33 Amendments of Patrick BREYER related to 2023/2062(INI)
Amendment 8 #
Motion for a resolution
Recital B
Recital B
B. whereas, experts say it might still take 10 to 15 years for the metaversevirtual worlds to reach itstheir full potential and itstheir development is expected to significantly impact the digital landscape in future years, bringing both opportunities and risks that need to be addressed;
Amendment 13 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the concepttechnologies of ‘metaverse’ and ‘virtual world’ currently lack consolidated definitions;
Amendment 15 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes in this regard the proposal included in the Commission communication for a definition focusing on the main features of virtual worlds, as follows: ‘virtual worlds are persistent, immersive environments, based on technologies including 3D and extended reality (XR), which make it possible to blend physical and digital worlds in real time, for a variety of purposes such as designing, making simulations, collaborating, learning, socialising, carrying out transactions or providing entertainment’; stresses, that such definition may lack clarity; points out that many of the technologies referred to as “virtual worlds” have existed for years; underlines that a future European strategy should be anchored in research, scientific evidence and societal relevance rather than relying on proclaimed buzzwords;
Amendment 16 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the key importance of promoting standardisation and interoperability for the full development of the metaverse, as an ecosystem ofan ecosystem of decentralised and interconnected virtual worlds;
Amendment 20 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that virtual worlds accessible in the EU should be guided byrespect ethical values, principles and fundamental rights enshrined in the Charter of Fundamental Rights of the European Union26 and existing EU legislation; _________________ 26 OJ C 303, 14.12.2007, p. 1.
Amendment 22 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that virtual worlds should bognizes the importance of aligning the developedment and deployed in linement of virtual worlds with the general principle that what is illegal offline should be illegalcarefully assessed for its applicability in the online realm, ensuring that fundamental rights are fully respected; while striving to ensure that people’s rights as users, consumers, workers, investors, and creators are fully respected;, acknowledges that the digital context may need nuanced adaptations and considerations to effectively address offenses online.
Amendment 28 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the importance of monitoring compliance and ensuring effective enforcement of the applicable legal instruments in force; calls on the Commission to develop guidelines and best practices, in cooperation with the various stakeholdersdifferent stakeholders, including representatives from civil society and consumer protection organisations, as well as the academia, clarifying their legal obligations and responsibilities in the metaversevirtual worlds;
Amendment 34 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines that it is paramount that the Commission conducts regular fitness checks of the applicable legal instruments in force and stresses that any future legislation on the metaversevirtual worlds should avoid overlaps or inconsistencies, while filling gaps where needed;
Amendment 35 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that recent research has shown that VR sensor data is as uniquely identifiable as a fingerprint scan and can be used to infer a variety of attributes such as age, gender, income, ethnicity, and disability status; believes that this raises significant ethical and legal concerns that should not be disregardedbe adressed; highlights that technologies allow access to the most intimate spaces of users, such as their home; underlines the need to prevent illegal data harvesting and use of sensitive user data for commercial surveillance practices; highlights that virtual worlds may negatively impact data privacy of users; stresses that part of addressing these ethical concerns around the collection of vast amounts of personal data, including biometric data, is to guarantee that consent for the collection of such data is not obtained only at the time of entry to the virtual world, but for each use case in line with the purpose limitation principles laid out by the GDPR, such as those of privacy by design and purpose limitation;
Amendment 40 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that wherever it is technically possible and reasonable, virtual worlds should enable the anonymous use of services and payment in them, since anonymity effectively prevents unauthorised data disclosure, identity theft and other forms of abuse of personal data collected online;
Amendment 41 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Notes that since VR activities of individuals allow for deep insights into their personality and make it possible to manipulate them, the collection and use of personal data concerning the use of services in the virtual environment should be subjected to a specific privacy framework and limited to the extent necessary to provide and bill the use of the services; stresses that in the spirit of the jurisprudence on communications data, public authorities shall be given access to a user’s subscriber and metadata only to investigate suspects of serious crime with prior judicial authorisation; highlights the impact of ‘dark patterns’, addictive design and manipulative practices in increasing manipulation and digital asymmetry;
Amendment 42 #
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
Amendment 45 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes, in this regard, that the actions put forward by the Commission in its communication aimed at raising awareness, improving digital skills and increasing users’ access and literacy to key technologies are crucial;
Amendment 46 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes more specifically that, since anyone anywhere in the world can access virtual worlds, the ‘mosaic criterion’ established by the Court of Justice of the European Union, by which the injured party may seek compensation in the courts of the countries where at least a part of the harm occurred, might not hold in the interest of the harmed person; recalls, however, that the Court established an additional criterion whereby injured parties can claim compensation through the courts of the country in which they have their main interest and affirms that the codification of this criterion into the Brussels Rome II Regulation could be considered;
Amendment 48 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Observes that the definition of ‘consumer’ in the BrusselsRome I Regulation is currently based on a direct contractual relationship, which is missing for instance between the issuer of a non-fungible token (NFT) and the purchaser when the NFT is put on a secondary market; notes that, consequently, in the event of a dispute with the issuer, the final purchaser would be deprived of the jurisdictional treatment that the BrusselsRome I Regulation grants to consumers;
Amendment 49 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Hague Conference on Private International Law and the Commission to take into account these and other potentially problematic situations and to assess the appropriateness of the existing provisions of private international law applicable in the EU, proposing amendments, where necessary, to guarantee that citizens and businesses do not have to systematically litigate in foreign courts or under foreign laws in order to enforce their rights, while bearing in mind the risk of forum shopping, notably on the part of non-EU companies;
Amendment 53 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the number and economic relevance of commercial transactions within the metaversevirtual worlds is expected to increase over the next decade; stresses the need, in this context, to ensure that providers of virtual goods and services can be identified where required by Union law and held liable for any harm caused by their products;
Amendment 57 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out the concerns raised by the advertising techniques used when selling so-called virtual real estate, as users might be led to believe that they are actually acquiring property rights, when, in practice, they only obtain a licence to use the virtual ‘land’; eEmphasises the importance of ensuring that the applicable terms and conditions are transparent, clear and fair;
Amendment 62 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that liability rules should fully apply to virtual worlds and underlines the importance of putting in place effective measures to prevent and address any form of harmful behaviour in the enforcing the law in any virtual world environment in line with fundamentaversel rights;
Amendment 63 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned that the use of avatars and decentralised systems, such as those built on blockchain technology, might make it extremely challenging to hold tort feasors accountable; considers that the implementation of effective identity management systems is key in order to allow for their proper identification and to combat fake identities, also taking into account the specificities linked to the governance of decentralised autonomous organisations and to collective liabilityalls on the Commission to assess those challenges;
Amendment 66 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that anonymity in the digital world is a key pillar of the internet and should be protected also in the development of new technologies; underlines that an avatar can assist individuals in breaking free from the constraints imposed by broader societal biases, which can be empowering; highlights that users can embody diverse personas that suit various environments and circumstances or provide a protective shield for privacy;
Amendment 69 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. RConsiders that virtual worlds evolve and become more complex; recalls that avatars do not have legal personality so any issues regarding their legal capacity, rights, obligations and liabilities needs to be addressed, where possible, with reference to the natural or legal persons using them; considers that, as the metaverse evolves and becomes more complex, consideration should be given to the appropriateness of granting a specific legal status to avatars, while respecting anonymity, when relevant;
Amendment 75 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines that the body of EU law on the protection of intellectual and industrial property rights fushally apply mutatis mutandies to virtual worlds; stresses nevertheless that the development of virtual worlds may poses new challenges in terms of enforcement and identification of infringersof existing legislation;
Amendment 77 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that users in the metaversethe owners of VR platforms and their users in virtual worlds are under the obligation to respect right holders’ exclusive prerogatives and their right to fair remuneration; highlights that the use of content protected by intellectual property rights (IPR) requires authorisation through licensing or assignment, unless it is covered by any exception or limitation to IPR protection; reiterates the importance in this regard of ensuring transparency as to the scope of licences so as to ensure that users are able to determine what uses of IPR-protected content in the metaverse are covered by the licences they hold;
Amendment 80 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the update brought about by the twelfth edition of the ‘Nice classification’, which allows for the registration of trademarks in classes covering their use in the metaversefor virtual goods and the use of NFTs; is, however, concerned about the use of NFTs referencing trademarks without the authorisation of their owners and calls for effective measures to be implemented to detect and address these and other cases of infringement; welcomes in this regard the Commission proposal to develop a toolbox to fight counterfeiting;
Amendment 85 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Acknowledges the applicability of liability ruleexemptions as laid down in the Digital Services Act and of the special regime established in Article 17 of the Copyright Directive to coverregarding the uploading of user- generated content; believes, however, that further clarification is needed on how existing rules should apply on online content-sharing services that make content available to the public;
Amendment 86 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that NFTs do not grant any IPR as such on the digital asset and signals the need for further clarity and transparency in order to avoid fraud and the frequent confusion between the right to the token itself and the right to the underlying protected content;
Amendment 88 #
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 93 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises that virtual worlds will provide opportunities for the provision of public services of general interest, to the wider benefit of citizens; underlines, however, that inclusion of and accessibility for all users in the EU must be ensured both in terms of cost and use of hardware and the understanding of software; notes that accessibility is particularly important when it comes to vulnerable population groups and should take into consideration aspects such as geographical location, gender, disability, level of educational attainment and socio-economic background;
Amendment 95 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Raises important concerns on end- user addiction and vulnerable groups that often lack essential skills for a just and fair digital transition, with a particular emphasis on minors, the elderly, and people with disabilities; stresses the need of raising European citizens’ awareness about their responsible usage;
Amendment 96 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Notes with concern that growing use of virtual worlds could also exclude certain groups of people who lack basic skills or resources to participate in this environment, but also people living in rural and remote areas, like outermost regions; highlights that the regulators need to be vigilant about preventing the manifestation of bias in the development of virtual worlds to avoid that existing discriminatory practices are perpetuated in virtuals worlds;
Amendment 97 #
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Welcomes the Commission’s support to the EU open-source community, in their capacity of innovators that can contribute relevant digital commons to deliver on key features of virtual worlds, such as in relation to the use of distributed ledger technology and other technologies needed for the authenticity, management and security of virtual objects and identities;
Amendment 99 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Adds, in this context, that digital literacy is of the utmost importance for ensuring a safe and socially beneficial uptake and informed use of virtual worlds and to promote democratic controlenvironment;