Category Archives: Talks & Conferences

Summing Up ‘The Great Debate’ at State of Play III

The so-called ‘Great Debate’ at State of Play III asked two stellar teams to debate the following proposition:

A legal system based on geography, territory and physical force is inappropriate for Virtual Worlds

I had the uncomfortable task of summing and declaring a winner.

[This is the second of three posts on State of Play III conference. The first was my notes from the ‘The Great Debate’ at State of Play III, with an outline of what the panelists said. The third post will be about the conference more generally.]

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My notes from the ‘The Great Debate’ at State of Play III

As the “judge, jury, and executioner” for the ‘Great Debate’ at State of Play III, I was required to sum up the debate. This required me to take extensive notes during the discussions.

The panel was set up as a debate on the following proposition:

Resolved: A legal system based on geography, territory and physical force is inappropriate for Virtual Worlds

My notes as to what the other speakers said are below. Alternately, watch the ‘Great Debate’ from the online archive.

[This will be the first of three posts on State of Play III conference. The next will be what I said as a summation of the debate. The third will be about the conference more generally.]

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How Others See One

It’s always a bit of a shock to find out how others see one. Take, for example, this World of Warcraft avatar that Dan Hunter picked to represent me to the audience at State of Play:

avtar-MF.jpg

I will try to post a tidied text of my talk soon.

[Update:] It seems that I’m a Tauren, and maybe that’s not so bad:

The Tauren are huge, bestial creatures who live in the grassy, open barrens of central Kalimdor. They live to serve nature and maintain the balance between the wild things of the land and the restless spirit of the elements. Despite their enormous size and brute strength, the remarkably peaceful Tauren cultivate a quiet, tribal society. However, when roused by conflict, Tauren are implacable enemies who will use every ounce of their strength to smash their enemies under hoof. Under the leadership of their ancient chief, Cairne Bloodhoof, the Tauren allied themselves with the Orcs during the invasion of the Burning Legion. The two races have remained steadfast allies ever since. Like the Orcs, the Tauren struggle to retain their sense of tradition and noble identity.

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State of Play Virtual Jury

Later today – probably shortly after 12 noon – I’ll be part of a panel that will be debating the role of (terrestrial) law in virtual spaces. On side will be the enthusiasts who will argue that mundane law has little or no useful role to play in regulating behaviors in massively multiplayer online role-playing games. What rules are needed, I would argue in their shoes, will be provided by the game designers, the End User License Agreements (EULAs), and most importantly via emergent behavior as between the users. If I were on the other side I would say, when it’s just a game, we play by its rules, but as we get to things which involve exchange of valuable commodiities, even virtual ones, when we are talking tort, trademark violations, stalking, and so on, then the fact that you happened to use a fancy graphics card to help perpetrate it should make no difference.

Here’s the line-up:

Richard Bartle, Creator of MUD
Dan Hunter, Wharton School, University of Pennsylvania (Moderator)
David Johnson, New York Law School
David Post, New York Law School
Viktor Mayer-Schoenberger, Harvard University – School of Public Policy
Joel R. Reidenberg, Fordham University – Law
Tim Wu, Columbia – Law

My role, foisted upon me, is to sit like a potted plant for most of the debate and then sum up. The official title is “Judge, Jury and Executioner”. The problem, though, is that I have good friends on both sides of the panel. And executioner sounds sooo tacky. So for days I have been looking for a baby in hopes of being able to cut it. No luck.

The good news, however, is that I have found a very state-of-play kind of way to weasel out of the ugly part of this job: I’ve set up a virtual jury room, and the people in the audience with laptops (and those of you at home following along on the webcast can vote on who you think s winning (won) the debate

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Live At State of Play

Caroline is giving her talk at State of Play as I type this.

caro-sop.jpg
Photo credit: David Froomkin

It’s being webcast.

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State of Play III

Caroline and I will be speaking at the State of Play III conference that begins tomorrow, so we — and the boys too — are off to New York until Sunday. Caroline is talking about financial markets in virtual worlds. My role is more in the entertainment line, as I’ve been asked to play the role of judge in “The Great Debate” — a mock trial format concerning the role of terrestrial law in virtual worlds. (Since I have rather violent views on that subject, it’s at once flattering and frustrating to be trusted to do a neutral summing up and to rule on who made better arguments. Worse, I have good friends on both sides of the debate.)

State of Play I was one of the best conferences I’ve ever attended; I had to miss SoP II, so I’m looking forward to this very much. [I blogged an amusing incident from SoP I under the title How Not to Pick Up Women Online. One unanticipated consequence was an absolute horde of visitors to the site who had googled for that phrase minus the “not”.]

For State of Play I, Caroline and I wrote our first joint paper, Virtual Worlds, Real Rules (background and more background). In it we argued that Virtual Worlds would make excellent environments for subjecting various classes of proposed legal rules to near-real-world testing. It was intriguing therefore to hear on NPR this afternoon that sociologists and epidemiologists may run simulations of plague-induced behavior using games such as World of Warcraft (avian flu anyone?) — an idea that alas they do not seem to have gotten from our paper but rather from an actual virtual-life incident.

It will be the first conference in years that Caroline and I have tried to attend together, and just to make it more exciting we are taking the boys with us, also a first since when they were very very small. We have lined up a very small amount of child care, but mostly we’re going to be relying on our own, and the boys’, resources.

Trendy as all get out, State of Play III will be podcast as well as webcast.

Meanwhile, blogging may be sparse…

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