Keeping Free Speech, Privacy and Property Real in Virtual Worlds: a Reasonable Duty for the Owners/Creators ?

Abstract

I. Description of the ongoing research work 1. Virtual (or synthetic1) Worlds technology is here to stay. From the playful lands of wonders of the Massively-Multiplayer-Online-Role-Playing-Games (MMORPGs) to the aimless-but-filled-withuser- generated-content territories of SecondLife, a great number of virtual worlds serve as platforms for social interaction and distribution of content. Even the worlds that seem to be merely state-of-theart video games have not been impermeable to social and political discussions : during the run-up to the US presidential elections, there was political advertising in video games. In Synthetic Worlds, artists may begin their career in SecondLife before signing with a real life label. Italian IBM employees have found it more efficient to go on a virtual strike rather than picketing the companys building. Virtual property and commerce lead to real opulence. In sum, Virtual Worlds are part of the future of the Internet2. 2. In Synthetic Worlds, three fundamental rights are at stake. The conservation of activity logs, the protection of reputation and the identification of the typist (or real person) behind an avatar raise issues of privacy. The circulation of content raises issues of freedom of expression. And the making and selling of content by residents call property and intellectual property into the game. American and European law diverge largely on these questions, making more complex the regulation of crossborder activities. 3. Regulation, either by law or other means, calls for a clarification of what is real (or where is value according to some) in the virtual worlds. Such a task requires an interdisciplinary approach combining sociology, philosophy, economics and law. In short, there may be two levels of interaction in the virtual worlds. In-world interaction happens when players remain focused on the life within the virtual world for instance, when they make plans to attack a dragon together, exchange virtual goods or discuss the governance of their virtual universe with its creator/owner. Real world interaction happens when the software is used as a mere tool of communication between interlocutors who know each others identity and/or plan their discussions to have consequences in the real world for instance, when SecondLife is used to hold a business meeting or a university seminar. A somewhat parallel categorization may be drawn between games and serious activities3, although the line actually appears to be blurred. 4. In all cases, the owner of the virtual world is necessarily a key player of any regulatory scheme4. The legislator, the judge or the users will need to deal with the owner/creator when they wish to settle any conflict occurring within the synthetic reality. The scope of duties and liabilities of the owners/creators need to be determined in such a way as to allow the growth of their activity while guaranteeing an effective protection of the basic human rights of the users. This will be the practical outcome of the research.