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ISME April 2018

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SME-Law<br />

the personal information that<br />

users provide. This data can<br />

be easily used. For example,<br />

one can share details related<br />

to age, race, etc. that form a<br />

person’s digital footprint. This<br />

can be used in real life for any<br />

purpose.<br />

The fact that privacy is a<br />

vulnerable thing in the virtual<br />

world is no more a secret.<br />

Researchers have pointed<br />

out that governments and<br />

organisations can get a lot of<br />

unprecedented power over<br />

people by tracking human<br />

emotions, behaviour and<br />

expressions. There has also<br />

been a growth of jurisdictions<br />

that emphasise that ensure<br />

that in a company proper<br />

accountability is maintained.<br />

The US senator for example<br />

asked for data accountability<br />

that is obtained through<br />

the use of the VR headset<br />

Oculus. But the problem with<br />

these claims to VR privacy<br />

violations seem to be quite<br />

far-fetched. This is because,<br />

users usually agree to the<br />

terms and conditions before<br />

using these devices. This<br />

naturally give companies the<br />

right to share whatever data<br />

they have at hand.<br />

The Way Out<br />

Legislation in the VR world is<br />

something that is necessary.<br />

But it is not easy to legislate<br />

the VR world given that it is<br />

a huge domain that exists<br />

globally and is subject to<br />

different laws per region.<br />

Moreover, a rigid legislation<br />

law might also come in the<br />

way of proper technological<br />

evolution. Self-regulation<br />

by VR companies seems to<br />

be the only solution at the<br />

moment. There are also some<br />

measures that companies<br />

can take regarding VR<br />

regulation.<br />

1. Define Liabilities:<br />

IP holders must very clearly<br />

define liability in their contract.<br />

They must specifically state<br />

the ownership and liability<br />

that might arise in case of<br />

a breach or an unfair use of<br />

property rights.<br />

2. Self-Regulation:<br />

As stated above, selfregulation<br />

is something that<br />

companies can resort to.<br />

VR solution providers can<br />

also take part in creating<br />

industry friendly policies and<br />

take steps in formulating<br />

strategies that are both<br />

legally and ethically sound<br />

to deal with any kind of<br />

infringement.<br />

3. Misuse of ‘Fair Use<br />

Standard’ :<br />

People in VR business must<br />

try to raise the misuse of<br />

the ‘fair use standard’ issue.<br />

The ‘Fair use standard’ has<br />

always been misused and<br />

the future does not seem to<br />

be any different.<br />

Creating awareness about<br />

the loopholes in the VR world<br />

would lead to a solution.<br />

Entrepreneurs who want<br />

to join the VR bandwagon<br />

must work towards this end<br />

to create a VR world where<br />

privacy n infringement of<br />

Intellectual Property are not<br />

mere terms but enforceable<br />

laws. The business world would<br />

not exist without technology.<br />

Technology would evolve in<br />

the future. It is wise for industry<br />

people to start looking at<br />

making this partnership a lawful<br />

one while it is still possible.<br />

Join hands and work towards<br />

creating a future where the VR<br />

world thrives with the security of<br />

legal protection.<br />

SPI thinktank<br />

initiative<br />

It is<br />

great if one is<br />

aware of the<br />

laws that can<br />

help one out<br />

of the mess.<br />

But in many<br />

cases, people<br />

are not aware<br />

of the laws<br />

that might<br />

help them out<br />

of a tricky<br />

situation.<br />

Intelligent SME | <strong>April</strong> <strong>2018</strong><br />

51

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