Peter S. Jenkins Graduate Research Fellow and PhD Candidate Osgoode Hall Law School York University

COLD WAR ZERO SUM GAME NON-COOPERATIVE NO CENTRAL ENFORCEMENT NO EXIT OPTION DESCRIPTIVE, NOT NORMATIVE INSTRUMENTALIST

WHAT ABOUT ANTHROPOMORPHISM?

NORMATIVE EXIT OPTION CONSTRUCTIVIST ENFORCEABLE MODEL COOPERATIVE POST COLD WAR NOT ZERO SUM

BIT = EULA

NORMATIVE EFFECTS Right of exit Mid-term renegotiations Scope of arbitrator’s authority

Right of exit

Mid-term renegotiations

Scope of arbitrator’s authority

CONTRACTS OF ADHESION LDC CAN’T EXIT FOR TEN YEARS PLAYER CAN EXIT VW ON ONE MONTH NOTICE

CAN’T RENEGOTIATE BIT MOBILITY OF CAPITAL LDCs COMPETING SECOND LIFE TAX REVOLT COMMON PLAYER INTERESTS ELECTRONIC MOBILIZATION

BRAGG v. LINDEN ARBITRATION CLAUSE VOIDED BIT ARBITRATOR HAS WIDE AUTHORITY DAMAGES FOR “INDIRECT EXPROPRIATION”

RW AND VW ROLES SOME OVERLAP MAGIC CIRCLE

ARBITRATOR’S JURISDICTION Environmental Regulation Reasonable right of exit, Renegotiation Expropriation, Opportunistic Exit, Sabotage Investment Terms of Service EULA