We are already familiar with the concept of Extended Reality (XR) which encompasses Augmented Reality; (AR) Virtual Reality (VR) and Mixed Reality (MR). In this series we explore some of the legal issues associated with XR and other immersive technologies including the concept of spatial computing. Spatial computing merges objects and things in the physical world with digital realities and evaluates and responds to information gathered from the physical world. Our evaluation follows a character called Lewis through their immersive experiences.
"Lewis" is trying out a new headset that allows him to enter an immersive environment and is overlayed onto his view of the real world. In this article series, we consider some key questions associated with the use of this innovative technology and propose possible answers, focusing particularly on the implications for manufacturers and developers.
Data issues
Use of data
What if Lewis starts to feel peckish and glances towards the bakery whilst wearing the headset? What if he sneezes? Would the technology monitor his eye movements and realise that he is hungry and unwell? How will data protection laws deal with the processing of this data (particularly special category data) when it is provided passively by the user?
Advertising
What if the technology began showing Lewis adverts for local restaurants and cold medicine? How will this fit into current direct marketing regulation?
Consent
How will Lewis be able to provide his explicit consent to having his data processed? What about if Lewis' 8-year-old son used the headset?
Responsibility
With so many different players involved in the creation of the immersive content, how will the roles of data controllers and data processors be delineated? Who will be responsible for obtaining consent? How will privacy policies be displayed? What about data breaches?
Take a look at our data article for some answers.
Liability issues
Risk to Lewis
What if Lewis becomes distracted by the immersive environment in his headset (or, even worse, what if his view of the real world is obscured by the content in the immersive environment) and he walks into that rather large pothole? If he is injured, could the manufacturer of the headset or developer of the content in the immersive environment be liable?
Risk to others
What about if Lewis accidentally damages one of the cars as a result of an issue with the headset or the content? Would liability rest with the manufacturer, the developer of the content, or Lewis?
Take a look at our liability article for some answers.
IP issues
Copyright
If the camera in the headset captures copyrighted material (like music playing), would this constitute copyright infringement?
Trade marks
If the camera then recorded billboards on the street which showed the logos of some major brands, would this constitute trade mark infringement?
Designs
What about from a developer's perspective – will their digital works (in the form of the immersive environment itself) be protected? What about jurisdictional challenges developers could face?
Protection of gestures
When Lewis makes a gesture to control the headset, is this protected under IP law?
Protection of avatars
What about Lewis' avatar which is displayed in the immersive environment – can that be protected?
Take a look at our IP article for some answers.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
