Thursday, October 9, 2008

Digital constitutionalism

The main problem with the governance of virtual communities is that our legal system operates in such a way as to vest overwhelming power in the hands of those who create and maintain the platforms. These people, whom we call 'proprietors', for they own the code that defines the platform and servers upon which the code runs, exercise almost complete discretion as to who may access and who may continue to access 'their' community. The law, by giving primacy to these property rights, marginalises the interests of participants in these communities. Further, by casting any disputes or tensions which arise as belonging wholly in the 'private' sphere, we deligitimise any to the current allocation of entitlements.


from Nic Suzor's blog

Read more...

Disclaimer

The content of this website is not legal advice. It only constitutes commentary on legal issues, and is for educational and informational purposes only. Reading this website, replying to posts, or any other interaction on this website does not create an attorney-client privilege between you and the author. With any legal issue that may confront you in a particular situation, you should always consult a qualified attorney familiar with the laws in your State. Any hyperlinks which may appear on this website imply no association with or approval of this website's content, unless expressly noted.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

  © Blogger templates The Professional Template by Ourblogtemplates.com 2008

Back to TOP