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In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh
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In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.

Dec 16, 2015

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Page 1: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.

In-Game Currency

Is it Electronic Money?

Simon BradshawSchool of Law (LLM 2007/8), University of Edinburgh

Page 2: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.

In-Game Currency

Is it Electronic Money?

Simon BradshawSchool of Law (LLM 2007/8), University of Edinburgh

Page 3: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.
Page 4: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.

‘electronic money’ shall mean monetary value as represented by a claim on the issuer…

EM Directive, Art 1(3)(b)

Page 5: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.
Page 6: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.
Page 7: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.

A bearer of electronic money may, during the period of validity, ask the issuer to redeem it at par value in coins and bank notes or by a transfer to an account free of charges other than those strictly necessary to carry out that operation.

EM Directive, Art 3(1)

Page 8: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.

‘electronic money’ shall mean monetary value as represented by a claim on the issuer…

EM Directive, Art 1(3)(b)

Page 9: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.

…which is:

(i) stored on an electronic device;

(ii) issued on receipt of funds of an amount not less in value than the monetary value issued;

(iii) accepted as means of payment by undertakings other than the issuer.

EM Directive, Art 1(3)(b) cont’d

Page 10: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.
Page 11: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.

QuickTime™ and aTIFF (LZW) decompressor

are needed to see this picture.

From ‘The Coming Second Life Business Cycle’, Matthew Bellerhttp://mises.org/story/2640

Page 12: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.

…which is:

(i) stored on an electronic device;

(ii) issued on receipt of funds of an amount not less in value than the monetary value issued;

(iii) accepted as means of payment by undertakings other than the issuer.

EM Directive, Art 1(3)(b) cont’d

Page 13: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.

Member States shall prohibit persons or undertakings that are not credit institutions … from carrying on the business of issuing electronic money.

EM Directive, Art 4

Page 14: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.

The business activities of electronic money institutions other than the issuing of electronic money shall be restricted to:

(a) the provision of closely related financial and non-financial services … excluding the granting of any form of credit; and

(b) the storing of data on the electronic device on behalf of other undertakings or public institutions.

EM Directive, Art 5

Page 15: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.

Electronic money institutions shall not have any holdings in other undertakings except where these undertakings perform operational or other ancillary functions related to electronic money issued or distributed by the institution concerned.

EM Directive, Art 5 cont’d

Page 16: In-Game Currency Is it Electronic Money? Simon Bradshaw School of Law (LLM 2007/8), University of Edinburgh.

Of course, we’ll know when we have genuine redeemable wealth inside a virtual world when it becomes worth the effort of stealing it…