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[…]

EFA submission on format shifting

copyright, efa We lodged a submission with AGD about the format shifting exceptions for photographs and films. Press release is available at the EFA site. In short, we argued for a digital-to-digital private copying exception. If the purpose of copyright is to provide incentives for creators, then preventing consumers from watching their purchased films and[…]

EULAs and incorporation by notice

analysis, End User Licence Agreements, click wrap, shrink wrap, incorporation, terms, notice, assent, reasonable, case law, duty to read, End User Licence Agreements, contract, incorporation, terms Most EULA and ToS documents now require the participant to 'accept' the document by checking a box or clicking a button before continuing. If this is accepted to be[…]

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[…]