Virtual Property: The Role of Terms of Service in the Regulation of Online Games

Abstract

The concept of virtual property has emerged in the context of attempts to identify approaches to the legal regulation of relationships associated with the so-called Massively Multiplayer Online Games (MMOG), the rapid development of which no longer allowed to leave this issue aside. The popularity of social media accounts along with gaps in legislative regulation of those create a huge amount of practical issues referred to the use of digital assets. The analysis of the recent judicial practice and modern legal literature reveals a tendency for an account to be considered as a digital asset, it is considered to be objects of property right, and the theory on virtual property rights in this context becomes more and more discussable today. The theoretical analysis reveals the possibility of coexistence between virtual property of users and rights of operators of virtual worlds or other web platforms. In order to ensure the possibility to exercise users' rights regarding digital assets, Terms of Service should stipulate the obligation of online service providers to assist users in the exercising of their rights.