peter s jenkins gikiii presentation sept
TRANSCRIPT
Peter S . JenkinsGraduate Research Fellow and PhD Candidate
Osgoode Hall Law S choolY ork University
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COLD WAR
ZERO SUM GAME
NON-COOPERATIVE
NO CENTRAL ENFORCEMENT
NO EXIT OPTIONDESCRIPTIVE, NOT NORMATIVE
INSTRUMENTALIST
WHAT ABOUT ANTHROPOMORPHISM?
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NORMATIVE
EXIT OPTION
CONSTRUCTIVIST
ENFORCEABLE MODEL
COOPERATIVE
POST COLD WAR
NOT ZERO SUM
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BIT = EULA
NORMATIVE EFFECTS
Right of exitMid-term renegotiationsScope of arbitrator’s authority
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CONTRACTS OF ADHESION
LDC CAN’T EXIT FOR TEN YEARS
PLAYER CAN EXIT VW ON ONE MONTH NOTICE
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CAN’T RENEGOTIATE BIT
MOBILITY OF CAPITAL
LDCs COMPETING
SECOND LIFE TAX REVOLT
COMMON PLAYER INTERESTS
ELECTRONIC MOBILIZATION
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BRAGG v. LINDEN
ARBITRATION CLAUSE VOIDED
BIT ARBITRATOR HAS WIDE AUTHORITY
DAMAGES FOR “INDIRECT EXPROPRIATION”
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RW AND VW ROLES
SOME OVERLAP
MAGIC CIRCLE
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ARBITRATOR’S JURISDICTION
Environmental Regulation
Reasonable right of exit,
Renegotiation
Expropriation,
Opportunistic Exit,
S abotage
Investment
Terms of Service
EULA