Tuesday, 14 April 2009

SSRN-Anti-Social Contracts: The Contractual Governance of Virtual Worlds by Joshua Fairfield

This article seeks to demonstrate that contracts cannot, by their very nature, provide for all the legal needs of online communities. Public law needs to be developed to allow these communities to thrive. The author argues that common law, rather than legislation, can be most effective in this task. Courts can draw on existing and familiar areas of common law to provide the private-property, dignitary, and personal protections these communities need according to the specific behavioural norms their creators and users have fostered. The common law method, being iterative, incremental, and experimental, is well suited to modifying these areas where needed. It allows for the more immediate resolution of problems while also being sufficiently flexible to permit rules to be expanded or contained as required.
SSRN-Anti-Social Contracts: The Contractual Governance of Virtual Worlds by Joshua Fairfield
Blogged with the Flock Browser
Post a Comment

Official Linden Blog