STUDY UNIT 11

Question 1

WHAT IS VIRTUAL PROPERTY OR DIGITAL PROPERTY?

Answer 1

Digital property refers to intangible objects, or things that one would consider to be objects of property law or objects that have value.

Question 2

WHAT IS A VIRTUAL WORLD?

Answer 2

Virtual world is a computer-moderated, persistent environment through and with which multiple individuals may interact simultaneously.

Question 3

CHARACTERISTICS ACCORDING TO FARIFIELD:

Answer 3

1. they are rivalrous
2. they are persistent
3. they are interconnected
4. Secondary markets
5. Value added by users

Question 4

CHARACTERISTICS OF THINGS IN SA LAW:

Answer 4

1. incorporeality
2. external to persons
3. independence
4. appropriability of being controlled by humans
5. use and value

Question 5

THE GAME CONCEIT:

Answer 5

-digital property rights will have third party effect and are enforceable against the world at large.
-one would be able to enforce one’s property rights in a court of law.
-as an owner of a digital property, one would be able to make use of the rei vindicatio, to claim back one’s property from anyone else

Question 6

THE NUANCED TEST:

Answer 6

is used by courts to determine whether a digital object of a virtual property should be protected in any particular case.

Question 7

SEVERAL ARGUMENTS FOR HOW TO DEAL WITH OWNERSHIP OF DATA GENERATED BY INDIVIDUAL PERSONS:

Answer 7

1. data generated by a person, either directly or indirectly, is data owned by that person.
2. data is owned by whoever owns or created the data collecting system.
3. data is not capable of being owned

Question 8

CONSIDERATIONA

Answer 8

1. digital property as part of one’s estate
2. Privacy
3. insolvency
4. tax
5. securitisation
6. escrow
7. attachment