How will the Metaverse deal with intellectual property?

The Metaverse itself does not depend on users to exist. Generally, these are private and potentially numerous spaces, so it would be wrong to refer to the Metaverse as a single, undivided space.

Many of these spaces are essentially games, like Fortnite, or they offer multiple gaming options, like Roblox. We also see settings like MetaMetaverse or Open Sea, which allow the creation of multiple spaces and simultaneous participation inside.

The Metaverse has become a challenge and an opportunity for intellectual property. In certain spaces, you can buy clothes by recognized brands. Or there is so-called "catfishing," which is anonymous misuse of a real personal identity, and fraud and falsifications. In other words, the Metaverse hosts all the vices, virtues, and same practices of the real world, depending on its users.

Who will control the Metaverse?

There are currently no specific norms governing the Metaverse per se. If one steals a person's identity there, one is liable to the same penalties as in real life. If you exploit a name or brand without the owner's authorization, or plagiarize, the offense is the same in the virtual and real worlds.

One particular consideration, however, is that Metaverse spaces are absolutely under the control and supervision of their creators. Users can be included, excluded, erased or censored if rules are broken. You enter a Metaverse by clicking on an agreement clause that is changed regularly and unilaterally. This turns an online reprimand, or exclusions, into early tools of regulation in Metaverses, without legal action or state intervention.

Metaverse creators and administrators are effectively all-powerful rulers. They discern or interpret an infraction or offense and act accordingly, even if this is seen as arbitrary. Still, reading about the Metaverse gives little of its feel and flavor: better to enter and play.

*Acosta is a law lecturer and partner in the Bogotá law firm OlarteMoure