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/lp/springer-journals/digital-legacy-and-interaction-what-happens-to-my-facebook-profile-5cTwp10ODx
- Publisher
- Springer International Publishing
- Copyright
- © Springer International Publishing Switzerland 2013
- ISBN
- 978-3-319-01630-6
- Pages
- 115 –144
- DOI
- 10.1007/978-3-319-01631-3_7
- Publisher site
- See Chapter on Publisher Site
Abstract
[This chapter will address the social and legal problems of transmission of digital assets on death. It questions whether existing well-known systems of laws and norms for transmission of property and assets on death are fit for the purpose of bequeathing the new “digital assets”. These assets are not simple to define and combine very different categories of assets including, e.g., traditional intellectual property assets such as digitised songs, social network profiles, assets in virtual worlds or games, emails and passwords. In particular it is controversial if (some of) these assets are best viewed as “property” or “obligations”, which has substantial effect on the legal consequences. In practice, at the moment, the area is mainly controlled by privately ordered rules of contract, i.e. the terms and conditions of different service providers, rather than by the general law of property and succession. In the realm of transmission of assets on death, this is unsatisfactory as it means the “rules” vary from site to site, are unclear to users, fail to take account of stakeholder interests and may change on whim.]
Published: Aug 26, 2013
Keywords: Service Provider; Personal Data; Supra Note; Virtual World; Court Order