Posts Tagged ‘ virtual communities ’
How should we regulate the exercise of private governance power in virtual communities? This thesis provides a normative framework based upon the broad ideals of the rule of law through which to conceptualise the tensions about governance that arise in virtual communities[ READ MORE ]
A core chapter of my PhD has just been accepted for publication as an article by Berkeley Technology Law Journal. You can view the pre-print here: The Role of the Rule of Law in Virtual Communities (forthcoming BTLJ 2011) (PDF). There is a severe tendency in cyberlaw theory to delegitimize state intervention in the governance [ READ MORE ]
[edit: now with more slides! PDF (3MB) ODP (5MB)] My final seminar for my PhD is this Tuesday. All are welcome; let me know if you’re interested in coming along! Date: Tuesday 16 February 2010 Time: 11:00am -12:00pm Venue: Z Block Room 1124, QUT Gardens Point campus Panel Chairperson/Principal Supervisor: Prof Brian Fitzgerald, Faculty of Law [ READ MORE ]
I've just given a 15 minute version of my rule of law argument at the State of Play VI conference in New York. The basic point was that we are still stuck in a false dichotomy between regulation and liberty for virtual communities. I argue that we need to take a closer look at the [ READ MORE ]
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? [ READ MORE ]
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 [ READ MORE ]
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 [ READ MORE ]
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 [ READ MORE ]
End User Licence Agreements, tos, virtual worlds, virtual communities, estoppel, enforce, rules Where the proprietor of a virtual community generally fails to enforce the rules, could it be estopped from doing so in any particular instance? Despite a clear contractual right to terminate, a provider may be estopped from terminating in circumstances where it would [ READ MORE ]