Dispute resolution and virtual property: why, what and where… Digital Interactive Symposium: Edinburgh 27 August 2010 Dr Abbe E. L. Brown

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Presentation transcript:

Dispute resolution and virtual property: why, what and where… Digital Interactive Symposium: Edinburgh 27 August 2010 Dr Abbe E. L. Brown

Overview If it’s worth anything it’s worth fighting about…. But how? A link to Jas and the plenary…

Why? Plus ca change… people aren’t very nice…. More investment, more interest, more willingness to take risks, more willingness to fight domain names but is it about games, content or control: “new gods?” Clashes of values and worlds? eBay/Tiffany Facebook cf Canada Rape in Cyberspace or just more ISP/net neutrality chat??

Fighting about a Game? The claim “trade marks” and “copyright” real, virtual, who says “defamation” whose standards breach of contract (or constitution?) EULA, community standards “crime” tax evasion, theft (land, points), fraud (RMT)

What else? First Amendment/article 10 ECHR? Competition law: cartels and abuse of a dominant position? Consumer protection

Why really? The parties gamer against gamer provider against gamer gamers “against” gamer avatar?? For what money, “mandatory action” remaining in game “reform”

You tell me Personal experience?

Where? Provider/gamer: courts EULA – California, Iceland Gamer/gamer: courts same old jurisdiction battles in courts Gutnick v Dow, Mecklermedia, Bonnier Media New solutions eBay Square Trade UDRP WIPO and Format Recognition and Protection Association re TV formats wikipedia

Where else? In game SL: banishment, policing – Liaison Lawyers, dispute resolution providers in game and RW –Cf SLSC/Metaverse (all a bit old…) –Cf Alemi paper Eve: Caldera Tribunal Council of Stellar Management –POS bug, banned

Your experiences? Too much law, not enough action?

SO… what has really happened….