AdAge OpEd: Defining Virtual Property Rights In an Augmented World
I contributed an OpEd on AdAge today on the upcoming battle defining virtual property rights in an Augmented World. This is one area to keep an eye on as we get closer to a world where certain legal and ownership rights for physical presences has yet to be defined. I included the OpEd in this blog entry so feel free to comment on AdAge here or below…
Picture this scenario coming soon to a future near you: You are out and about looking for something to eat. As you walk along a row of restaurants, you decide to put on your augmented reality glasses to see ratings, a video greeting from the restaurant owner and interactive displays of their daily specials. However, as you look closer at the restaurant, you notice a virtual advertisement and coupon from a competing restaurant just a few blocks away. Touching the advertisement, you’re then given animated directions to the establishment, the virtual coupon and video recommendations from the competing chef. Your decision on where to eat has just been made for you.
Sound like science fiction? Not really. As augmented reality and location-based services continue to evolve, companies will need to start thinking about their ownership rights in virtual space.
Right now, the technology exists to tag virtual information onto a physical location in a very basic form. You can use an augmented reality mobile application such as Tagwhat that knows your general location (based on GPS) and you can access consumer generated information (videos, images, etc.) specific to that area. But as the U.S. government launches its next-generation GPS system, we’re looking at future GPS accuracy that will be “less than a meter”. The only question remaining will be if the government will allow this type of precision for civilian use and subsequently, new location-based systems.
Nothing right now is preventing companies from delivering virtual advertisements on a physical competitors’ presence. Physical presence is defined by square footage and boundaries of your building and other rights that might be granted to you property-wise. But where do rights to your space begin and end in an augmented world?
Geofencing is one step in the right direction as it allows for a virtual boundary for your physical location. This would allow you to potentially defend competitors from digitally tagging your physical property based on current laws, but what about 50 feet above your property? We tend to think of physical boundaries on an X and Y plane but where does your space end on a Z plane? How will public virtual space be defined and monetized as well?
Pillsbury Law Firm has recently started a division that is specifically setup to help define law in virtual and augmented space. James Gatto, leader of Pillsbury’s Virtual Worlds & Video Game Team, has been working with clients to help protect them from the potential issues mentioned above. “In emerging fields like virtual worlds and augmented reality, it is important to understand the unique legal issues these new technologies can represent. Real world laws will need to be redefined to bring order out of the potential chaos an augmented or virtual world will usher in for unprepared companies.”
A recent exhibit at MoMA in New York allowed people to view augmented art works via a layer app on their smartphones. Though not seen by the naked eye, these virtual works of art could be seen in an Augmented View in the exhibition space. You might also recall a recent battle between Audi and BMW through the use of physical billboards across from each other.
Imagine how this advertising battle could escalate in an augmented world with virtual ads targeted to specific customers. It’s important for companies to start thinking about all of this now because an augmented world is closer to becoming a reality than many of us are prepared for.
Tags: 2nd Generation GPS accuracy, AR, Augmented Art Exhibit, augmented reality, Augmented Reality Rights, Geofencing, GPS Accuracy, Pillsbury Virtual Law, Second Generation GPS, Tagwhat, Virtual Property Rights
Well, a very similar problem exists today and no one (it seems) really care.
October 31st, 2010 at 10:06 amI’m talking about ads appearing in search results. Nothing, but the good will of Google, prevents Toyota from buying ads that will appear when a search for Ford is done.
I think that a company running an “augmented world” will also adopt a similar set of rules, because without such rules, their service will be in chaos.
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October 31st, 2010 at 11:37 amRouli makes a good point. You start stealing customers from competitors, and word of mouth is stronger than any two edged sword. Besides, advertising is a tightly controlled “honor amongst thieves” industry. I’m certainly not going to stand in front of a business I want to go into, and then look up to see if there are stealth ads for a competitor. Why should I walk two blocks when I’m “right here”? And if there are suddenly thousands of ads scattered about on the street and sidewalk, like in the Augmented City video, I’m just going to kick the virtual buggars out of the way like so much trash.
October 31st, 2010 at 6:43 pmRouli / Joey1058,
Guys – thanks for the comments. As you mentioned advertising is an industry comprised of “honor amongst thieves”. What I was trying to communicate with the op-ed is that this augmented world will be coming quicker than most people think and that there currently are no laws to prohibit questionable advertising. In our current physical world, someone places an ad on a physical location and everybody can see it. In the augmented world though, it won’t be as apparent if someone is doing competitive advertising anywhere near your establishment – unless of course you’re viewing the augmented world through the same system. Given how everything in digital fragments with competing systems (i.e. Apple iOS vs. Android, etc.) who knows how complicated this can really get.
Matt
October 31st, 2010 at 7:22 pm