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Balancing Individual Rights with Governmental Controls in Second Life (SL Reports) 

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Written by Xavier Mohr   
Monday, 24 September 2007

By Brac Collins

A Submission to SLReports.net

Brac Collins, SL Reports, Xavier Mohr, Arbitrage Wise, SL Capital Exchange, metaverse, metanomics, virtual world, second lifeThe vast majority of avatars stem from some form of a democratic based RL society. Josh Fairfiled, Professor of Law at Indiana University, as well as recent court cases, have brought attention to the lack of individual rights, beyond the Linden Labs Terms of Service Agreement(TOS).That contract, being bi-lateral, only applies to the end user and the Linden Labs. There is no legally binding contract between users. You legally have no rights other than what is expressed within the TOS agreement.

Second Life is divided by interest, culture, sub-culture, and the virtual world is as diverse and varying in opinion as the avatars that created it. The left wing "Immersionists"  believe that SL is a free world of anonymity and fantasy- to be whoever or whatever you may choose. While a more conservative right wing group the "Augmentationists" believe that is has far more practical potential as an extension of real life. As Economist Adam Smith theorized, the "Invisible Hand" emerges to motivate and guide society, through self interest, to serve the interest of that society as a whole.

A basic principle of economics is that we each engage in transactions, for some utility - enjoyment, relaxation, value, satisfaction, ownership, or profit. We give up one thing, in order to have another that we consider of equal or more important value. Its the basis of any market system. As second life emerges as a market based society, social issues are arising from the lack of government, policing, and the fact that Linden Labs controls everything and individual avatar rights, are essentially non-existent. Yet, with the emergence of a governed system, the "Immersionnists" fear that this will decrease the enjoyment of what they view as a world for enjoyment. Many believe we can continue to be a self-governed society, but the Metanomics philosophy is that the lack of government, controls, true individual and property rights, is hindering economic growth and creating complex issues that cannot be resolved by that society without some form of societal law in place.

The Metanomics philosophy has created something of a sub-culture in itself. The founders of Metaverse Republic, http://www.metaverserepublic.org , have written a consitution that they propose as the model for governing each SIM society. Though membership is voluntary, joining allows members to vote on issues that have an impact on their society. Through its non-profit structure, Metaverse Republic can provide mostly free tools, to help police issues and maintain order. While other tools still in development, might require a maintenance fee, their goal is to empower the SIM owner to be able to police their properties, and provide a democratic method of resolving disputes and social issues- as though RL history has been indicative of such successes.

There are complex legal, moral and social issues within a virtual world that is dominated and controlled by Linden Labs. However, in union with all, we each seek individualism, expression, and the freedom that we do not presently have through the Linden Labs TOS agreement. A happy medium balancing indvidual rights and freedoms with governmental controls is an ever increasing complex issue that shadows an even more complex RL issue- mere shadows of freedom.

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Strange Ranger - Balancing: I'm a Libra, but my   | 2007-09-25 03:29:53
In my opinion, having a serious political and judicial system and a constitution in Second Life would have about the same value as building a gas station that would pump "real fake" fuel in Second Life.

Enforcement of any civil laws that you define or contracts relating to employment or services would not be possible in this type of platform.

It looks like part of the plan is to require that landowners flag their land as "adult", restricting access to only verified accounts, even if there is no reason for the land to be restricted. Many people will not agree to making that change for the "privilege" of having yet another layer of Terms and Services piled on top of them.

I would like Brac to give me an example where "the lack of government, controls, true individual and property rights, is hindering economic growth and creating complex issues that cannot be resolved by that society without some form of societal law in place."

I know of one thing that may be hindering any kind of growth in Second Life, but that already comes from the company that rules the world and has rules of their own in place.

Just for the record, I'm not anti-LL, but to try and set up another government on top of a TOS that is already becoming more and more restrictive seems like a waste of time.

Until there is a way to enforce any type of constitution, law, or contract invented by a group inside of a virtual world, there is no reason for having it.
Sir Williams   | 2007-09-25 22:39:30
The only rights you have are the ones you can enforce. In SL you only have rights on the land you own, because you can enforce them their. If you don't own any land, you don't really have any rights, only the ones property owners grant you.

IMHO, Linden should only play God, i.e. making sure the world is online.
Many of the functions Linden currently controls could be handed over to the private sector in SL. Look at the land for sale problems that people are complaining about, or anti-push and such. It would be better if Linden provided the tools for people to enforce these things, rather than trying to do it themselves. I agree with the above poster that there is no reason for constitutions, laws, or contracts, because there is no way to enforce them. If someone violates a contract, you can't necessarily repossess anything from them.
robo marx - Its a game a game a game a gam     | 2007-09-26 08:04:32
Its a game sing along people.. Would they install a goverment in a chatroom. Yeah u can make some money and build stuff. Still a game. You wanna a contract draw one up for real so it is binding, by pass the virtual signatures. That alone will stop the crooks in their tracks. They dont want true indentities known. You wanna solve problems go join a real organization with real problems. If someone insults you here brush it off. Hey Brac tell them about the new and exciting adboards you plan on putting all over. Or should I say environmentally friendly. They will hate you as much as they hate me. LOL

Robo Marx
www. bluestoneinvestmentg
roup.info
IntLibber Brautigan - CEO: Brautigan & Tuck Holdings     | 2007-09-26 14:08:33
The Covenant of any sim or estate is the basic law of that jurisdiction. LL mainland has no covenant, so residents there obviously have no rights, but are also bound by no authority other than the ToS.

In the estates, covenants are typically used for land use rules and thats about it. However, in our estates (Surreal BT and the continent of Ancapistan) we recognise the Common Economic Protocols (a derivation of English Common Law) as a basic law for all residents, which recognises individual rights, property rights, etc.
robo marx - Very true IntLibber     | 2007-09-26 14:23:47
I push that those who want some privacy and set of standards go to an estate to build a home or retreat. The mainland is what the TOS lets it be. Estates have the right to regulate how they are ran.. Dont follow the rules, you get thrown out. Maybe ythe big estate owners should thank me.
IntLibber Brautigan - CEO: Brautigan & Tuck Holdings     | 2007-09-26 21:07:57
The Covenant of any sim or estate is the basic law of that jurisdiction. LL mainland has no covenant, so residents there obviously have no rights, but are also bound by no authority other than the ToS.

In the estates, covenants are typically used for land use rules and thats about it. However, in our estates (Surreal BT and the continent of Ancapistan) we recognise the Common Economic Protocols (a derivation of English Common Law) as a basic law for all residents, which recognises individual rights, property rights, etc.
IntLibber Brautigan - CEO: Brautigan & Tuck Holdings     | 2007-10-19 06:42:12
Quite so. An estate is, for all intents and purposes, a state unto itself. The estate owner is a feudal sovereign or governor, with eminent domain power. Some use it judiciously, some do not. It behooves those seeking individual liberties to evaluate the estate owners, not just the land prices or teir, being offered...

That said, some people think its their right to lag up or otherwise grief their neighbors. Lag is pollution, plain and simple. A sim can only handle so much of it, so it must be rationed by the square meter of land ownership. We limit script lag to no more than 1 ms per square meter and are considering tightening those restrictions further. This was once difficult to regulate due to the prevalence of casinos, however it is now primarily strip club devices that are the big laggers, in addition to camping systems of any kind.

A laggy land owner is no different than someone moving into a nice neighborhood and building a pig farm or rendering plant, and thus constitute a negative externality upon their neighbors (i.e. causing damage to their neighbors via emissions that reduce land value). Negative externalities of any type constitute a taking. Thus the lagging land owner is taking the land value of their neighbors as suredly as an estate owner that repos someones land unjustly. Therefore, reposession of lagging land is justifiable under a libertarian legal plenum.
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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.

Last Updated ( Monday, 24 September 2007 )
 
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