Digital inheritance: Difference between revisions

Content deleted Content added
Gp1791 (talk | contribs)
second half of rewritten Social media section copied from User:Gp1791/Digital Inheritance
Gp1791 (talk | contribs)
deleted Legal aspects section (incorporated into rest of article)
Line 64:
 
[[LinkedIn]] has a process for removing or memorializing the profiles of deceased members. The request may be initiated by someone with legal authority to act on behalf of the deceased and who has the proper documentation. Non-authorized individuals may simply report a user as deceased.<ref>LinkedIn. (2021, February). ''Deceased LinkedIn member''. Retrieved December 17, 2021, from https://www.linkedin.com/help/linkedin/answer/2842/deceased-linkedin-member?lang=en</ref>
 
===Legal aspects===
From a legal point of view, digital inheritance requires that digital data forms part of the descendant's [[estate (law)|estate]]. Central to digital inheritance is the idea of universal succession. This concept dictates that each deceased person have a universal successor to inherit their entire estate, the purpose of which is to keep a deceased person's property (physical, intellectual, and digital) from becoming ownerless.<ref>{{Cite journal|last=Mikk|first=Tiina|last2=Sein|first2=Karin|date=2018|title=Digital Inheritance: Heirs’ Right to Claim Access to Online Accounts under Estonian Law|journal=Juridica International|volume=27|pages=117-128|doi=10.12697/JI.2018.27.12|via=HeinOnline}}</ref> Such property rights as elements of the descendant's estate may be enshrined in laws, such as in [[Switzerland]].<ref>{{cite web|url=http://www.admin.ch/ch/d/sr/c210.html |title=Bundesrecht |publisher=admin.ch |date= |accessdate=2013-08-01}}</ref> A digital estate may include outstanding debts and intellectual property rights as well as possession-based rights of the testator.
 
There is a distinction in law between ownership and right-to-use such as in software, digital music, film and books and there is legal precedent for denying resale or bequest of these.<ref>{{cite web|url=http://www.techdirt.com/articles/20100912/12212110968.shtml |title=Appeals Court Destroys First Sale; You Don't Own Your Software Anymore |publisher=TechDirt |date=2010-09-13 |accessdate=2014-04-11}}</ref> Only original digital data, archived on a medium of the service provider, falls into the decedent's estate, as far as the testator has had access and the digital data is not cleared with the testator's death.
 
The question of whether digital assets are subject to the same rights as physical assets, and whether digital assets in the public ___domain can be exclusively inherited is moot.
 
==Memorial==