Regulation of virtual worlds has been a very controversial subject in later years. With the increasing importance of virtual worlds in everyday life it is becoming much harder to separate our real-life from our virtual lives. When there is so much time, money, effort, and commercialism involved in virtual worlds today, the need for regulation and protection of our rights is in much higher demand. Much effort has been put into the regulation of these virtual worlds and particularly many virtual worlds that started in the United States. Many EULA’s nowadays deal with the fact that disputes may arise from users in the games, and have specific instructions on how to deal with a dispute. Typically disputes are handled in the state of which the game originated. But do all these dispute policies work merely for Americans? What happens if a dispute must be handled with a game from a foreign country? Or the laws of a foreign country apply to disputes arising from a foreign game?
Many games originate in the United States and in the United States there are currently laws to help regulate what goes on in these games and in virtual worlds. As many games start becoming a part of our everyday lives the need for regulation in them becomes increasingly important. Jack Balkin says, “ In the future, virtual worlds platforms will be adopted for commerce, for education, for professional, military, and vocational training, for medical consultation and psychotherapy, and even for social and economic experimentation to test how social norms develop” (2044) This is a very true statement that corporations like IBM have already proved, for example in the game Second Life, where they conduct business meetings already. If disputes arise with IBM in the virtual world, they can be handled through a United States courtroom. What if a dispute happens in a virtual world from another country for example Minecraft of Sweden? In their EULA the authors keep it simple having only one rule and mentioning that your personal information is covered by the Personuppgiftslagen of Sweden. If you do not speak Swedish it is hard to know exactly what the outlines of this law mean to you. Therefore you just click yes, you agree, and do not think twice about it. One reason Minecraft’s EULA is so simple is the fact that the game itself is very simple and allows the users to have a lot of freedom. But also deputes regarding games in Sweden rarely occur, it is not common in Sweden that people enter into a lawsuit to take care of conflicts and as for personal information in Sweden people are very open about theirs, for example your social security number consists mostly of your birth date.
Balkin describes that many of the issues with virtual worlds today involve your First Amendment rights and are handled under the laws of the United States First Amendment. Now, not all cases involve your First Amendment rights, Balkin states that, “important aspects of the freedom to design and the freedom to play are concerned with freedom from state regulation of game spaces” (2052) This means that each dispute in a game that cannot be taken to court against your First Amendment rights or other federal rights, have to be settled within your statutory laws on game regulation. Given proof that it is already problematic to deal with disputes within the United States, one can only imagine how hard it would be to start handling a dispute in or with a foreign country. If we take Minecraft for example, the first step is to try and resolve the issue with the creators/administrators of the game (which in most cases works but takes time). If not satisfied with that the next action would be to contact the Swedish law authorities or your local American embassy to see what rights you have in the country you are seeking to take legal action in. These first two steps alone are very time consuming and difficult, especially if you do not want to use a lawyer whom you must pay thousands-plus dollars to. Obviously this all sounds very discouraging and in most cases people just cut their losses.
It is not always futile to handle disputes with international game creators/administrators though. As an American citizen your intellectual property within a game can be protected by the United States law and even abroad. In most games from foreign countries the EULA’s do not prevent you from seeking protection for your intellectual property within the game, therefore you are free to do so within the confinements of the United States law. These are points on how you can protect your intellectual property within a game/virtual world that applies both in the U.S. and abroad (unless otherwise prevented by the EULA of the game):
· In the U.S., patents may be available to any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." Patent protection must be sought by application with the U.S. Patent and Trademark Office (USPTO).
· Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. Registration with the USPTO is not required, but does provide certain advantages.
· Copyrights protect original works of authorship, including literary, dramatic, musical, artistic and certain other works, both published and unpublished. In the United States, the U.S. Copyright Office handles copyright registration that, although not required for protection, does confer advantages.
Obviously the downside of this entire thing still is that it takes a lot of time, effort, and money to pursue action. One other thing to also take into account is that the laws of a foreign country may not always be as forgiving as the laws of the United States, when it comes to taking legal action in those countries. An example of this would be a U.S. Marine who was convicted of spying for the CIA. The marine was sentenced to death in Iranian courts for using video games to manipulate public opinion about U.S. military in Iran, Iraq, and around the world. Great advice to attain from that is to use caution when handling disputes abroad.
As virtual worlds continue to grow and affect real-life, real-life will also affect these virtual worlds. The freedom virtual worlds have provided us with through time might start to diminish as they slowly turn into more of a reality. It is inevitable that games and virtual worlds will be regulated more strictly in the future by laws all around the world. As there are global organizations that regulate interactions between different countries within commerce, currency, and crime there may soon be an organization to regulate virtual international interactions. Balkin puts it perfectly when he says, “Precisely because virtual worlds are fast becoming important parts of people’s lives, and because they are likely to be used for more and more purposes in the future, legal regulation of virtual worlds is inevitable” (2045). This quote puts it best and as “real-world commodification” continues to increase, intellectual property continues to become more real for every individual, as will the consequences of our actions in virtual worlds. For every action there is always an equal and opposite reaction.
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