Abstract
The purpose of this note is to investigate some real-world disputes that may arise as a result of unlawful conduct in virtual worlds. The note will firstly expand the background of virtual worlds and then sketch some scenarios, which could potentially lead to liability in law. The main focus will be on actionability in criminal law and delict in South African law. Special attention will be given to the question whether personality rights of members of virtual worlds can be infringed by, for instance, the rape of their avatars. The question whether liability for economic loss caused unlawfully to members of virtual worlds by other members of such worlds will also be addressed.
Highlights
In April 2007 Belgian newspapers reported that the Brussels public prosecutor had asked of the Federal Computer Crime unit to go onto Second Life, one of many virtual worlds that exist in cyberspace, to investigate the “virtual rape” of a Belgian user of Second Life
A virtual world is defined as a computer-based simulated environment intended for its users to inhabit and interact via avatars
Second Life, avatars can interact with each other almost the way humans do in the real world (http://Secondlife.com)
Summary
In April 2007 Belgian newspapers reported that the Brussels public prosecutor had asked of the Federal Computer Crime unit to go onto Second Life, one of many virtual worlds that exist in cyberspace, to investigate the “virtual rape” of a Belgian user of Second Life (see amongst others De Morgen 13 August 2007). The total membership of virtual worlds was estimated at 569 million in the second quarter of 2009 (according to Keegan “Virtual Worlds are Getting a Second Life” 20 July 2009 The Guardian) In one such world, Second Life, avatars can interact with each other almost the way humans do in the real world (http://Secondlife.com (accessed 2009-11-20)). The effect is that almost any dispute that arises in Second Life can potentially be the subject of legal action in many places all over the world (for an exposition of the shortcomings of contracts as a tool to regulate virtual worlds, see Fairfield “Anti-social Contracts: The Contractual Governance of Virtual Worlds” 2008 53 McGill Law Journal 427; and Christ and Peele “Virtual Worlds: Personal Jurisdiction and Click-Wrap Licenses” 2008 1 Intellectual Property & Technology Law Journal 1 et seq). The question whether liability for economic loss caused unlawfully to members of virtual worlds by other members of such worlds will be addressed
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
