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Federal Court Cancels Arbitration Clause in 'Virtual World' Test Case
The facts of Bragg are straightforward. Plaintiff, Marc Bragg, an attorney based in West Chester, PA, is a 'virtual world' hobbyist whose game of choice was Second Life, created by the defendants, Linden Research, Inc. and its founder, Philip Rosedale.
For the uninitiated, Second Life is a massively multiplayer role-playing game set in a virtual world where participants create avatars to represent themselves. Second Life is populated by hundreds of thousands of avatars, whose interactions with one another are limited only by the human imagination. Many people are now living large portions of their lives, forming friendships with others, building and acquiring virtual property, forming contracts, substantial business relationships and forming social organizations in virtual worlds such as Second Life. (For more implications of virtual worlds, see, 'Asset Creation, Seclusion and Money Laundering in the Virtual World' in the July 2006 issue (www.lawjournalnewsletters.com/issues/ljn_internetlaw/4_7/news/146922-1.html), and 'Virtual Worlds and Digital Rights' in the Sept. 2005 issue (www.lawjournalnewsletters.com/issues/ljn_internetlaw/3_9/news/145106-1.html) of Internet Law & Strategy.)
Second Life is significant in the pantheon of virtual gaming because it was the first to recognize participants' full intellectual property protection for the digital content they created or otherwise owned in the virtual world. As a result, Second Life avatars can purchase, own, and sell virtual goods and, more important, virtual land. According to the factual record developed by District Judge Eduardo Robreno, Defendant Linden's founder, Rosedale, took great pains to promote the benefits of virtual property ownership on a national scale, appearing in countless magazine articles and on the Web.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.