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Úprava manipulácie spotrebiteľa prostredníctvom temných vzorov v Európskom súbore "digitálnych" regulácií

100%
Krištofík A.
Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)
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2024
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vol. 163
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issue 12
1287-1297
EN
The article will focus on the issue of new forms of consumer manipulation that are made possible by new technologies that stand between the consumer and the seller. Specifically, it concerns the phenomenon of dark patterns, a way of manipulating the consumer through the deliberate modification of the web interface of an online marketplace service provider. This method of manipulation has taken on a new dimension in recent times, as artificial intelligence-based tools have begun to be developed for this method of consumer manipulation. However, this does not mean that this is a new phenomenon or a possibility exclusively enabled by the use of artificial intelligence, but it can also be mediated by “simply” manipulating the UX of the web interface in question to achieve a similar character. This duality of the technological approach to achieving the desired consumer response in a subliminal way has consequently caused a fragmentation of the regulation of the use of dark patterns, in particular between the two European regulations on which, among others, the article will focus – the Digital Services Act and the Artificial Intelligence Act. The article will first introduce the phenomenon of dark patterns and the ways in which they are created on web interfaces. The article will then introduce the regulation of both regulations in question and describe the way in which they regulate or under what conditions they allow the use of dark patterns and then compare their effectiveness in achieving the stated objective – i.e. the protection of the consumer from manipulation.
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Contextualizing Dark Patterns with the Ludeme Theory: A New Path for Digital Game Literacy?

86%
Dupont B., Malliet S.
Acta Ludologica
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2021
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vol. 4
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issue 1
4-22
EN
So-called dark patterns are widely discussed in game design. This phenomenon raises concerns for gaming education because numerous dark patterns trick players into real money transactions or gambling. A major obstacle to the practical assessment of the severity of a ‘dark’ pattern is the very definition of ‘game patterns’, basing solely on action-oriented structures. In order to take into account not only abstract expressions of the game system, but also the experience of the player, as well as the diverse contexts in which games are played, this article proposes to use the semiotic model of the ‘ludeme’. A ludeme is a minimal element in game design consisting of a grapheme, an acousteme, and a motifeme. We begin by explaining and situating the conceptual framework of the ludeme theory, with a specific interest in its application to repetitions of the same game element over time and through different digital games. Then, the theoretical framework is applied to SimCity BuildIt and particularly to the ‘dark patterns’ in it. In the last part, paths for further developments of the model of ludemic analysis are discussed, with regard to its relevance for media education and digital game literacy.
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