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description Journal article public Journal of International Commercial Law and Technology

Getting to Conscionable: Negotiating Virtual Worlds’ End User License Agreements Without Getting Externally Regulated

Brendan James Gilbert
Published 2009

Abstract

Currently, virtual world governance is the product of end user license agreements (EULAs), contracts which attempt to provide a complete legal and enforcement system to the virtual world. This method of governance is flawed, however, and results in participant frustration. Alternative approaches that have been advanced so far include governmental regulation, which has begun in some countries. However, numerous pressures and precedent resist such an application in the United States. The following argues against keeping just the license agreements as the body of law, and also against a shift to governmental regulation. Instead, a compromise—establishing a standards-setting body of developers, referred to here as a virtual world council—is an efficient solution. This is a daunting task; however, numerous examples exist for the developers of virtual worlds to follow and they are explained below. The proposed result is a two-tier system that retains EULAs, and supports a common law approach rooted in standardization for resolving what EULAs cannot.’

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  • visibility 212 views
  • get_app 72 downloads