A study from a legal perspective on the conflict of interests in avatar data trading for metaverse usage

to balance the rights of creators and general users.

Abstract

In the metaverse, users treat their avatars as the equivalent of their physical bodies. In "VRChat", a typical social VR service, it is common to see users purchase and use avatars from creators. It was also found that, "political" and "religious" activities are prohibited by the terms of use of the most popular avatars. These restrictions can be considered reasonable in light of precedents regarding private autonomy, copyright law, and general contracts in the real world. Therefore, many users are restricted in their activities related to suffrage and religious freedom in the metaverse. However, it would be inappropriate to solve the issues by simply invalidating such restrictions, as it is against the will of the creators. Since everyone has the freedom to create their own avatar in principle, and hence the right to suffrage and freedom of religion of those who use avatars are not entirely denied. And it is also because the absence of intervention by government power is important for the freedom of thought, conscience, expression, and religion. Regarding this issue of conflict of interests, the author proposes that the governments shall provide proper tools and guarantee opportunities on acquiring skills to their citizens, so they would be able to create their own avatars. If the users are able to create their own avatars, the fundamental problem could be solved regarding this issue. If this idea comes true, respect for private autonomy in avatar trading will be legitimized, and creators shall be able to further develop their creative and economic activities.