Webupon

Where its nature concerns intangible, incorporeal or ethereal whatever they call it, it exists substantially, prevailed and become indispensable part of life of man of this digital age, we may call it virtual environment. Website addresses, or email addresses, unlike the property in physical world are intangible and incorporeal in nature.

The immense dependence of digital technology by man and unpredictable advancement in cyberspace still is not in frame of proper legal mechanism. The Indian apex court in a case Seelan v. Presiding officer observed as “software is intangible and is difficult to classify in legal terms”. Another verdict of in the case of Bragg v. Lindin court holdsthat “although the facts of the case are virtual but the dispute is real”. In fact the court considered the facts and subject matter in above of the case, the jurists in the world hoisted various comments on this verdict of in different ways but mostly are agreed that the court has considered and measured the virtual property.

The phrase “virtual property” is inclined to at least two definitions: one lay and one legal. In the lay sense, “virtual property” usually refers to a representation of a place or object within the context of a virtual environment that, if it existed in the real world, would be a physical object.

In the legal sense “virtual property” is a system, code or organism which performs function as the corporeal object in the real world. By and large, the legal definition of virtual property is no more ambiguous and in flux, making it easy to even find a starting point for a discussion of the topic, as much as a working definition.

According to commentators advocating independent property rights in virtual property, an e-mail account is a form of virtual property. By extension, another type of unique user account is also virtual property. A domain name, too, is virtual property. The example of an item existing in the context of a virtual world, such as an online game, is also virtual property.

Given the gulf between traditional property and virtual property, however, the question that one must ask, may, Does the popularization of virtual reality-based pastimes and the corresponding growth in the virtual property trade call for the development of new property law doctrines to protect virtual property? The answer is yes, all these form of virtual properties required to be measured as legal recognition and a uniform international cyber rules and laws may work to get common legal approach.

For virtual property, no doubt the implications of this growth are wide- ranging. At the most fundamental level, unlimited variability in virtual environment characteristics means that while virtual property in all environments may be protect-able. Moreover, each virtual environment may not potentially require its own particularized set of “laws,” tailored to fit the environment’s unique characteristics, just uniform set of laws may be a code to be bespoken.

Legal issues relating to the electronic communication and internet in this contemporary world as being necessitated of new kind of jurisprudence, which may be cyber jurisprudence with a virtual approach. Cyber jurisprudence gives an analysis of the law where, is no land and even there is no border, where all things may be different from the physical world, they may be virtual from origin and nature. We may find virtual world with virtual rules and policies, along with the virtual subject matter, virtual contract, virtual disputes, virtual property, virtual possession and virtual court. Cyber jurisprudence deals with the composite idea of cyber jurisdiction and cyber court’s venue in the cyberspace. It emphasis to recognize cyber uniform rules and policies at international level.