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Science and Technology Law

Selected Works

Joshua A.T. Fairfield

Technology law

Articles 1 - 2 of 2

Full-Text Articles in Law

The Magic Circle, Joshua A.T. Fairfield Oct 2013

The Magic Circle, Joshua A.T. Fairfield

Joshua A.T. Fairfield

This Article examines the concept of the "magic circle," the metaphorical barrier that supposedly excludes real-world law from virtual worlds. The Article argues that this metaphor fails because there is no "real" world as distinguished from "virtual" worlds. Instead of a magic circle, this Article advocates a rule of consent: actions in a virtual world give rise to legal liability if they exceed the scope of consent given by other players within the game. The Article concludes that although real-world law cannot reasonably be excluded from virtual worlds, game gods and players can control the interface between law and virtual …


Castles In The Air: F. Gregory Lastowka's Virtual Justice, Joshua A.T. Fairfield Sep 2013

Castles In The Air: F. Gregory Lastowka's Virtual Justice, Joshua A.T. Fairfield

Joshua A.T. Fairfield

This Article argues that informed consent to contract terms is not a good to be maximized, but an information cost that courts should minimize. As a result, courts ought to minimize the cost sum of information costs and contractual surprise. The Article applies information-cost theory to show that information-forcing rules are often inefficient at both the micro- and macroeconomic levels. Such rules also impose greater costs on third parties than the benefits they create for the contracting parties. When one consumer creates an idiosyncratic deal, the information-savings benefits of standardization are reduced for all other potential consumers. The Article demonstrates …