Drake IP 2013: Deidre Keller, ‘Why intellectual property needs property’

Liveblogged from Drake IP Roundtable 2013. Deidre Keller makes the argument that IP is property, and maybe that’s not such a bad thing. If we appreciate property in a more nuanced sense, the fact that it is property is less trouble. Keller argues that limitations from property should inform limitations in copyright, patents, and trade[…]

Bragg v Linden Lab

Following on from my post about MDY v Blizzard, Bragg v Linden is another of the tough questions that will frame my thesis. Second Life is a three-dimensional free-form virtual world constructed primarily by its participants. Unlike some other virtual worlds, Second Life is not a 'game' – it has no central narrative or defined[…]

Article: On the (partially-)inalienable rights of participants in virtual communities

publication, article, MIA, media international australia, , games, human rights, participant rights, property, virtual worlds, inalienable, contract My most recent article has now been published. Unfortunately, MIA's policy is set to change to allow online access as of the next issue. For now, here's the post-print: Nicolas Suzor, "On the (partially-)inalienable rights of participants in[…]

On Cyberproperty

cyberspace, property, virtual worlds, participant rights Proprietors of virtual communities sometimes make absolutist claims to sovereignty over the platform and the community. These proprietors tend to resist any public regulation, as they see the platform as 'their' 'property'. Unlike public utilities, most platforms do not receive Government funding or enjoy legislated monopolies, and therefore, the[…]

Mozelle Thompson on Governance

governance, public, private, End User Licence Agreements, participant rights, contract, property, facebook Photo: Andrew Feinberg, CC BY 2.0. Last week, I had the opportunity to talk to Mozelle Thompson at an event organised by QUT IPKCE and the IIA. Mozelle was a US Federal Trade Commissioner, and is now a legal adviser to Facebook. Mozelle[…]

Judge Ung-gi Yoon on RMT as goodwill trading

I recently had the good fortune to review a paper by Judge Ung-gi Yoon on RMT. You can find the paper at SSRN: Real Money Trading in MMORPG items from a Legal and Policy Perspective. I really enjoyed this paper, and recommend that you take a look if you’re interested in the topic. The analogy[…]

Margaret Jane Radin’s theory of partial inalienability as a model for evaluating interests in …

games, participant rights, politics, property, virtual worlds I am in the process of selecting a theoretical model on which to base my normative analysis. Below, I explain my preliminary attraction to Radin's construction of partial inalienability and the pragmatic method of resolving tensions between conflicting interests. As always, comments are greatly appreciated. Thesis: in choosing[…]

On inalienable rights and virtual worlds

Image: Jefferson Memorial by kjd (CC BY-NC-ND). While the discussion of liability rules and property rules (below) may be adequate for fungible interests, it may not be appropriate in cases of interests which more closely touch the personality of the participant. For these latter interests, inalienability, or partial inalienability may be the best method for[…]

Today Tonight v Chaser – Copyright in video taken in trespass?

copyright, property (Photo from Daily Telegraph, extracted from Seven's own broadcast.) Channel 7 obtained a preliminary injunction to prevent the Chaser from broadcasting video it recorded whilst allegedly trespassing on Channel 7's premises. Paragraph 14 of the judgment notes that Channel 7 had planned to show its own version of events on Today Tonight, which[…]