The rule of law and digital constitutionalism

Participation in virtual communities is said to be governed by the contractual documents written by the proprietors and 'agreed' to by the participants. In a system where governance is controlled by contract, then the limits of contract are essentially constitutional principles. Where, then, can we find the limits that we will impose on contractual governance?[…]

Digital constitutionalism the governance of virtual communities, part 2: contract

digital constitutionalism, virtual communities, governance, contract, consent, social contract This post provides a brief outline of the contractual chapter of my PhD thesis. Comments appreciated. See Part 1 for the introductory and theoretical outline. The term 'digital constitutionalism' is used here to denote the essential values which underpin the development of legal principle as it[…]

AFACT v iiNet copyright infringement suit

Not really pirates. Pirates of the Caribbean: At World's End is one of Disney's films at the centre of the law suit. Image © Disney. As you may have heard, the movie industry has sued iiNet for copyright infringement. iiNet have responded that they will 'vigourously defend' the case. EFA released a press release here.[…]

Digital constitutionalism: the governance of virtual communities, part 3: principles of …

digital constitutionalism, governance, virtual communities, interpretation, public interest, common law This is an outline of the third part of my thesis. Comments appreciated. See Part 1 and Part 2 for more background. Contract law may be the most prominent area of law which affects the governance of virtual communities, but it is by no means[…]

Digital constitutionalism: the governance of virtual communities, part 1

digital constitutionalism, participant rights, virtual communities, virtual worlds, governance, thesis I am finally beginning to write up my thesis. What follows is the first half of the argument I plan to present. This will hopefully provide the structure for identifying the problem and the context of the argument. Comments welcome – what have I missed[…]