Authorization and Governance in Virtual Worlds

15 Pages Posted: 10 Apr 2012 Last revised: 19 Jul 2016

See all articles by Dan L. Burk

Dan L. Burk

University of California, Irvine School of Law

Date Written: 2010

Abstract

Although a variety of formal and informal mechanisms govern behavior in virtual worlds, the proprietors of such worlds increasingly have relied upon formal legal claims to sanction undesired user behavior. A range of such legal claims might be asserted in different factual situations: copyright infringement, or trespass to computers, or circumvention of technical protections. But each of these claims relies upon the authorization status of the targeted user. Authorization is largely an incident of the virtual world proprietor’s Terms of Service (ToS). Thus, the ToS is increasingly regarded as a license to access the proprietor’s servers; violation of the ToS annuls authorization to access the servers. The result is that any misbehavior by users, in violation of the ToS, can be recast as a violation of copyright, or trespass, or technical circumvention laws, even if the undesired behavior has little bearing on the variety legal claim asserted. This mutation of legal claims is troubling, not only from the standpoint of legal policy, but as a social policy to govern virtual worlds.

Suggested Citation

Burk, Dan L., Authorization and Governance in Virtual Worlds (2010). First Monday, Vol. 15, 2010; UC Irvine School of Law Research Paper No. 2012-33. Available at SSRN: https://ssrn.com/abstract=2037883

Dan L. Burk (Contact Author)

University of California, Irvine School of Law ( email )

4500 Berkeley Place
Irvine, CA 92697-1000
United States
949-824-9325 (Phone)

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