What exactly is this metaverse?
In the summer of 2021, Mark Zuckerberg announced to the global community that Facebook would be focusing more heavily on developing a metaverse in the future, and even went so far as to rename his company “Meta” on the spot. Since then, media coverage of the metaverse from the (formerly) Facebook-led initiative has died down somewhat. But there isn’t just one metaverse. The development of this technology is steadily advancing even without major media attention. Like most new developments, it is also making its way into the construction industry and is poised to revolutionize it. To arrive at this assessment, one must first consider what the metaverse—beyond being just a buzzword in news reports from Silicon Valley—actually is. Put simply, it is nothing more than a separate, digital universe. It is created through the interaction of virtual reality (VR), augmented reality (AR), and physical reality. In this process, the boundaries between these three realities blur, so that ultimately only a single reality is perceived.
But what does this have to do with the construction industry? The use of Building Information Modeling (BIM) is becoming increasingly widespread; this process involves capturing all relevant data for a construction project and combining it into a digital model. This creates a realistic, three-dimensional representation of the completed construction project at an early stage. But even BIM technology has its limits, because it provides “only” a 3D model.
Georg Willem Büchler
Georg Willem Büchler studied law and economics in Bayreuth. As a partner at the law firm Schlatter and a specialist attorney in construction and architectural law, he advised construction companies, real estate developers, architects, and engineers on all legal matters related to real estate. Advising building owners and commercial lease law were other key areas of his practice. As a “digital native,” he also regularly handled cases involving IT law.
In-Person Meeting in the Metaverse
Anyone who moves their on-site appointments to the metaverse crosses the boundary just described. Not only the modeled construction project but also its surroundings can be displayed and experienced there up close and in three dimensions. They then exist not only in our imagination before our inner eyes but, through VR headsets, before our actual eyes. Long before the first actual groundbreaking, the metaverse allows for virtual walkthroughs of the completed construction project. Participants in the virtual walkthrough can be spread across the seven continents. This does not prevent their avatars from meeting at the construction site in the metaverse.
In this way, the metaverse offers a platform for seamless collaboration and communication. Virtual meetings and shared workspaces enable the constant exchange of information and ideas. Changes can be proposed in real time and made visible to everyone, which leads to better coordination and can accelerate decision-making processes.
Especially during the planning and design phase, the metaverse enables improved visualization. Architects and planners can collaborate within and around the simulated model of the construction project. The immersive experience helps identify and correct design errors early on. During the construction phase, the metaverse can be used to monitor and optimize construction site activities. Site managers can use AR and VR technologies to project virtual construction plans directly onto the physical construction site. This enables more precise execution and reduces the risk of errors. Workers can also be prepared for specific tasks through virtual training and simulations, which increases efficiency and safety. Finally, even after a construction project is completed, the metaverse offers innovative solutions for its operation and maintenance. Digital twins of real-world buildings can be used to monitor their condition in real time. Maintenance technicians can use AR applications to access hidden structures such as pipes and cables. The possibilities are endless.
Is that even legal?
This raises the question of how the metaverse should be classified from a legal perspective. As is so often the case, it is not only people who must adapt to a new technology, but the law as well. The question often arises as to whether existing rules can be applied or need to be supplemented, and, as is so often the case, much remains unclear at this stage. A few of these “problem areas” will be examined below.
The Avatar as an Object of Attribution and Digital Identity ×
First, there is the issue of how to handle the avatar, which plays a central role in the metaverse. It is the digital identity through which the user—similar to a first-person video game—appears and interacts in the metaverse. It should be clear that commercial law obligations regarding the correct naming of a company also apply to its metaverse avatar. But what else applies? What defenses are available if third parties copy a metaverse identity to commit abuse using the virtual twin? An obligation to use real names cannot be introduced at this time. After all, it was not until 2021 that lawmakers required digital service providers to allow users to access their services using pseudonyms or anonymously.
Privacy Policy ×
The data protection landscape of the metaverse also warrants attention. It is significantly more complex than on the “normal” Internet, where the digital exchange of personal data nowadays typically takes place in one-on-one relationships, such as between website operators and visitors. Data is only shared with third parties with prior consent—we’re all familiar with those sometimes annoying cookie prompts. However, when construction stakeholders meet at a Metaverse construction site, third parties “strolling” through the same Metaverse may also gain access to various types of personal data. This typically results in a one-to-many relationship—a new scenario that must also be addressed from a regulatory perspective.
Intellectual Property ×
The protection of copyrights and intellectual property plays a major role in the metaverse. Unlike in the real world, works can, for example, be technically designed from the outset so that a share of the proceeds goes to the creator with every subsequent use or sale. The level of protection in this regard is higher than in the real world. In addition, the question arises as to how trademarks or patents can be protected against imitation. The first companies are already selling virtual clothing for metaverse avatars and have filed trademark applications to protect these products. Further developments in this area will be worth watching closely.
Criminal Law and Property Rights ×
Another interesting question is what consequences misconduct in the metaverse entails. Is German criminal law applicable if criminal content in the metaverse can be accessed and viewed from Germany? Does the owner of a virtual property have the right to restrict access? If one or both of the above questions are answered in the affirmative, the next questions immediately arise. In cases of doubt, what enforcement measures will ensure that the law is actually enforced? Must there be a “metaverse police force”? Are real-world lawmakers required to adapt their laws to protect their citizens in the virtual world, or will regulation of the metaverse be left to the respective (private) operators? Beyond this multitude of questions, it remains clear that, on the one hand, practical problems regarding legal prosecution and enforcement may arise in the metaverse. On the other hand, however, new forms of provability are emerging that, in turn, facilitate both.
Outlook
Despite the current legal uncertainties and challenges, the metaverse offers enormous potential and will revolutionize the way we build and collaborate. The technology enables innovative methods for planning, designing, monitoring, and maintaining construction projects, making it too attractive for the construction industry to do without in the future.
