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Comments On Trade Secret Sharing In High Velocity Labor Markets, Michael Risch
Comments On Trade Secret Sharing In High Velocity Labor Markets, Michael Risch
Michael Risch
This essay is an edited and supplemented version of comments made during the 2008 AALS Annual Meeting Section on Law & Economics panel. The comments relate to information sharing in high velocity labor markets such as Silicon Valley, as discussed by presenter Alan Hyde. The essay discusses four topics. First, it agrees with the principle that trade secret law does generally not provide an independent incentive to generate secret information. Second, it asserts that trade secret law in California is strong when applied to valuable information, and that "information sharing" in high velocity markets is likely primarily tangential to core …
Virtual Third Parties, Michael Risch
Virtual Third Parties, Michael Risch
Michael Risch
In virtual worlds, where 20 million people spend $200 million each year, rules of life are governed by contract, and three-party transactions are ubiquitous; every exchange of virtual cash, property, sound, pictures, and even conversation introduces a third party into the contractual relationship between user and virtual-world provider. Whenever a contract affects a non-party, the third-party beneficiary ("TPB") doctrine might apply; to date, however, the practical and theoretical boundaries of this important doctrine's application to virtual worlds have yet to be explored, perhaps because of an overly narrow doctrinal conception. Many states have loosened TPB requirements somewhat; most have adopted …
Virtual Rule Of Law, Michael Risch
Virtual Rule Of Law, Michael Risch
Michael Risch
This article, which follows a presentation at the West Virginia Law Review Digital Entrepreneurship Symposium, is the first to consider whether virtual worlds provide a rule of law that sets expectations for virtual business. Many consider the rule of law a catalyst for economic development, and there is reason to believe that it will be equally important in virtual economies, despite differences from the real world. As more people turn to virtual worlds to earn a livelihood, the rule of law will become prominent in encouraging investments in virtual business. The article finds – unsurprisingly – that virtual worlds now …