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