State of Play VI Governance, legitimacy, and the rule of law

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[…]

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[…]

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[…]

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[…]

Estoppel by failing to enforce the rules

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[…]

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[…]

Liability rules and property rules as a framework to view virtual world RMT

games, participant rights, virtual worlds Calabresi and Melamed proposed a three-way taxonomy of entitlements – inalienable entitlements, which cannot be traded between willing sellers and willing purchasers; property rules, which are enforceable by injunction to prevent non-consensual takings; and liability rules, where objectively measured damages are the only remedy, leaving open the possibility and expectation[…]