of divided ownership within Czech law is exposed to such obstacles that it is better to search for another concept.

This part examines possibilities of a license agreement.