Virtual Property, Real Concerns

The status of digital property protection, especially in virtual worlds, is uncertain to say the least. These are the issues that I will review in this note. In section II, I will discuss the foundations of virtual worlds and their growth from pre-computer roots to present day sprawling universes. This background will provide a foundation for novices in the virtual world realm and an anchor for the important role that these games play in the lives of not only young Americans, but people of all ages and nationalities around the world. Part III will discuss the critical characteristics of virtual property. The conjunction between virtual property and physical property-such as exclusivity, persistence, transferability and transformative properties-create the value in virtual property that makes protection of the property important. With virtual property characteristics described, I will discuss various examples of just how critical this virtual property has become, not only to the lives of individuals, but to society in general, and what protections are currently in place, such as licensing agreements. This will set the stage for the remainder of the note. Part IV will describe several common theories on virtual property rights, including the Lockean Labor Theory, Personality Theory, Utilitarianism, and the idea of treating virtual property as intangible real property. The merits and shortcomings of these various theories will be discussed. Part V will discuss current implementations of virtual property protection, including physical protection through code and some actual and current legal frameworks-both within the United States and abroad-that are currently available to gainers and virtual world developers. Finally, Part VI will discuss some practical considerations of any system that intends to extend protection to virtual property and the inherent dangers of applying virtual property protection with a broad brush. I propose a new solution to protecting user rights in property through a hybrid of natural protection. The protection is layered and built on the extension of an existing framework that is made up of the same software code that already controls virtual worlds. The software creates a high-level boundary of allowable behavior. In areas where software cannot properly protect, such as in areas of fraud or theft, the current legal-property regime takes over-much as it does with tangible property. Courts can apply standard property law while overlaying the virtual world rules and the social norms within virtual world. In this way, property can be protected even in virtual worlds where certain kinds of theft are part of the game play

The Five Indicia of Virtual Property

[Excerpt] “Many Americans use “it” every day. Although it is intangible, it may be worth thousands of dollars. Because we can both control it and prevent other people from controlling it, we assume, without much thought, that we own it. Sometimes we pay someone a monthly fee to hold it for us. Sometimes, simply by using it, we increase its value. When we finish using it, we often sell it. “It” is virtual property, and it may take the form of an email address, a website, a bidding agent, a video game character, or any number of other intangible, digital commodities. If it were to be damaged or stolen, the immediate questions would be: (1) how should a court identify it; and (2) what degree of legal protection should it receive? Because no court or legislature in the United States yet has recognized virtual property interests, a combination of contract and custom currently controls the relationship between Internet users and service providers. […] The question therefore becomes, how should courts identify protectable virtual property interests? Partially due to the dramatic success of Massively Multiplayer Online Games (MMOGs)9 and the rise of secondary markets for virtual characters and treasures from those games, a recent frenzy of legal scholarship has struggled to resolve this question. This note supports the legal recognition of virtual property interests, as already convincingly justified by the legal analogy to traditional property interests set forth by Professor Joshua Fairfield, buttressed by the practical reality that virtual property has significant economic value. Building on these rationales, this note proposes five indicia, common to most forms of virtual property, which a court should use to identify legally protectable virtual property interests on the Internet. These indicia are: (1) rivalry; (2) persistence; (3) interconnectivity; (4) secondary markets; and (5) value-added-by-users. This note cautions, however, against applying this newfound definition indiscriminately against the interests of the very entities without whom the property would not exist: the businesses hosting the remotely accessed computer resources (i.e., the service providers). […] Part III of this note applies the five indicia to the well-established framework of traditional property to illustrate this balancing process. Throughout the development of the law in this area, courts must retain the freedom and flexibility to craft appropriate equitable remedies on a case-by-case basis, and special attention should be directed to the practical issues commonly faced by Internet service providers. The ultimate purpose of virtual property jurisprudence should be to strike a balance that provides legal redress to users whose legitimate virtual property interests have been violated while simultaneously reducing liability and disincentives to service providers who promote and sustain the growth of the Internet.

Exploring Oculus Rift: A Historical Analysis of the ‘Virtual Reality’ Paradigm

This paper will first provide background information about Virtual Reality in order to better analyze its development throughout history and into the future. Next, this essay begins an in-depth historical analysis of how virtual reality has developed prior to 1970, a pivotal year in Virtual Reality history, followed by an exploration of how this development paradigm shifted between the 1970\u27s and the turn of the century. The historical analysis of virtual reality is concluded by covering the modern period from 2000-present. Finally, this paper examines the layout of the virtual reality field in respect to he history and innovations presented

What am I? Virtual Machines and the Mind/Body Problem

When your word processor or email program is running on your computer, this creates a "virtual machine” that manipulates windows, files, text, etc. What is this virtual machine, and what are the virtual objects it manipulates? Many standard arguments in the philosophy of mind have exact analogues for virtual machines and virtual objects, but we do not want to draw the wild metaphysical conclusions that have sometimes tempted philosophers in the philosophy of mind. A computer file is not made of epiphenomenal ectoplasm. I argue instead that virtual objects are "supervenient objects". The stereotypical example of supervenient objects is the statue and the lump of clay. To this end I propose a theory of supervenient objects. Then I turn to persons and mental states. I argue that my mental states are virtual states of a cognitive virtual machine implemented on my body, and a person is a supervenient object supervening on his cognitive virtual machine

Paving the way to e-services: Innovation through online games

The transformative power of organizational and service innovations on value or supply chains has been the object of several studies. The question identified in this paper is how disruptive trends in the videogames world can have spill-over effects in the broader realm of e-services. Section 1 opens with a brief review of literature. Section 2 proposes a description of the on-line games industrial ecosystem, the characteristics of the production process and the value chain in the online video games industry. The main techno-economic models for the production and distribution of online games are described in a third section with an emphasis on service creation, and illustrated by some case studies. The last part highlights the trend of innovative paths towards an economy of e-Services which are driven by the evolution of online games in a converged environment. --Online value creation,virtual world,virtual good,value chain,digital content convergence,new business models,services

Innovating Pedagogy 2015: Open University Innovation Report 4

This series of reports explores new forms of teaching, learning and assessment for an interactive world, to guide teachers and policy makers in productive innovation. This fourth report proposes ten innovations that are already in currency but have not yet had a profound influence on education. To produce it, a group of academics at the Institute of Educational Technology in The Open University collaborated with researchers from the Center for Technology in Learning at SRI International. We proposed a long list of new educational terms, theories, and practices. We then pared these down to ten that have the potential to provoke major shifts in educational practice, particularly in post-school education. Lastly, we drew on published and unpublished writings to compile the ten sketches of new pedagogies that might transform education. These are summarised below in an approximate order of immediacy and timescale to widespread implementation