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Faculty Scholarship

First Amendment

2008

Nova Southeastern University

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Playing In The Virtual Arena: Avatars, Publicity, And Identity Reconceptualized Through Virtual Worlds And Computer Games, Jon M. Garon Jan 2008

Playing In The Virtual Arena: Avatars, Publicity, And Identity Reconceptualized Through Virtual Worlds And Computer Games, Jon M. Garon

Faculty Scholarship

In many respects, the commercial and social interactions within virtual worlds are essentially the same as those interactions conducted face-to-face or over less engrossing technologies, however, the immersive nature of the virtual world redefines the nature of the experience. Because virtual worlds mimic their bricks-and-mortar counterparts, they exhibit commercial attributes unlike those of plays, television shows, or motion pictures. To the extent that there is commerce conducted within the medium, the historic separation between commercial conduct and expressive speech must be reconceptualized. In the first instance, such legal line drawing will necessarily be done with crude tools, so this article …


What If Drm Fails?: Seeking Patronage In The Iwasteland And The Virtual O , Jon M. Garon Jan 2008

What If Drm Fails?: Seeking Patronage In The Iwasteland And The Virtual O , Jon M. Garon

Faculty Scholarship

Section 1201 of the 1998 Digital Millennium Copyright Act provided sweeping protection for technological measures or virtual locks on digital content to protect the entertainment industries-including music, films, games, and consumer electronics. Manufacturers use digital rights management (DRM) authorized under the law to lock down all software embedded in products, movies on DVDs, and audio files sold on iTunes and other Internet sites. DRM unfairly extends copyright and that legal protection is unnecessary to the robust development of new creative works Critics of the DMCA have charged that the law has extended well past its anti-piracy role to undermine fair …