Entropia Universe - how to prepare for the case of death

Pirx Danford

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Pirx Danford
Entropia Universe - how to prepare for the case of death

This information is put together for Entropia Universe participants,
who want to consider how to prepare their account for the event of their own death.
Moderators please feel free to move this thread to its proper location if there is a better place than general discussion.

Important notice:
even though I did contact Mindark for clarification purposes of some questions,
this document reflects my personal interpretation
and is not an official statement by Mindark.
It is in no way of any binding relevance to Mindark
and might even contain misconceptions on my side.
Please feel free to point out things that I can improve
or which need correction.

It is written on the 18th of August in 2010,
as virtual worlds are relatively new in regards to legal practice there might be new laws in place by the time you read this.

Your account represents real value and naturally you will probably not want to let that go to waste, but of course if you don't care about the money value, then the easy way will be not to take any action at all.
Not to take any action is equivalent to donating your possessions to Mindark, which depending on your personal views might even be something you want to do.

This will result in your account being terminated after 750 days after your last login, as per the terms of use rule number 5.4.

Normally though you probably will want one of those three options:
  • 1. A regular inheritance settlement
  • 2. Transfer of the account or parts to a friend or many friends
  • 3. Donating your possessions to a charity or other non EU third party

Lets look at each of those three options in turn.

1. A regular inheritance settlement

For this way you have to include all relevant details about the Entropia Universe account within your will. Should you want certain friends to receive specific items, make sure to select a solicitor beforehand, which is willing to learn how to control the avatar within EU and how to find your friends.

The procedure in case of death is then such that an inventory is drawn up of the deceased participants assets. Since an Entropia Universe account is an asset in the terms of right of use, the account will be part of the estate inventory.

Quoting Mindark:

“The heirs can then decide whether they want to continue running the Account or if they wish to cancel it. In both cases a verified copy of the estate inventory must be sent to us along with a verified copy of an identification document of the person representing the estate. The Account information will then be changed accordingly giving the representative of the estate full access to the Entropia Universe Account and its assets. Note that Terms of Use 2.1§ still apply prohibiting the use of multiple accounts. “

If the meaning of estate is unclear to you look it up here:
http://en.wikipedia.org/wiki/Estate_(law)

This means if the heir in question already has an account the heir may liquidate one of the two accounts and can keep the other.

This way is the most secure way in legal aspects and I can only strongly encourage you to do this if your account value represents a considerable amount of money.
Which brings us to the second point.

2. Transfer of the account or parts to a friend or many friends

If you don't have a considerable amount of value on your account you might consider to just make sure someone whom you trust receives your login data after your departure.

This method is not endorsed by Mindark as the terms of use 3.2 state that

“If You should happen to willfully or otherwise reveal Your Login Details, You have relinquished Your right to any assistance regarding the possible outcomes or consequences of Your actions. Your Account may be Banned and/or Terminated if You let someone else use it inappropriately or not in compliance with this paragraph 3.”

So don't consider this if you want your account to be kept active, but for not too considerable amounts of money this is an easy way of liquidating the assets.

Also be sure to do this in a manner which is not a disservice to your friends.
A worst case could be that your relatives claim your account as described in part 1, but a friend already has your account data and gets accused of having hacked you.
So if you chose to do it this way, do it in a manner which does not put your friends in potentially problematic situations.

As to what a considerable amount is, most countries have a certain value limit for gifts you give to your relatives and friends and any gifts above this value have to be taxed.
As example in Germany this would be, within the duration of 10 years, 500,000 € for the husband, 400,000 € for children, or the children of your dead children, 200,000 € for the children of your living children and 20,000 € to everyone else.

But consider that border crossing gifts might become taxed two times.

Considering the current laws this might not apply to virtual property as the real value only will appear on your bank account in the case of you withdrawing it.
Make sure to consult a lawyer if the value in question is considerable within your country, so you don’t run into the danger that your countries revenue authorities suspect you of any illegal actions.


3. Donating your possessions to a charity or other non EU third party

Mindark is not prepared to assist with this.

As Mindark is not prepared to transfer the money to any other bank account than the account of the legitimate participant, there is no way to have the money paid out directly to a charities bank account.

The best way to achieve this is to regulate it in the will or similar to part 2 you might make sure that someone you trust gains access to the account and takes care of the matter.

Summary

Mindark is not prepared to liquidate your account in a way that market value or skill value can be achieved, so if you just let your account be liquidated by Mindark you will only receive the TT value of your items.

This means if you want to have the account liquidated in the way that your assets will be sold for what they are worth, you will have to make sure that someone you trust can take control of the account.

Withdrawals are only paid out to legitimate account holders, so don't perform a withdrawal with the account of a deceased player if you don't have access to the bank account (!).

As each trade is final, liquidating an account can be performed by just gaining access to it and transferring all valuables to an account that the beneficiary legitimately owns, but mind that the decease's account might then be terminated due to ToU 3.2. and also there is the danger that the decease's heirs might claim the account and challenge the rightfulness of the asset transfer to the beneficiary.


Thank you for reading and I hope you might find this information to be helpful.
 
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interesting I have send a support case about this a while ago after an article on the BBC website and some discussion about that on EF:

my question:
Dear Support people,

On a few of the forums about this game somebody posted an article from the BBC website about Virtual Life after Death. The article talks about Facebook and similar websites and mentions the sale of CP to and ask what will happen to CP if Buzz dies. Of course I don't want anyone to die, but the trueth is we all do some day. So what is your view on this, what will happen to the account of a player that has died??

The article: http://news.bbc.co.uk/2/hi/technology/8691238.stm

RAZER

answer:
Hi,
In the case of a death, an inventory must be drawn up of the deceased’s assets. Since your limited license right to use an Entropia Universe Account, subject to the terms and conditions of the EULA and ToU, you might want such access rights to the Account to be part of your estate inventory.
The heirs can then decide whether they want to continue using the Account or if they wish to cancel it. In both cases a verified copy of the estate inventory must be sent to us along with a verified copy of an identification document of the person representing the estate. Pursuant to Terms of Use 3.1§, the Account information, i.e. user name and contact information, will then be changed accordingly giving the representative of the estate full access to use the Entropia Universe Account and the virtual items connected to it. Note that Terms of Use 2.1§ still apply prohibiting the use of multiple accounts.
If this person does not wish to use the Account in order to participate in Entropia Universe, he/she can ask us to cancel the Account, meaning that the Account will be purged. All skills and items will be deleted and the TT value of the items will be transferred to the PED card if the value is at least 1000 PED as stated in the Terms of Use 7§. Thereafter, the person obtaining the right to use the Account can initiate a withdrawal for the PED value available on the Entropia Universe Account.
Note that withdrawals incur a fee of 1%. More information can be found here:
https://account.entropiauniverse.com/support-faq/deposits-and-withdrawals/withdrawal-faq/
Kind regards,
Entropia Universe Support

I think there are some translating issues there (what is that estate they are talking about). But it seems you can add the login info of your account to your last will and give your account to someone else. These people than need to send they ID info, the dead persons ID info and proof of their death to MA so that MA can transfer the account. If the heirs decide to terminate the account MA will deposit the TT value of the items in the account back to the bank account.
 
interesting I have send a support case about this a while ago after an article on the BBC website and some discussion about that on EF:

my question:


answer:


I think there are some translating issues there (what is that estate they are talking about). But it seems you can add the login info of your account to your last will and give your account to someone else. These people than need to send they ID info, the dead persons ID info and proof of their death to MA so that MA can transfer the account. If the heirs decide to terminate the account MA will deposit the TT value of the items in the account back to the bank account.

Funny that you mention that.
The BBC article was actually published after I sent the first draft of what I posted here to MA and asked about some open questions.

The estate is not a translating issue at all by the way, good that you mention it that it might be unclear, I will include this link in the posting to clarify it
http://en.wikipedia.org/wiki/Estate_(law)

Every country that has regulations about the last will should have something resembling this meaning of estate.
 
Funny that you mention that.
The BBC article was actually published after I sent the first draft of what I posted here to MA and asked about some open questions.

The estate is not a translating issue at all by the way, good that you mention it that it might be unclear, I will include this link in the posting to clarify it
http://en.wikipedia.org/wiki/Estate_(law)

Every country that has regulations about the last will should have something resembling this meaning of estate.

Thanx for the estate explanation, really didn't understand what that was about. It is an interesting issue this virtual assets, wonder if this has ever happend. I know some of the EU player died, but we never heard about the trouble people had getting the stuff out of the account.
 
Thanks for the good info, but when I die, the universe ends anyway.
 
I think both you and Mindark are overlooking that when someone dies, it is in the first instance their legal representative, not their heirs, who have the right and responsibility to collect in the person's assets (In English Law, that person is called an Executor). Is this not the case under Swedish or German Law as well as English? Only if the EU account is specifically mentioned in a Will as to be passed to an heir or other beneficiary, do the heirs later get involved (although the Executor may also be an heir). And whether a person leaves a Will or not, no-one has the right to withdraw money until they get legal approval (under English Law, called Probate, or Letters of Administration).
If an Executor decides to liquidate an account, obviously they need details and knowledge, but for most estates I don't see why Mindark should be involved. Once the account is turned into Ped, the value can be withdrawn to the deceased's bank account. ( I believe bank accounts are frozen for payments, but allow credits). I'd also mention that under English Law at least, an Executor has a separate legal persona, so even if they have their own EU account, they would not be breaking the prohibition on multiple accounts, as long as they are merely liquidating the deceased person's.
And you are quite right to point out that the account value belongs to the heirs, though if they are not players of EU, I expect they would reward an EU Friend who assists in selling the account items for their actual value and not the TT value.
It is of course open to Executors and Heirs, that if someone has sufficient assets that they would pay any Death Tax, they might want to deal with a valuable EU account in a way which does not increase the Tax (but which might be illegal).
 
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Hi chevrons, the wording MA uses is a bit more universal.
Sure within english law the term may be executor, but to call it "person representing the estate" should be a description that will fit to every countries according laws, because no matter how you dub it, someone has to be responsible.

Also of course you are right that in many cases MA might not even need to be involved, basically that is what I describe within option 2, because ideally MA won't notice this then.
But let me stress that doing it like that is to be carefully considered, because on one hand you will violate the eula, but more seriously even is that it might be illegal within the laws of your country.

Virtual property is not "on the radar" for many countries authorities, because the understanding of how it works is oftentimes just not there.
But this does not mean the laws regulating property do not cover virtual property, they do and most countries even won't need new laws in any way, just better trained civil servants.
Also take into account that this is the digital world of infinitely stored log files we are talking about, so if the amount of money involved is a considerable amount, then play it safe and consult a lawyer by all means.
 
hey
I thought about that several times. It would be cool that we can do something with our accounts , to give it to who we want to before it's too late etc ( we never knwo when this moment will be) Fulfill a special document would be cool ... I would like that my avatar still play even if im not on earth anymore. I put a lot of efforts in it and i want it goes on in the future and that we remember me in a way too.

Rippy
 
Thanks for opening this subject up.

I contacted MA about this a couple of years or so ago when I was revising my will, and from that understood much the same as you have written here.

The basic problem, in terms of value, is that MA will only liquidate assets at TT value. How to get round this?

I would guess that, in most jurisdictions, the executor has two legal duties: (1) to value the estate at the time of death; and (2) to obtain the best reasonable price for assets that are cashed in rather than handed over to the heirs.

I doubt that solicitors or other executors are going to want to spend much time in learning the auction system in Entropia, and other MMOGs, and will charge so much for their time that, for most estates, any assets will be entirely eaten up by fees.

The obvious answer is for someone to provide a specialised professional service to realise virtual estates at death. I almost thought of setting up something like that a couple of years back, but there seemed so many obvious problems and, as yet, so little call for its services, that I decided to leave the concept for someone else to conjure up. :)
 
It's time they do laws IRL for that ...
Prolly you are right about the fact that MA would take items without mark up... Thats a real prob indeed and not fair. We put money on game, we make efforts it would be normal we are rewarded. It's time really they consider some laws or some fair arrangements, that for a change we don't lose.

Rippy
 
It's time they do laws IRL for that ...
Prolly you are right about the fact that MA would take items without mark up... Thats a real prob indeed and not fair. We put money on game, we make efforts it would be normal we are rewarded. It's time really they consider some laws or some fair arrangements, that for a change we don't lose.

Rippy

Actually in a roundabout way it is fair.
Compare it with what it means to inherit a car.
The car manufacturer is in no way responsible for the heirs ability to sell the car at a fair market value and the same applies to your possessions within EU.
Its just that its common knowledge how to proceed with selling things IRL rather than virtual worlds.

Everything that is a bit uncommon provides a challenge in regards to attaining the best value from it.
My mother for example trades in rare puppets and it might be likewise difficult to sell these of, if not even more difficult, than it would be with my account.

Something that I suggested to MA to lower the hurdle for solicitors a bit would be an information paper, outlining what kind of property exists and how to work the auction or find a forum helping with the value assessment.

As mentioned by Pallas it might be much too expensive to have a professional doing that job.
On the other hand there are some people owning a lot ingame, it might actually be viable in such cases.
 
I made a post related to this a while ago:
EU will execution

Cheers
Siam

Ah Cheers, good one that, can't +rep you there (maybe I did already), so I'll use the efd donate function, its good to be senior!

I find it interesting that the support replies you received sounded like they were much more uncertain about the matter than when they replied to me.
So it seems the know how about it is improving at MA/FPC side as well as time goes by, which makes sense as cases of death will occur and the matter needs taken care of.

I believe even if its a sad topic to bother with, its important we take a look at the state of things from time to time and also help MA to improve on it.
Because seriously when the time is there that you need help, the better MA reacts on it the better for us.
 
I will never die. It's a fact.
 
Ah Cheers, good one that, can't +rep you there (maybe I did already), so I'll use the efd donate function, its good to be senior!

I find it interesting that the support replies you received sounded like they were much more uncertain about the matter than when they replied to me.
So it seems the know how about it is improving at MA/FPC side as well as time goes by, which makes sense as cases of death will occur and the matter needs taken care of.

I believe even if its a sad topic to bother with, its important we take a look at the state of things from time to time and also help MA to improve on it.
Because seriously when the time is there that you need help, the better MA reacts on it the better for us.

I think my inquiry back then was one of the first real questions about this they received. I had to reply a few times before they really understood my questions back then. They had to talk to their legal department for the answer. Unfortunately in the mean time it had occurred a few times so they now have had some practical experience with the situation.

Cheers
Siam
 
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