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NEW YORK, NY, November 26, 2003 — Designers, computer scientists, entrepreneurs, and legal scholars gathered in New York November 13-15 for the first conference to address the emerging law of videogames and virtual worlds.
Sponsored by the Institute for Information Law and Policy at New York Law School and the Information Society Project at Yale Law School, the "State of Play: Law, Games, and Virtual Worlds" focused on the legal issues raised by videogames, and in particular virtual world on-line societies, a multi-billion dollar industry and the frontier of computer technology and graphic design. Leading thinkers in their fields discussed free speech, intellectual property, and governance within the gamespace and the impact of what is rapidly becoming of the largest entertainment industries and most important new cultural phenomena on the law.
"It was a happening," said New York law School Professor Beth Noveck, Director of the Institute for Information Law and Policy. "Everyone had the sense that that something special had taken place. That something was technologists and lawyers getting together to explore the unfolding revolution of massively multiplayer games and virtual worlds and to understand the impact of these simulated societies from each other's perspective." These worlds, where players from around the world interact in real-time offer a "playground for complex social interactions," Noveck said.
As such, they represent an ideal space for learning more about the practices of law, culture and democracy. Jack M. Balkin, Knight Professor of Constitutional Law and First Amendment at Yale Law School and Director of its Information Society Project, said people who design games discovered at the conference that lawyers had been thinking about many of the same issues they confront in running a virtual world through the lens of contract, property, and free speech. At the same time, the lawyers discovered that political and legal systems are developing in these virtual worlds and increasingly becoming blurred with the real world.
Among the themes discussed at the conference were:
- Do game players and their characters have legal rights?
- When the events of the gamespace affect rights in the real world, should courts and legislatures step in to regulate? Can players sue each other for crimes committed in the virtual world?
- How can virtual worlds be both places for play and creativity and spaces for property and commerce?
- Should game players be entitled to sell virtual goods via E-Bay? What happens if those goods are stolen in the game? To what extent should property rights in virtual assets be recognized by the law?
- Can virtual worlds be used to test legal rules on-line prior to their adoption? What is the future use of games by the legal profession?
- What are the implications of training tomorrow's armies and tomorrow's terrorists with videogames and simulations?
- What do virtual worlds teach us about the future of creativity, play and fun?
The legal implications of virtual worlds came to the fore on the second day of the conference when Philip Rosedale, CEO of Linden Lab, creator of online world Second Life, announced that Linden would recognize the ownership of in-world content, including characters, clothing, objects and designs, by the subscribers who make it.
The State of Play conference provided an opportunity for those present to discuss the experience of inhabiting virtual worlds and videogames and to try first-hand such worlds as Second Life, There.com, Americas Army as well as experimental game projects, such as Myzel.org from Vienna, Austria and LEGISIM, a political simulation game from the University of Washington. The Conference also hosted a "Democracy Design Workshop," where game designers and senior officials from Washington exchanged ideas for better policymaking in the gamespace and by federal agencies.
Among the speakers who participated in the conference were:
- Richard Bartle, creator of the first-ever virtual world, MUD (Multi-User Dungeon)
- Yochai Benkler, intellectual property expert, professor, Yale Law School
- Edward Castronova, economist of virtual worlds, professor, California State University Raph Koster, designer, Chief Creative Officer, Sony Online Entertainment, creator, Star Wars Galaxies
- Michael Macedonia, Chief Technology Officer for the US Army Program Executive Office for Simulation, Training and Instrumentation
- Clay Shirky, professor, NYU Interactive Telecom Program
The conference is the subject of continuing discussion among attendees at the Terra Nova Weblog http://terranova.blogs.com. Post-conference "buzz," including photos, press accounts and summaries of panels are available at http://old.nyls.edu/games. The conference will be the topic of an upcoming issue of New York Law School Law Review, as well as a book entitled, The State of Play. Production of a DVD is in the works.
“Play Again? The State of Play 2.0: More Law, Games and Virtual Worlds” will be held in November 2004.
For more information, please visit http://old.nyls.edu/games. Press inquiries, please contact Jim Hellegaard, communications director, New York Law School, at 212.431.2191 or jhellegaard@nyls.edu
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