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	<title>Comments on: Revisiting David Post and David Johnson&#8217;s 2006 Article on Virtual Worlds as Conceptual &#8220;Places&#8221;</title>
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	<link>https://virtuallyblind.com/2008/02/13/post-johnson-place/</link>
	<description>Legal Issues That Impact Virtual Worlds</description>
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		<title>By: Ashcroft Burnham</title>
		<link>https://virtuallyblind.com/2008/02/13/post-johnson-place/#comment-15236</link>
		<dc:creator>Ashcroft Burnham</dc:creator>
		<pubDate>Wed, 13 Feb 2008 23:23:57 +0000</pubDate>
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		<description>Ben,

the parallelism article answers that issue :-) As to the MR being sued, that presupposes that it will be treated in law as having legal personality: we have not yet finalised our arrangements, but it is quite possible that they will be such that the MR as a unit would not have legal personality, and one would instead have to bring suit against individual actors, if, improbably, there was ever a valid claim against the Republic.</description>
		<content:encoded><![CDATA[<p>Ben,</p>
<p>the parallelism article answers that issue :-) As to the MR being sued, that presupposes that it will be treated in law as having legal personality: we have not yet finalised our arrangements, but it is quite possible that they will be such that the MR as a unit would not have legal personality, and one would instead have to bring suit against individual actors, if, improbably, there was ever a valid claim against the Republic.</p>
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		<title>By: Benjamin Duranske</title>
		<link>https://virtuallyblind.com/2008/02/13/post-johnson-place/#comment-15235</link>
		<dc:creator>Benjamin Duranske</dc:creator>
		<pubDate>Wed, 13 Feb 2008 23:14:44 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/02/13/post-johnson-place/#comment-15235</guid>
		<description>I see what you&#039;re saying, Ashcroft.  I&#039;m sure I&#039;ve visited that link before, but I&#039;ll check it out again.  In the meantime, how do you picture the Republic&#039;s interaction with real life law?  At the extreme end, the Metaverse Republic could, itself, always be sued, right?  And if it was, it&#039;d hardly be a defense that &quot;Metaverse Republic&quot; law applied.  Which is why it seems like an ADR system to me, rather than a parallel legal system.</description>
		<content:encoded><![CDATA[<p>I see what you&#8217;re saying, Ashcroft.  I&#8217;m sure I&#8217;ve visited that link before, but I&#8217;ll check it out again.  In the meantime, how do you picture the Republic&#8217;s interaction with real life law?  At the extreme end, the Metaverse Republic could, itself, always be sued, right?  And if it was, it&#8217;d hardly be a defense that &#8220;Metaverse Republic&#8221; law applied.  Which is why it seems like an ADR system to me, rather than a parallel legal system.</p>
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		<title>By: Ashcroft Burnham</title>
		<link>https://virtuallyblind.com/2008/02/13/post-johnson-place/#comment-15233</link>
		<dc:creator>Ashcroft Burnham</dc:creator>
		<pubDate>Wed, 13 Feb 2008 22:52:18 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/02/13/post-johnson-place/#comment-15233</guid>
		<description>Ben,

there is an important conceptual distinction, which I highlight in the normative parallelism article to which I link above, between, on the one hand, alternative dispute resolution, and, on the other, a parallel legal system. An alternative dispute resolution system is simply a system for achieving compromises to claims that could have (and, invariably, would have) been brought in real-world courts but for the existence of that system. As such, ADR is entirely parasitic upon one specific, existing legal system.

A parallel normative system (such as that under development by the &lt;a href=&quot;http://www.metaverserepublic.org&quot; rel=&quot;nofollow&quot;&gt;Metaverse Republic&lt;/a&gt; is quite distinct: it is not about compromising claims that one might have in existing courts, but a legal system in its own right, with its own substantive (as well as procedural) law, and its own, independent means of enforcement. By contrast, the only way of enforcing rulings or agreements reached in ADR is by issuing proceedings in the ordinary national courts.

A parallel system is not a second-rate substitute for ADR, nor some sort of stopgap: it is a preferable solution to using existing legal systems to resolve many types of disputes in virtual worlds. 

To be clear, it is entirely possible to have ADR systems &lt;i&gt;within&lt;/i&gt; a parallel legal system: people may well set up arbitration and mediation schemes based on the law of the Metaverse Republic (indeed, we&#039;d encourage it), and use the Metaverse Republic&#039;s own enforcement mechanism to enforce the outcomes of those procedures.</description>
		<content:encoded><![CDATA[<p>Ben,</p>
<p>there is an important conceptual distinction, which I highlight in the normative parallelism article to which I link above, between, on the one hand, alternative dispute resolution, and, on the other, a parallel legal system. An alternative dispute resolution system is simply a system for achieving compromises to claims that could have (and, invariably, would have) been brought in real-world courts but for the existence of that system. As such, ADR is entirely parasitic upon one specific, existing legal system.</p>
<p>A parallel normative system (such as that under development by the <a href="http://www.metaverserepublic.org" rel="nofollow" onclick="javascript:urchinTracker ('/outbound/comment/www.metaverserepublic.org');">Metaverse Republic</a> is quite distinct: it is not about compromising claims that one might have in existing courts, but a legal system in its own right, with its own substantive (as well as procedural) law, and its own, independent means of enforcement. By contrast, the only way of enforcing rulings or agreements reached in ADR is by issuing proceedings in the ordinary national courts.</p>
<p>A parallel system is not a second-rate substitute for ADR, nor some sort of stopgap: it is a preferable solution to using existing legal systems to resolve many types of disputes in virtual worlds. </p>
<p>To be clear, it is entirely possible to have ADR systems <i>within</i> a parallel legal system: people may well set up arbitration and mediation schemes based on the law of the Metaverse Republic (indeed, we&#8217;d encourage it), and use the Metaverse Republic&#8217;s own enforcement mechanism to enforce the outcomes of those procedures.</p>
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		<title>By: Benjamin Duranske</title>
		<link>https://virtuallyblind.com/2008/02/13/post-johnson-place/#comment-15230</link>
		<dc:creator>Benjamin Duranske</dc:creator>
		<pubDate>Wed, 13 Feb 2008 22:05:07 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/02/13/post-johnson-place/#comment-15230</guid>
		<description>I think that&#039;s likely the outcome here.  What I picture in the long run is basically a first-option in-world alternative dispute resolution system.  That will make a lot more sense when we&#039;re using a world where at least the provider knows who most of the users actually are though.  Until then, voluntary associations and compliance groups (e.g. Metaverse Republic, the CDS, various other microgovernments, etc.) are making some strides.</description>
		<content:encoded><![CDATA[<p>I think that&#8217;s likely the outcome here.  What I picture in the long run is basically a first-option in-world alternative dispute resolution system.  That will make a lot more sense when we&#8217;re using a world where at least the provider knows who most of the users actually are though.  Until then, voluntary associations and compliance groups (e.g. Metaverse Republic, the CDS, various other microgovernments, etc.) are making some strides.</p>
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		<title>By: Ashcroft Burnham</title>
		<link>https://virtuallyblind.com/2008/02/13/post-johnson-place/#comment-15229</link>
		<dc:creator>Ashcroft Burnham</dc:creator>
		<pubDate>Wed, 13 Feb 2008 21:23:00 +0000</pubDate>
		<guid isPermaLink="false">http://virtuallyblind.com/2008/02/13/post-johnson-place/#comment-15229</guid>
		<description>Of course, it is not a prerequisite to having internal regulation in virtual worlds, even sophisticated internal legal systems, that those legal systems &lt;i&gt;displace&lt;/i&gt; the physical-world/national legal systems: as I explain &lt;a href=&quot;http://www.metaverserepublic.org/2008/01/05/normative-parallelism/&quot; rel=&quot;nofollow&quot;&gt;here&lt;/a&gt;, it is perfectly possible for in-world legal systems to run in parallel with existing legal systems.</description>
		<content:encoded><![CDATA[<p>Of course, it is not a prerequisite to having internal regulation in virtual worlds, even sophisticated internal legal systems, that those legal systems <i>displace</i> the physical-world/national legal systems: as I explain <a href="http://www.metaverserepublic.org/2008/01/05/normative-parallelism/" rel="nofollow" onclick="javascript:urchinTracker ('/outbound/comment/www.metaverserepublic.org');">here</a>, it is perfectly possible for in-world legal systems to run in parallel with existing legal systems.</p>
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