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	<title>Comments on: Virtually Blind&#8217;s Predictions for Virtual Law in 2008</title>
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	<link>http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/</link>
	<description>Legal Issues That Impact Virtual Worlds</description>
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		<title>By: Montana Corleone</title>
		<link>http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-14096</link>
		<dc:creator>Montana Corleone</dc:creator>
		<pubDate>Sat, 19 Jan 2008 15:11:50 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-14096</guid>
		<description>Keep up the good work, I love this blog!

Although not a lawyer myself, it was nice to see your top 5 fumbles, and this list, echo what I have postulated in the SL Exchange forums.

One are I&#039;d like to see comment on is the area of &quot;buying&quot; land in SL. There&#039;s a distibnction between mainland, &quot;owned&quot; by Linden Lab, and islands &quot;owned&quot; by the estate owner. These latter are effectively leases, and some are treated like that, just token payments for the land are required (due to technical limitations in the &quot;game&quot;) but many charge the full going rate for it (purchase rate, plus of course then paying monthly tier and profit on top), and then change the covenant at the slightest whim, and claim a breach, and reclaim the land without refund.

This smacks to me of mis-selling at the very least, deliberate fraud in many cases, and would seem to run counter to contract law which surely would be based on the covenant at signing time, with very little option to change that willy nilly (except to comply with law).

Anybody want to have a go at this, I&#039;m sure, chunky area? lol</description>
		<content:encoded><![CDATA[<p>Keep up the good work, I love this blog!</p>
<p>Although not a lawyer myself, it was nice to see your top 5 fumbles, and this list, echo what I have postulated in the SL Exchange forums.</p>
<p>One are I&#8217;d like to see comment on is the area of &#8220;buying&#8221; land in SL. There&#8217;s a distibnction between mainland, &#8220;owned&#8221; by Linden Lab, and islands &#8220;owned&#8221; by the estate owner. These latter are effectively leases, and some are treated like that, just token payments for the land are required (due to technical limitations in the &#8220;game&#8221;) but many charge the full going rate for it (purchase rate, plus of course then paying monthly tier and profit on top), and then change the covenant at the slightest whim, and claim a breach, and reclaim the land without refund.</p>
<p>This smacks to me of mis-selling at the very least, deliberate fraud in many cases, and would seem to run counter to contract law which surely would be based on the covenant at signing time, with very little option to change that willy nilly (except to comply with law).</p>
<p>Anybody want to have a go at this, I&#8217;m sure, chunky area? lol</p>
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		<title>By: UgoTrade &#187; Blog Archive &#187; Interoperability for Virtual Worlds in 2008?</title>
		<link>http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13539</link>
		<dc:creator>UgoTrade &#187; Blog Archive &#187; Interoperability for Virtual Worlds in 2008?</dc:creator>
		<pubDate>Mon, 07 Jan 2008 16:38:54 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13539</guid>
		<description>[...] more on this and how to order a free copy), also some interesting predictions on Second Thoughts, Virtually Blind, Caleb Booker, Not Possible IRL, and Second Tense (the last is a somewhat tongue in cheek look at [...]</description>
		<content:encoded><![CDATA[<p>[...] more on this and how to order a free copy), also some interesting predictions on Second Thoughts, Virtually Blind, Caleb Booker, Not Possible IRL, and Second Tense (the last is a somewhat tongue in cheek look at [...]</p>
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		<title>By: Blawg Review # 141 &#171; Charon QC&#8230;the blawg</title>
		<link>http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13474</link>
		<dc:creator>Blawg Review # 141 &#171; Charon QC&#8230;the blawg</dc:creator>
		<pubDate>Sat, 05 Jan 2008 22:13:45 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13474</guid>
		<description>[...] Benjamin Duranske of the Virtually Blind blog offers a number of predictions concerning the direction of law in virtual worlds like Second Life and World of Warcraft. [...]</description>
		<content:encoded><![CDATA[<p>[...] Benjamin Duranske of the Virtually Blind blog offers a number of predictions concerning the direction of law in virtual worlds like Second Life and World of Warcraft. [...]</p>
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		<title>By: Ashcroft Burnham</title>
		<link>http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13338</link>
		<dc:creator>Ashcroft Burnham</dc:creator>
		<pubDate>Wed, 02 Jan 2008 21:25:20 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13338</guid>
		<description>Generally plausible, although I&#039;m somewhat sceptical of no. 10. Not impossible, though. Happy new year!</description>
		<content:encoded><![CDATA[<p>Generally plausible, although I&#8217;m somewhat sceptical of no. 10. Not impossible, though. Happy new year!</p>
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		<title>By: Benjamin Duranske</title>
		<link>http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13331</link>
		<dc:creator>Benjamin Duranske</dc:creator>
		<pubDate>Wed, 02 Jan 2008 19:08:16 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13331</guid>
		<description>Thanks for the link, Mitch.  I hadn&#039;t seen that one yet.  I&#039;ll have to read it, as I remember giving Talbot an interview for it a month or so ago.  MIT&#039;s Technology Review has been covering the Ginko mess fairly comprehensively; I think this is their second major piece on it.  I think the total actual lost out of pocket was more like $200,000 -- most of the rest of the figure  was interest that the people behind Ginko had added to people&#039;s accounts but never had the ability to pay in the first place -- but $200,000 is still a lot of money.</description>
		<content:encoded><![CDATA[<p>Thanks for the link, Mitch.  I hadn&#8217;t seen that one yet.  I&#8217;ll have to read it, as I remember giving Talbot an interview for it a month or so ago.  MIT&#8217;s Technology Review has been covering the Ginko mess fairly comprehensively; I think this is their second major piece on it.  I think the total actual lost out of pocket was more like $200,000 &#8212; most of the rest of the figure  was interest that the people behind Ginko had added to people&#8217;s accounts but never had the ability to pay in the first place &#8212; but $200,000 is still a lot of money.</p>
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		<title>By: Mitch</title>
		<link>http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13330</link>
		<dc:creator>Mitch</dc:creator>
		<pubDate>Wed, 02 Jan 2008 18:48:26 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13330</guid>
		<description>Hey Ben Happy New Years to you.  By the way did you catch the story about Second Life&#039;s missing $700k in a ponzi scam?  It was on Slashdot today, and I remember you guys writing stuff about Second Life alot. 

&lt;a href=&quot;http://games.slashdot.org/article.pl?sid=08/01/02/1545238&quot; rel=&quot;nofollow&quot;&gt;Slashdot Article&lt;/a&gt;

&lt;a href=&quot;http://www.technologyreview.com/Infotech/19844/&quot; rel=&quot;nofollow&quot;&gt;Tech Review Article&lt;/a&gt; that Slashdot links to.</description>
		<content:encoded><![CDATA[<p>Hey Ben Happy New Years to you.  By the way did you catch the story about Second Life&#8217;s missing $700k in a ponzi scam?  It was on Slashdot today, and I remember you guys writing stuff about Second Life alot. </p>
<p><a href="http://games.slashdot.org/article.pl?sid=08/01/02/1545238" rel="nofollow" onclick="javascript:urchinTracker ('/outbound/comment/games.slashdot.org');">Slashdot Article</a></p>
<p><a href="http://www.technologyreview.com/Infotech/19844/" rel="nofollow" onclick="javascript:urchinTracker ('/outbound/comment/www.technologyreview.com');">Tech Review Article</a> that Slashdot links to.</p>
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		<title>By: jasmine</title>
		<link>http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13282</link>
		<dc:creator>jasmine</dc:creator>
		<pubDate>Wed, 02 Jan 2008 00:30:04 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13282</guid>
		<description>I&#039;m not sure when they will get to do a written notice but for Australian tax residents who are also virtual world residents once they pass the classic hobby - &#039;carrying on a business&#039; test on the carrying on a business test side, then they will have taxable income in Australia.   

I don&#039;t think the ATO would issue on this particular issue but it is a possibility.

I think Julynn is spot on the derivation of income point would make for an interesting ruling and maybe other tax authorities will get there this year.   I have thought of the currency conversion point too, but Julynn how would that work with expenses, and therefore deductions?

Happy new year all.</description>
		<content:encoded><![CDATA[<p>I&#8217;m not sure when they will get to do a written notice but for Australian tax residents who are also virtual world residents once they pass the classic hobby &#8211; &#8216;carrying on a business&#8217; test on the carrying on a business test side, then they will have taxable income in Australia.   </p>
<p>I don&#8217;t think the ATO would issue on this particular issue but it is a possibility.</p>
<p>I think Julynn is spot on the derivation of income point would make for an interesting ruling and maybe other tax authorities will get there this year.   I have thought of the currency conversion point too, but Julynn how would that work with expenses, and therefore deductions?</p>
<p>Happy new year all.</p>
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		<title>By: Artificial Boy &#187; Blog Archive &#187; 2008 predictions</title>
		<link>http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13280</link>
		<dc:creator>Artificial Boy &#187; Blog Archive &#187; 2008 predictions</dc:creator>
		<pubDate>Wed, 02 Jan 2008 00:17:48 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13280</guid>
		<description>[...] pm Adz child avatars, economy, forecast, last names, software development  Everyone else is doing it. And, NWN has set a deadline of midnight tonight for our official predictions for SL 2008. [...]</description>
		<content:encoded><![CDATA[<p>[...] pm Adz child avatars, economy, forecast, last names, software development  Everyone else is doing it. And, NWN has set a deadline of midnight tonight for our official predictions for SL 2008. [...]</p>
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		<title>By: Rheta Shan</title>
		<link>http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13277</link>
		<dc:creator>Rheta Shan</dc:creator>
		<pubDate>Tue, 01 Jan 2008 23:59:01 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13277</guid>
		<description>Dear Benjamin, 

I agree with most of your predictions, mainly because it seems to me (a person with no legal background, US or otherwise) that only predictions 3. and 10. are remotely daring ; everything else has been budding in 2007. At worst, you&#039;ll be off by a year on those. Which does not make the round-up less shrewd :). Have a good year !</description>
		<content:encoded><![CDATA[<p>Dear Benjamin, </p>
<p>I agree with most of your predictions, mainly because it seems to me (a person with no legal background, US or otherwise) that only predictions 3. and 10. are remotely daring ; everything else has been budding in 2007. At worst, you&#8217;ll be off by a year on those. Which does not make the round-up less shrewd :). Have a good year !</p>
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		<title>By: Julynn Lilliehook</title>
		<link>http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13269</link>
		<dc:creator>Julynn Lilliehook</dc:creator>
		<pubDate>Tue, 01 Jan 2008 21:47:05 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/01/01/2008-virtual-law-predictions/#comment-13269</guid>
		<description>Why are predictions always negative? How about a predicting another year free of real life law within virtual worlds?

Here&#039;s my 2008 prediction  having just woken up from my annual New Year&#039;s Day nap:

Evidence depicting avatars together, in either still photos, machinema, recorded chats, and/or voice chats will be offered by the state against a criminal defendant in a state murder trial. 

As for your  predictions:

No. 2: I doubt that is possible to enforce, so I will disagree with that prediction.

No. 5 is possible and likely if lawyers try to find clients in-world with real world legal issues.

No. 8 I disagree, however, I think the money is already taxable once you convert it from Lindens to real world currency. Still, I think you could also offest that by your business expenses.

No. 9...most certainly, but the suit won&#039;t be worth the money it costs to litigate it.


Have a great year Ben and keep up the great work!</description>
		<content:encoded><![CDATA[<p>Why are predictions always negative? How about a predicting another year free of real life law within virtual worlds?</p>
<p>Here&#8217;s my 2008 prediction  having just woken up from my annual New Year&#8217;s Day nap:</p>
<p>Evidence depicting avatars together, in either still photos, machinema, recorded chats, and/or voice chats will be offered by the state against a criminal defendant in a state murder trial. </p>
<p>As for your  predictions:</p>
<p>No. 2: I doubt that is possible to enforce, so I will disagree with that prediction.</p>
<p>No. 5 is possible and likely if lawyers try to find clients in-world with real world legal issues.</p>
<p>No. 8 I disagree, however, I think the money is already taxable once you convert it from Lindens to real world currency. Still, I think you could also offest that by your business expenses.</p>
<p>No. 9&#8230;most certainly, but the suit won&#8217;t be worth the money it costs to litigate it.</p>
<p>Have a great year Ben and keep up the great work!</p>
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