Jankowich (2006)

Source Details

Jankowich (2006)
Title:	EULAw: The Complex Web of Corporate Rule-Making in Virtual Worlds
Author(s):	Jankowich, A.
Year:	2006
Citation:	Jankowich, A. (2006) EULAw: The Complex Web of Corporate Rule-Making in Virtual Worlds. Tulane Journal of Technology and Intellectual Property, 8
Link(s):	Definitive , Open Access
Key Related Studies:	Cohen (1998) Casamiquela (2002) Dibbell (2003) Braman and Lynch (2003) Lastowka and Hunter (2005)
Discipline:	O34: Intellectual Property and Intellectual Capital
Linked by:

About the Data
Data Description:	Data were obtained from the terms and agreements governing 48 ‘virtual worlds’, being massive-multiplayer-online-games (MMOGs).
Data Type:	Primary data
Secondary Data Sources:
Data Collection Methods:	Qualitative Collection Methods
Data Analysis Methods:	Descriptive statistics (counting; means reporting; cross-tabulation) Visual / Other Content Analysis Legal Analysis
Industry(ies):	Video game publishing
Country(ies):	Global
Cross Country Study?:	Yes
Comparative Study?:	No
Literature review?:	No
Government or policy study?:	No
Time Period(s) of Collection:
Funder(s):

Abstract

“In this Article, I will examine the private systems of regulation governing virtual worlds that are typically contained in EULAs, terms of service (ToS), rules of conduct, posting policies, and naming policies (collectively, “governing agreements”). My analysis is based on a survey of the governing agreements of forty-eight virtual worlds.”

Main Results of the Study

• Whilst the study finds that the majority of EULAs are easily accessible (70.83%), a high median number of agreements per title (3.6 per title) results in complexity of regulation.

• Most EULAs claim copyright only over aspects not created by participants in the virtual world. However, 33.33% of EULAs claim copyright over everything, including user contributions. Similarly, whilst 56.25% of agreements include an automatic licence from the user to the platform, 14.58% of agreements oblige a complete assignment of all user-generated content.

• Sale and transfer of the virtual world, and its contents, are usually restricted. 66.67% of EULAs prevent sale or transfer, and 56.25% prohibit the sale of virtual property outside of the world.

• As 37.50% of the titles surveyed have the same owners as at least one other game surveyed, this same structure of governance is likely throughout multiple worlds.

Policy Implications as Stated By Author

The study does not make any explicit policy recommendations.

Coverage of Study

Coverage of Fundamental Issues

Issue	Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

Coverage of Evidence Based Policies

Issue	Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size:	48
Level of aggregation:	EULA
Period of material under study: