Cancelled Virtual Property Rights: The Legal Landscape of Real-world Rights in the Virtual World
Course content
People are spending an increasing amount of time interacting and engaging with others in virtual worlds such as World of Warcraft, Second Life, and Fortnite. As users of these worlds build, acquire, trade, and sell virtual assets using real money, a bridge between the real-world marketplace and the economy of the virtual community begins to form. Because conflicts inevitably arise, clarifying the legal status of virtual assets is essential to understanding users’ rights to virtual assets and the legal frameworks that govern the transactions involving them. While End User License Agreements (EULAs) help define the rights and responsibilities of users and developers, legal scholars argue EULAs fail to address the tension between contractual powers of developers and the alleged property rights of user rights.
This course will explore the differences between real-world and virtual property, the legal frameworks applicable to defining rights that may be associated with virtual property, the economic consequences of asserting user rights in virtual worlds, and how user rights interact with contractual rights under EULAs. The main topics of the course will include:
Introduction to Virtual Property in the Virtual
World
The course will begin with understanding the challenge of defining
virtual property by explaining the nature of virtual worlds, the
types of assets found therein, and how these assets are
created.
Applicable Legal Frameworks to Virtual Property
The virtual economy created by the acquisition, trading, and
selling of virtual property invites examination into the different
legal frameworks that can be used to define the legal status of
virtual property. In this section, we will discuss and introduce
several different areas of law and their applicability to virtual
property.
1. Real property
2. Personhood and personal property
3. Contract
4. Intellectual property
5. Consumer protection
Real-world Laws vs Virtual World Laws
This section explores the literature on whether real-world laws
should be applied to virtual worlds, which has its own set of
rules, norms, and customs. Traditionally, behavior deemed illegal
in the real world has been acceptable in the virtual world.
However, when virtual behavior gives rise to consequences in the
real world, when should the courts intervene and should laws of the
real world be applied? To what extent should virtual laws play a
role in legal decisions made in the real world?
Enforcement of Rights to Virtual Property
Available case law from different jurisdictions involving virtual
property will be analyzed to assess how different legal concepts
are applied by different jurisdictions. This section will consider
cases involving users enforcing their rights against third parties
and developers enforcing their rights against third parties.
Analysis will focus on comparing property rights based approach vs
EULA contract based approach and the policy and economic impact of
these decisions on society.
International Considerations
The issue of jurisdiction comes into question when a dispute in the
virtual world spills over into the real world between users from
different countries. This section will introduce the concept of
conflicts of law and how courts have traditionally decided the
appropriate forum, procedure, and applicable law for resolving a
dispute. Discussion will focus on whether conflicts of law concepts
need to be adapted to apply to disputes involving virtual property
in the virtual world
This course will help students’ develop and acquire the following knowledge, skills, and competences:
- Develop an understanding of how different legal frameworks such as property law, contract law, intellectual property law, and consumer protection law apply to understanding the legal status of virtual property
- Develop a deeper understanding and critically reflect on the legal principles that apply to understanding the legal status of virtual property
- Develop an understanding of conflicts of law and international considerations that arise in disputes involving virtual property
- Develop an understanding of common law concepts applicable to defining the rights associated with virtual property
- Analyze elements of an End User License Agreement
- Identify and explain the rights and obligations that arise under an End User License Agreement as it relates to rights of users and developers
- Interpret and analyze case law relating to virtual property and virtual worlds
- Use critical thinking skills to evaluate and explain the ways in which law, economics, and public policy shape the rights and responsibilities of different participants in virtual worlds
- Demonstrate an ability to identify and apply different real world legal principles and policy considerations to disputes involving virtual property that reflects balanced consideration of interests of the participants
- Develop and articulate clear, coherent, and professional oral and written communication and argumentation skills
- Enable students to carry out independent research on the intersection of different areas of law and the relationship between law, policy, and innovation
- Engage in critical analysis and balanced debate on the role of law in defining how society engages with technology
Group presentation of case study
A case study will be assigned to a group of students based on the
readings required for the next class. The group will present their
analysis at the beginning of the following class, applying concepts
learned from prior lectures and from the most current readings to
explain their findings. The learning objective is for students to
(i) apply concepts from previous class and (ii) build upon them
interpreting and apply new concepts in the current readings to
analyze the case study. This activity intended to hone student’s
oratory and group work skills. The peer feedback and end of class
reflection is a way for self-evaluation and reflection
Take-home written assignment
Students will be given a written assignment to be submitted to
Peergrande for anonymous feedback. This activity is intended to
assist students in preparing for the synopsis part of their final
examination. It will also hone students written and critical
thinking skills under minimum pressure.
Class discussion/simulations/debates
Engage class in discussion on topical and contemporary issues
relating to competing rights and interests related to virtual
property and virtual worlds to contextualize the theory and legal
principles set out in the readings. Conduct debates on legal and
policy implications of current unresolved disputes. These
activities are intended to encourage students to think critically
on their feet in a group situation.
Research Handbook on the Law of Virtual and Augmented Reality Woodrow Barfield andMarch Jonathan Blitz
Edward Elgar Publishing 2018 (approximately 450 pages)
Recent case law, research articles and other relevant materials selected and made available (approximlately 350 pages)
Real property law; contract law; intellectual property law
- Students enrolled at Faculty of Law: Self Service at KUnet
- Professionals: Single subject application form (tuition fee apply)
- ECTS
- 15 ECTS
- Type of assessment
-
Oral examination, 20 min.Oral exam based on a synopsis, 20 minutes
- Marking scale
- 7-point grading scale
- Censorship form
- External censorship
Single subject courses (day)
- Category
- Hours
- Preparation
- 343,5
- Seminar
- 69
- English
- 412,5
Kursusinformation
- Language
- English
- Course number
- JJUB55180U
- ECTS
- 15 ECTS
- Programme level
- Bachelor
Bachelor choice
- Duration
-
1 semester
- Placement
- Autumn
- Price
-
- Students enrolled at Faculty of Law: No tuition fee
- Professionals: Please visit our website
- Schedulegroup
-
Please see timetable for teaching time
- Studyboard
- Law
Contracting department
- Law
Contracting faculty
- Faculty of Law
Course Coordinator
- Helen Yu (8-6d6a716a73337e7a456f7a7733707a336970)
Are you BA- or KA-student?
Courseinformation of students