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Re:Ask HN: How will you manage your digital assets when you ... by WorldMaker on Tuesday March 06, 2018 @04:16PM (#16532180)
I think about this a lot. At one point I almost built a Keybase-like application for Shamir's Secret Sharing to see if it would be useful for automating at least some bits of digital will/trust escrow, but that idea ran aground of 1) not enough attorneys/solicitors are technically competent to see a need for it yet, and 2) the general legalities of digital assets as a whole is a weird, currently untested in the court system wild west rabbit hole that attempting to educate on (1) quickly falls into (2).

I think at some point we may need to sit down as a software industry with the law industry and draft better laws protecting digital assets as inheritable assets.

Some easy examples:

1) Digital movie unlocks on platforms like Ultraviolet and/or Movies Anywhere. Are those unlocks inheritable? The service agreements are unclear, and the "family account" adds additional gray area.

2) Software Licenses and Software Subscriptions/Accounts. How many EULAs bother to mention inheritable rights other than to squash them or send them to mediation? Which of the App Stores support family sharing? How many have yet thought ahead to inheritable rights?

3) Are the GDPR Rights (Right to Erasure, Right to Rectification, Right to Access by the Data Subject, et al) inheritable? Right now the easy answer is that they don't mention the idea at all, and at least some of the GDPR implementors' heads might explode if they thought they would also need to consider survivors' access to those Rights.

There are likely to be some huge coming legal battles over some of this stuff, and its something that I feel surprised not enough legal minds are even considering today.

Re:Ask HN: How will you manage your digital assets when you ... by mathie25 on Tuesday March 06, 2018 @04:33PM (#16532294)
Based on recital 27 "This Regulation does not apply to the personal data of deceased persons. Member States may provide for rules regarding the processing of personal data of deceased persons." Source: https://gdpr-info.eu/recitals/no-27/

So it would mean that companies would not be obliged to comply with GDPR.

Re:Ask HN: How will you manage your digital assets when you ... by WorldMaker on Tuesday March 06, 2018 @04:50PM (#16532397)
That is an interesting punt by the legislators.
Re:Ask HN: How will you manage your digital assets when you ... by sjg007 on Tuesday March 06, 2018 @04:28PM (#16532252)
Digital movies are inheritable.
Re:Ask HN: How will you manage your digital assets when you ... by WorldMaker on Tuesday March 06, 2018 @05:05PM (#16532510)
I agree they should be, but the fact of the matter is that its not that simple. A digital movie unlock in the systems I mentioned are a "service license" where your relationship to that property is via the service's Terms & Conditions. There's not "digital asset" law that currently takes precedence over such T&Cs and it's not been tested in court (to my lay knowledge at least), if those are inheritable.

More directly, if we look at Movies Anywhere's T&Cs [1], here's the main description of your license:

«Within the Territory and subject to the terms and conditions in these Movies Anywhere Terms of Use, Movies Anywhere grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right»

I am not a lawyer, but the keywords there seem to me to be non-transferable and non-assignable. That is meant to keep you from reselling movies unlocked in your account, but also implies that the right is not inheritable. So too, the words "personal use" may imply "you and only you". Though that is a fun gray area in the terms because the system allows family accounts that bend past "only you". That's also why there is gray area in inheritance cases. The T&C as written would seem to me to bind only to you, not your family. Disney has the right to suspend your account for any reason at all, according to the T&Cs, but if they did need a reason "your death" is pretty clear because at that point the T&Cs no longer apply to "you".

Again, I'm not a lawyer, but this seems a pretty big and ugly minefield for digital assets that I would love to see more frank conversations about. I think it is a missing EFF plank, at the very least (and I've mentioned that with past donations).

[1] https://moviesanywhere.com/terms-of-use

Re:Ask HN: How will you manage your digital assets when you ... by icebraining on Wednesday March 07, 2018 @03:38AM (#16535094)
Yes. Apparently some people are creating Trusts which actually hold these licenses, but the idea hasn't been tested in court.