Document Type
Article
Abstract
Virtual worlds are becoming more successful. Worlds such as World of Warcraft, EVE Online, and Second Life boast hundreds of thousands to millions of subscribers all forming vibrant, online communities. Questions about the ownership status of the objects and characters in these worlds arise as they become more and more popular and as the lines between reality and virtual become increasingly blurred.
First, this Article examines whether traditional common law property rights can extend to virtual objects found in virtual worlds. Virtual objects are viewed through the lens of Pierson v. Post and the laws of property acquisition, followed by an overview of policy arguments behind extending property rights to virtual objects. The discussion concludes by arguing that the common law of property should not be extended to virtual objects.
Second, the effects of contract law on virtual objects and virtual worlds are examined. Contract laws are compared to property laws in an effort to understand confusions between obligation and ownership, and how these confusions effect the debate. Finally, contract law is suggested as a better paradigm for the allocation of resources in virtual worlds.
Recommended Citation
John William Nelson,
Fiber Optic Foxes: Virtual Objects and Virtual Worlds Through the Lens of Pierson v. Post and the Law of Capture,
14 J. Tech. L. & Pol'y
(2009).
Available at: https://scholarship.law.ufl.edu/jtlp/vol14/iss1/2