An analysis of objective imputability in the metaverse, from the perspective of conventional law.

10.2478/bjlp-2023-00000106

Abstract

In a globalized world, the development of new augmented reality technologies through 3D makes it necessary for the Law to adapt to these new spaces and needs within society, therefore, the presence of these augmented reality spaces make possible the interaction of individuals without any type of regulation in addition to that already imposed by the programs or platforms,  however, the latter evoke the structuring and interaction of the platform as such, it does not take into account elements that can be constituted as infractions and crimes, Nor is the Law sufficiently developed to generate legal assessments of these intangible spaces. The research has as its general objective, to carry out an analysis of the objective imputability of the metaverse and the new 3D augmented reality technologies, the specific ones: to examine the objective imputability in the new technologies of 3D augmented reality, contrast the objective accountability of and a physical reality to virtual reality, in addition to determining value judgments on factual elements that can be attributed to the new technologies of augmented reality. The methodology is based on a transversal design, with an exploratory scope, the modality is qualitative, the methods used were systemic-structural-functional, legal hermeneutics and legal dogmanics. It is concluded that when examining objective imputability, the precepts do not change in a resounding way but rather expand to a more contemporary and modern scope in the assessment of objective imputability and the theory of typicity, since the degrees of participation of the active subject must be considered, the imputability of the de facto domain by the platform or computer system in charge of the metaverse quarters,  and the proportionality of the penalty in relation to the damage to the property legal protection and reparation for the victim.