2023/2062(INI) | [ParlTrack]

Role	Committee	Rapporteur	Shadows
Lead	JURI	VOSS Axel ( EPP), GARCÍA DEL BLANCO Ibán ( S&D)

Amendments	Dossier
100	2023/2062(INI) 2023/11/07 JURI 100 amendments... Amendment 1 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution Citation 36 a (new) – having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled `A Digital Decade for children and youth: the new European strategy for a better internet for kids (BIK+)´ (COM (2022) 212) Amendment 10 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution Recital B a (new) Ba. whereas digital sovereignty is a means of promoting the notion of European leadership and strategic autonomy, and it is key to guarantee the EU´s ability to shape and enforce legislation in the digital environment, ensuring ethical, sustainable and human- centric virtual worlds and preserving the safeguard of fundamental rights and the values of the European Union; Amendment 100 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution Paragraph 27 a (new) 27a. Highlights the need to put in place effective education measures to ensure a wide virtual world’s literacy among citizens and to upskill professionals in different fields, namely teachers, and to encourage and promote the development of European talent and technologies, while attracting more people, including more women, into STEM; Amendment 11 # Daniel BUDA Motion for a resolution Recital B a (new) Ba. whereas we note that existing European legislation is not adequate or suited to the development of virtual worlds; Amendment 12 # Daniel BUDA Motion for a resolution Paragraph 1 1. Notes that the concepts of ‘metaverse’ and ‘virtual world’ currently lack consolidated ~~definitions~~and harmonised definitions that can be applied uniformly; Amendment 13 # Patrick BREYER Motion for a resolution Paragraph 1 1. Notes that the ~~concept~~technologies of ‘metaverse’ and ‘virtual world’ currently lack consolidated definitions; Amendment 14 # Karen MELCHIOR Motion for a resolution Paragraph 1 1. Notes that the concepts of ~~‘metaverse’ and~~ ‘virtual worlds’ currently lack consolidated definitions; Amendment 15 # Patrick BREYER Motion for a resolution 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 # Patrick BREYER Motion for a resolution Paragraph 3 3. Stresses the key importance of promoting standardisation and interoperability for the full development of ~~the metaverse, as an ecosystem of~~an ecosystem of decentralised and interconnected virtual worlds; Amendment 17 # Karen MELCHIOR Motion for a resolution Paragraph 3 3. Stresses the key importance of promoting standardisation and interoperability for the full development of ~~the metaverse, as~~ an ecosystem of interconnected virtual worlds; Amendment 18 # Daniel BUDA Motion for a resolution Paragraph 4 4. Stresses that virtual worlds accessible in the EU should be guided by the EU’s objectives, the 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.~~underlines that continuous monitoring of the development of metaverse technology and its impact on society is also necessary so that regulations can be adapted and/or updated in line with new challenges that may arise over time; highlights that this also requires close cooperation between European lawmakers, public authorities, industry and civil society in order to develop and implement appropriate, effective and harmonised regulations; Amendment 19 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution Paragraph 4 4. Stresses that virtual worlds accessible in the EU should be guided by ethical values, principles and fundamental rights enshrined in the Charter of Fundamental Rights of the European Union26 and existing EU legislation; , namely on data privacy, security and safety standards, data sharing, content moderation, cybersecurity, workers’ rights, consumers’ and child protection, accessibility requirements, respect for intellectual property rights, contestable and fair markets _________________ 26 OJ C 303, 14.12.2007, p. 1. Amendment 2 # Emmanuel MAUREL Motion for a resolution Recital A A. whereas virtual worlds have not yet been ~~widely~~ taken up, a~~lthough~~nd their deployment in a number of use cases in various sectors has ~~raised general awareness and has attracted the att~~so far been marked by failure; whereas, in this respect, the European Commission’s presentation o~~f public authorities~~n 30 November 2022 of certain aspects of its ‘Global Gateway’ strategy in a virtual world was attended by six people at an estimated cost of EUR 387 000; Amendment 20 # Patrick BREYER Motion for a resolution Paragraph 4 4. Stresses that virtual worlds accessible in the EU should ~~be guided by~~respect 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 21 # Daniel BUDA Motion for a resolution Paragraph 5 5. Recalls that virtual worlds should be developed and deployed in line with the general principle that what is illegal offline should be illegal online, ensuring that people’s rights as users, consumers, workers, investors and creators are fully respected; considers that it is also necessary to identify and apply clear and harmonised standards in order to protect personal data, privacy, know-how and trade secrets, combat harassment and hate speech, and prevent online abuse and fraud; Amendment 22 # Patrick BREYER Motion for a resolution Paragraph 5 5. Rec~~alls that virtual worlds should b~~ognizes the importance of aligning the developedment and deploy~~ed in line~~ment of virtual worlds with the general principle that what is illegal offline should be ~~illegal~~carefully 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 23 # Kosma ZŁOTOWSKI Motion for a resolution Paragraph 5 5. Recalls that virtual worlds should be developed and deployed in line with the general principle that what is illegal offline should be illegal online, ensuring that people’s rights, with a strong focus on children, as users, consumers, workers, investors and creators are fully respected; Amendment 24 # Karen MELCHIOR Motion for a resolution Paragraph 5 5. Recalls that virtual worlds should be developed and deployed in line with the ~~general principle that what is illegal offline should be illegal online~~Digital Services Act, ensuring that people’s rights as users, consumers, workers, investors and creators are fully respected; Amendment 25 # Geoffroy DIDIER Motion for a resolution Paragraph 5 5. Recalls that virtual worlds should be developed and deployed in line with the general principle that what is illegal offline should be illegal online, ensuring that people’s rights as users, consumers, workers, investors, rights holders and creators are fully respected; Amendment 26 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution Paragraph 5 a (new) 5a. Points that, in particular, the following pieces of legislation already apply to different aspects of virtual worlds, Digital Services Act (DSA); Digital Markets Act (DMA); Data Governance Act; Data Act; the proposed AI Act; General Data Protection Regulation (GDPR); General Product Safety Regulation; Unfair Commercial Practices Directive; Markets in Crypto- Assets (MiCA) Regulation; European Digital Identity (eID); Directive on Copyright in the Digital Single Market; Regulation on the EU Trade Mark; Directive on the Protection of Trade Secrets; European Accessibility Act; Web Accessibility Directive; Amendment 27 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution 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 stakeholders, clarifying their legal obligations and responsibilities ~~in the metaverse;~~ of the various stakeholders involved in the metaverse, such as platform operators, service providers, developers and users, in light of the applicable EU law; Amendment 28 # Patrick BREYER Motion for a resolution 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 stakeholders~~different stakeholders, including representatives from civil society and consumer protection organisations, as well as the academia, clarifying their legal obligations and responsibilities in the ~~metaverse~~virtual worlds; Amendment 29 # Karen MELCHIOR Motion for a resolution 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 stakeholders, clarifying their legal obligations and responsibilities in ~~the metaverse~~virtual worlds; Amendment 3 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution Recital A A. whereas virtual worlds have not yet been widely taken up, although their deployment in a number of use cases in various sectors (e.g. healthcare, education and gaming) has raised general awareness and has attracted the attention of public authorities; Amendment 30 # Daniel BUDA Motion for a resolution Paragraph 6 6. Highlights the importance of regularly 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 stakeholders, clarifying their legal obligations and responsibilities in the metaverse; Amendment 31 # Emmanuel MAUREL Motion for a resolution 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 metaverse should avoid overlaps or inconsistencies, while~~virtual worlds should fill~~ing~~ gaps where needed; Amendment 32 # Kosma ZŁOTOWSKI Motion for a resolution Paragraph 7 7. Underlines that it is paramount that the Commission conducts regular and frequent fitness checks of the applicable legal instruments in force and stresses that any future legislation on the metaverse should avoid overlaps or inconsistencies, while filling gaps where needed; Amendment 33 # Karen MELCHIOR Motion for a resolution 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 metaverse~~virtual worlds should avoid overlaps or inconsistencies, while filling gaps where needed; Amendment 34 # Patrick BREYER Motion for a resolution 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 metaverse~~virtual worlds should avoid overlaps or inconsistencies, while filling gaps where needed; Amendment 35 # Patrick BREYER Motion for a resolution 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 disregarded~~be 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 36 # Sabrina PIGNEDOLI 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, state of mind and emotions; believes that this raises significant ethical concerns that should not be disregarded; stresses that part of addressing these ethical concerns around the collection of vast amounts of personal data, including biometric data, is to guarantee that users are aware of the data being collected and 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 principle laid out by the GDPR; Amendment 37 # Emmanuel MAUREL Motion for a resolution 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 concerns and human rights violations that should not be disregarded; 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 pwarns that access to sensitive data such as biometric and behavioural data, emotional reactions and haptic information could lead to new and intrusive ways of profiling, especially as interconnected virtual worlds operate on data sharing, as they require an interplay of assets, experienc~~iple laid out by the GDPR~~es and common programming interfaces; Amendment 38 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution 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 concerns, notably in connection with targeted behavioural advertising, that should not be disregarded; 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 principle laid out by the GDPR; Amendment 39 # Gilles LEBRETON Motion for a resolution 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, ethnic~~ity,~~ origin, health status and disability status; believes that this raises significant ethical concerns that should not be disregarded; 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 principle laid out by the GDPR; Amendment 4 # Daniel BUDA Motion for a resolution Recital A A. whereas virtual worlds have not yet been widely regulated and taken up, although their deployment in a number of use cases in various sectors has raised general awareness and has attracted the attention of public authorities; Amendment 40 # Patrick BREYER Motion for a resolution 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 # Patrick BREYER Motion for a resolution 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 # Patrick BREYER Motion for a resolution Paragraph 9 c (new) 9c. Urges the Commission in its review of the Unfair Commercial Practices Directive (UCPD), Consumer Rights Directive and Unfair Contract Terms Directive (Fitness check) to ensure a high level of protection in the digital environment with attention to tackling the growing issues around the addictive, behavioural and manipulative design of online services, with a particular focus on virtual world platforms implementing techniques not yet covered by existing legislation; calls on the Commission to regulate on the obligations of undertakings to develop ethical and fair digital products and services without dark patterns and misleading or addictive design ‘by design’; Amendment 43 # Daniel BUDA Motion for a resolution 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 to key technologies are crucial and should be implemented as swiftly as possible in order to promote an inclusive and competitive digital society; considers that facilitating access to high-speed internet infrastructure and appropriate equipment is also crucial so as to avoid digital divides and ensure that no one is left behind in this rapid technological development; Amendment 44 # Emmanuel MAUREL Motion for a resolution 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 to key technologies, particularly to tackle the digital divide, are crucial; Amendment 45 # Patrick BREYER Motion for a resolution 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 # Patrick BREYER Motion for a resolution 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 47 # Daniel BUDA Motion for a resolution Paragraph 13 13. Observes that the definition of ‘consumer’ in the Brussels 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 Brussels I Regulation grants to consumers, and it is therefore necessary to update the regulatory framework to cover these situations; Amendment 48 # Patrick BREYER Motion for a resolution Paragraph 13 13. Observes that the definition of ‘consumer’ in the ~~Brussels~~Rome 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 ~~Brussels~~Rome I Regulation grants to consumers; Amendment 49 # Patrick BREYER Motion for a resolution 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 5 # Gilles LEBRETON Motion for a resolution Recital A A. whereas virtual worlds have not yet been ~~widely taken up~~regulated by law, although their deployment in a number of use cases in various sectors has raised general awareness and has attracted the attention of public authorities; Amendment 50 # Daniel BUDA Motion for a resolution Paragraph 14 14. Calls on 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 in the EU, proposing appropriate amendments, where necessary, to guarantee that citizens and businesses do not have to systematically litigate in foreign courts or under foreign laws; and that their rights under the EU regulatory framework are fully guaranteed, both online and offline; Amendment 51 # Daniel BUDA Motion for a resolution Paragraph 15 15. Notes that the number and economic relevance of commercial transactions within the metaverse 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 and held liable for any harm caused by their products; considers it essential to develop a legal framework and appropriate regulations to guarantee transparency and responsibility in the metaverse, thereby protecting consumers’ interests and safety and the integrity of the virtual market; underlines that it is therefore necessary to create effective mechanisms to deal with complaints and resolve disputes so as to ensure that users can obtain redress or compensation without undue delay if they suffer losses because of virtual products or services; Amendment 52 # Emmanuel MAUREL Motion for a resolution Paragraph 15 15. ~~Notes that the number and economic relevance of commercial transactions within the metaverse is expected to increase over the next decade; stresses the need, in this context,~~Stresses the need to ensure that providers of virtual goods and services can be identified and held liable for any harm caused by their products; Amendment 53 # Patrick BREYER Motion for a resolution Paragraph 15 15. Notes that the number and economic relevance of commercial transactions within the ~~metaverse~~virtual 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 54 # Karen MELCHIOR Motion for a resolution Paragraph 15 15. Notes that the number and economic relevance of commercial transactions within ~~the metaverse is expected to~~virtual worlds may increase over the next decade; stresses the need, in this context, to ensure that providers of virtual goods and services can be identified and held liable for any harm caused by their products; Amendment 55 # Gilles LEBRETON Motion for a resolution Paragraph 15 a (new) 15a. Draws attention, in particular, to the serious infringements of users’ right to privacy that could occur within the metaverse; Amendment 56 # Emmanuel MAUREL Motion for a resolution 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’; emphasises the importance of ensuring that the applicable terms and conditions are transparent ~~and fair~~, fair and easy to understand, particularly as it has been shown that users often fail to read such terms and conditions due to their dense and technical nature; stresses that advertising and targeted advertising should be regulated or even banned for vulnerable groups such as children, as stipulated by the Digital Services Act; Amendment 57 # Patrick BREYER Motion for a resolution 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 58 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution Paragraph 16 16. Points out the concerns raised by the advertising techniques used when selling the so-called virtual real estate, , like a building or a piece of land in a virtual world, represented by an NFT, 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’; emphasises the importance of ensuring that the applicable terms and conditions are transparent and fair; Amendment 59 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution 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 metaverse, including, where appropriate and without prejudice to the right of seeking judicial redress, the establishment of reporting and dispute resolution mechanisms; Amendment 6 # Daniel BUDA Motion for a resolution Recital A a (new) Aa. whereas we are witnessing significant changes in the current technological landscape, in which virtual worlds have spread increasingly quickly; Amendment 60 # Daniel BUDA Motion for a resolution Paragraph 17 17. Recalls that liability rules should fully apply to virtual worlds and underlines the importance of putting in place effective, proportionate measures to prevent and address any form of harmful behaviour in the metaverse; Amendment 61 # Karen MELCHIOR Motion for a resolution 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 metaverse~~virtual worlds; Amendment 62 # Patrick BREYER Motion for a resolution 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 fundamenta~~verse~~l rights; Amendment 63 # Patrick BREYER Motion for a resolution 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 64 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution 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 tortfeasors 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 (DAOs) and to collective liability; welcomes in this regard the Commission’s intention to study the added value of a possible legal framework for DAO’s; Amendment 65 # Daniel BUDA Motion for a resolution 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 identify and hold tortfeasors accountable; considers that the implementation of effective identity management systems is key in order to allow for their proper and timely identification and to combat fake identities, also taking into account the specificities linked to the governance of decentralised autonomous organisations and to collective liability; Amendment 66 # Patrick BREYER Motion for a resolution 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 67 # Sabrina PIGNEDOLI Motion for a resolution Paragraph 19 19. Recalls that avatars do not have legal personality so any issues regarding their legal capacity, rights, obligations and liabilities needs to be addressed 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;~~ Amendment 68 # Geoffroy DIDIER Motion for a resolution Paragraph 19 19. Recalls that avatars do not have legal personality so any issues regarding their legal capacity, rights, obligations and liabilities needs to be addressed 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; Consider that the avatar or the person behind should be identifiable and a know your business customer principle should be applicable; Amendment 69 # Patrick BREYER Motion for a resolution 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 7 # Daniel BUDA Motion for a resolution Recital A b (new) Ab. whereas it is essential that we continue to promote and develop new technologies, recognising their transformative potential in fields such as education, culture, medicine, the entertainment industry and many others; Amendment 70 # Karen MELCHIOR Motion for a resolution Paragraph 19 19. Recalls that avatars do not have legal personality so any issues regarding their legal capacity, rights, obligations and liabilities needs to be addressed with reference to the natural or legal persons using them; considers that, as ~~the metaverse~~virtual worlds evolves and becomes more complex, consideration should be given to the appropriateness of granting a specific legal status to avatars; Amendment 71 # Gilles LEBRETON Motion for a resolution Paragraph 19 19. Recalls that avatars do not have, and nor should they have, legal personality, so any issues regarding their legal capacity, rights, obligations and liabilities needs to be addressed with reference to the natural or legal persons using them; considers that~~, as the metaverse evolves and becomes more complex,~~ careful consideration should be given to the appropriateness of granting a specific legal status to avatars; Amendment 72 # Daniel BUDA Motion for a resolution Paragraph 20 20. Underlines that the body of EU law on the protection of intellectual and industrial property rights fully applies to virtual worlds; stresses nevertheless that the development of virtual worlds poses new challenges in terms of enforcement and identification of infringers and correct enforcement of rules concerning their punishment; considers that, given the unique characteristics of the virtual environment, it is essential for existing legislation to be adapted in order to address any new types of infringements, illegal acts or offences that may occur in the metaverse; highlights that this requires close cooperation between EU lawmakers, competent authorities and the technology industry to develop effective tools and mechanisms for the identification and proper enforcement of regulatory provisions within the ever- changing digital environment; Amendment 73 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution Paragraph 20 20. Underlines that the body of EU law on the protection of intellectual and industrial property rights, including copyrights, trademarks, patents, designs and trade secrets fully applies to virtual worlds; stresses nevertheless that the development of virtual worlds poses new challenges ~~in terms of~~when it comes to intellectual property enforcement and identification of infringers, as well as the issues concerning the conflict-of-law rules on applicable law and jurisdiction; Amendment 74 # Geoffroy DIDIER Motion for a resolution Paragraph 20 20. Underlines that the body of EU law on the protection of intellectual and industrial property rights fully applies to virtual worlds including article 167 of the TFUE and article 48 of the TUE; stresses nevertheless that the development of virtual worlds poses new challenges in terms of enforcement and identification of infringers; Amendment 75 # Patrick BREYER Motion for a resolution 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 infringers~~of existing legislation; Amendment 76 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution Paragraph 21 21. Recalls that users in the metaverse 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), including in digital form in an electronic medium, such as an NFT, requires authorisation through licensing or assignment, unless it is covered by any exception or limitation to IPR protection (such as private copy, education, research, quotation, review, parody or pastiche); 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 and that creators and right holders are able to receive accurate and proper reporting on the actual use of protected works; Amendment 77 # Patrick BREYER Motion for a resolution Paragraph 21 21. Recalls that ~~users in the metaverse~~the 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 78 # Geoffroy DIDIER Motion for a resolution Paragraph 21 21. Recalls that users in the metaverse are under the obligation to respect right holders’ exclusive ~~prerogative~~rights 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 providers ensuring transparency as to the scope of licences, including territorial 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 79 # Karen MELCHIOR Motion for a resolution Paragraph 21 21. Recalls that users in ~~the metaverse~~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~~virtual worlds are covered by the licences they hold; Amendment 8 # Patrick BREYER Motion for a resolution Recital B B. whereas, experts say it might still take 10 to 15 years for the ~~metaverse~~virtual worlds to reach ~~its~~their full potential and ~~its~~their development is expected to significantly impact the digital landscape in future years, bringing both opportunities and risks that need to be addressed; Amendment 80 # Patrick BREYER Motion for a resolution 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 metaverse~~for 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 81 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution 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 metaverse; calls for a close follow up on the concrete application of such classification; 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 82 # Karen MELCHIOR Motion for a resolution 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 metaverse~~virtual worlds; 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 83 # Geoffroy DIDIER Motion for a resolution Paragraph 23 23. Acknowledges the applicability of liability rules as laid down in the Digital Services Act and of the special regime established in Article 17 of the Copyright Directive to cover the uploading of user- generated content; believes, however, that further clarification is needed on how existing rules should apply; and how they should be enforced notably when the provider is residing outside the EU with no exequatur agreement in force. Amendment 84 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution Paragraph 23 23. Acknowledges the applicability of liability rules as laid down in the Digital Services Act and of the special regime established in Article 17 of the Copyright Directive to cover the uploading of user- generated content; believes, however, that further clarification is needed on how existing rules should apply to services available in the metaverse; Amendment 85 # Patrick BREYER Motion for a resolution Paragraph 23 23. Acknowledges the applicability of liability ~~rule~~exemptions as laid down in the Digital Services Act and of the special regime established in Article 17 of the Copyright Directive ~~to cover~~regarding 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 # Patrick BREYER Motion for a resolution 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 87 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution Paragraph 24 a (new) 24a. Notes that NFTs and other blockchain based offers facilitate continuous resale of assets based on copyright protected works through online transactions and believes that appropriate and proportionate remuneration of authors for each resale of such assets needs to be ensured; Amendment 88 # Patrick BREYER Motion for a resolution Paragraph 25 25. Recalls the difference between AI- assisted human creations and AI- generated creations; recalls that, while the current intellectual property framework remains applicable to AI- assisted creations, AI-generated creations create new regulatory challenges for intellectual property rights protection;deleted Amendment 89 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution Paragraph 25 25. Recalls that, under the current rules, the outputs autonomously generated by AI systems might not be eligible for copyright protection, as the principle of originality is linked to a natural person the concept of “intellectual creation” presupposes the author’s personality; recalls also the difference between AI- assisted human creations and ~~AI-generated creations; recall~~outputs autonomously generated by AI; reminds that, while the current intellectual property framework remains applicable to AI-assisted creations, ~~AI-~~outputs autonomously generated ~~creations~~by AI create new regulatory challenges for intellectual property rights protection, such as questions of ownership, inventorship and appropriate remuneration, as well as issues related to potential market concentration; welcomes the commitment assumed in the IP action plan for the Commission to engage in stakeholder discussions on how to address the challenges raised by AI-assisted inventions and creations; Amendment 9 # Karen MELCHIOR Motion for a resolution Recital B B. whereas, experts say it might still take 10 to 15 years for ~~the metaverse~~virtual worlds to reach ~~its~~their full potential and ~~its~~their development ~~is expected to~~could significantly impact the digital landscape in future years, bringing both opportunities and risks that need to be addressed; Amendment 90 # Geoffroy DIDIER Motion for a resolution Paragraph 25 25. Recalls the difference between AI- assisted human creations and AI-generated creations; recalls that, while the current intellectual property framework remains applicable to AI-assisted creations, AI- generated creations create new regulatory challenges for intellectual property rights protection; and should not be protected by Copyright law, a human being presence being an essential condition to protect the work via this legislation. Amendment 91 # Emmanuel MAUREL Motion for a resolution 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,~~Underlines 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, level of educational attainment and socio-economic background; Amendment 92 # Ibán GARCÍA DEL BLANCO, Axel VOSS Motion for a resolution 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, such as the elderly, persons with disabilities and children, and should take into consideration aspects such as geographical location, gender, level of educational attainment and socio-economic background; Amendment 93 # Patrick BREYER Motion for a resolution 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 94 # Karen MELCHIOR 26. Emphasises that virtual worlds ~~will~~may 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, level of educational attainment and socio-economic background; Amendment 95 # Patrick BREYER Motion for a resolution 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 # Patrick BREYER Motion for a resolution 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 # Patrick BREYER Motion for a resolution 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 98 # Daniel BUDA Motion for a resolution Paragraph 27 27. Adds, in this context, that digital literacy is of the utmost importance ~~for~~to ensur~~ing~~e a safe and socially beneficial uptake and informed use of virtual worlds, to tackle disinformation, manipulation and abuse in the virtual environment and to promote democratic control; Amendment 99 # Patrick BREYER Motion for a resolution 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 ~~control~~environment; source: 756.008

Amendment 1 #

Motion for a resolution
Citation 36 a (new)

– having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled `A Digital Decade for children and youth: the new European strategy for a better internet for kids (BIK+)´ (COM (2022) 212)

Amendment 10 #

Ibán GARCÍA DEL BLANCO, Axel VOSS

Motion for a resolution
Recital B a (new)

Ba. whereas digital sovereignty is a means of promoting the notion of European leadership and strategic autonomy, and it is key to guarantee the EU´s ability to shape and enforce legislation in the digital environment, ensuring ethical, sustainable and human- centric virtual worlds and preserving the safeguard of fundamental rights and the values of the European Union;

Amendment 100 #

Ibán GARCÍA DEL BLANCO, Axel VOSS

Motion for a resolution
Paragraph 27 a (new)

27a. Highlights the need to put in place effective education measures to ensure a wide virtual world’s literacy among citizens and to upskill professionals in different fields, namely teachers, and to encourage and promote the development of European talent and technologies, while attracting more people, including more women, into STEM;

Amendment 11 #

Daniel BUDA

Motion for a resolution
Recital B a (new)

Ba. whereas we note that existing European legislation is not adequate or suited to the development of virtual worlds;

Amendment 12 #

Daniel BUDA

Motion for a resolution
Paragraph 1

1. Notes that the concepts of ‘metaverse’ and ‘virtual world’ currently lack consolidated ~~definitions~~and harmonised definitions that can be applied uniformly;

Amendment 13 #

docs/2	date 2023-12-15T00:00:00 docs url: https://www.europarl.europa.eu/doceo/document/A-9-2023-0442_EN.html title: A9-0442/2023 type Committee report tabled for plenary, single reading body EP
events/2	date 2023-12-15T00:00:00 type Committee report tabled for plenary body EP docs url: https://www.europarl.europa.eu/doceo/document/A-9-2023-0442_EN.html title: A9-0442/2023
procedure/stage_reached	Old Awaiting committee decision New Awaiting Parliament's vote

events/1	date 2023-12-11T00:00:00 type Vote in committee body EP
procedure/Other legal basis	Rules of Procedure EP 159

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