(Arkhipov) malshandir case and pervasive internet law problems 26 09 2013
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(Arkhipov) malshandir case and pervasive internet law problems 26 09 2013

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Several theoretical generalizations made by a lawyer with academic affiliation further to participation in a discussion at EQ2Wire.com (influential Everquest 2 website maintained by Feldon).

Several theoretical generalizations made by a lawyer with academic affiliation further to participation in a discussion at EQ2Wire.com (influential Everquest 2 website maintained by Feldon).

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(Arkhipov) malshandir case and pervasive internet law problems 26 09 2013 Presentation Transcript

  • 1. Legal regulation of the Internet: pervasive problems and architectural design © Vladislav ARKHIPOV Ph. D., Associate Professor Saint Petersburg State University Berlin, 2013
  • 2. Introduction: the ‘Malshandir accident’ *A patent troll (presumably) under a disguise of a German holder of the trademark ‘Malshandir’ raised a claim to an Everquest 2 (online roleplaying game) fansite, because the latter contained API of Sony Online Entertainment, Inc. which listed a character named ‘Malshandir’. *The owner of that Everquest 2 fansite made this public and asked the users for advice. Several lawyers, including myself, gave comments to that case.The forum thread included more than 170 comments including legal comments (and, as it usually happens in the Internet, other comments were dubious). *Most legal comments were contested on unusual grounds. For instance, I got a kind of warning that I should be careful about my words, because due to the fact that the forum thread may be accessed from Germany, the German law may apply to it, and it forbids to give free legal advice without a German license. 28.09.2013 (с) Vladislav Arkhipov. 2013. The background represents a modification of a picture made by ~lulu2000 (www.deviantart.com) 2
  • 3. 28.09.2013 (с) Vladislav Arkhipov. 2013. The background represents a modification of a picture made by ~lulu2000 (www.deviantart.com) 3 ‘Malshandir accident’: initial claim
  • 4. 28.09.2013 (с) Vladislav Arkhipov. 2013. The background represents a modification of a picture made by ~lulu2000 (www.deviantart.com) 4 ‘Malshandir accident’: my response
  • 5. 28.09.2013 (с) Vladislav Arkhipov. 2013. The background represents a modification of a picture made by ~lulu2000 (www.deviantart.com) 5 ‘Malshandir accident’: the warning I received
  • 6. Problems stressed by the ‘Malshandir accident’ * Identification of users. No one can be sure that it was some realThomas Freyer, or that other users under various names were notThomas Freyer if such person exists. How could anyone verify a user? *Jurisdiction. My comment was made (a) in English, (b) from Russia, (c) at American website, (d) targeted to a situation possibly involving Germany.Which law should apply to the contents of my comment? *Information intermediaries. Feldon is an information intermediary because he usesAPI of Sony Online Entertainment, Inc. May an information intermediary be brought to responsibility in such a case? 28.09.2013 (с) Vladislav Arkhipov. 2013. The background represents a modification of a picture made by ~lulu2000 (www.deviantart.com) 6