Fiber Optic Foxes: Virtual Objects and Virtual Worlds Through the Lens of Pierson v. Post and the Law of Capture

Journal of Technology Law & Policy, Vol.14, 2009

24 Pages Posted: 8 Sep 2009 Last revised: 14 Sep 2010

See all articles by John William Nelson

John William Nelson

Samford University - Cumberland School of Law; University of East Anglia (UEA) - Norwich Law School

Date Written: July 1, 2009

Abstract

Virtual worlds are more successfully blurring the lines between real and virtual. This tempts many to try and equate virtual property with tangible property. Such an equation creates problems when the common law of property is applied to virtual objects over which users can not possess complete dominion and control. The result is a conversion of the tangible resources that support virtual worlds into a virtual commons. Accordingly, the common law of contracts, rather than that of property, should be used to govern transactions between a user and owner of a virtual world. (Displayed with permission from the Journal of Technology Law & Policy © 2009. All rights reserved.)

Keywords: computers, information technology, law and economics, economics, law, property, contract, ownership

Suggested Citation

Nelson, John William, Fiber Optic Foxes: Virtual Objects and Virtual Worlds Through the Lens of Pierson v. Post and the Law of Capture (July 1, 2009). Journal of Technology Law & Policy, Vol.14, 2009, Available at SSRN: https://ssrn.com/abstract=1469532

John William Nelson (Contact Author)

Samford University - Cumberland School of Law ( email )

800 Lakeshore Dr.
Birmingham, AL 35229
United States
(404) 939-4705 (Phone)

University of East Anglia (UEA) - Norwich Law School ( email )

Norwich NR4 7TJ, Norfolk
United Kingdom

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