Tag Archives: regulation

Why Bitcoin isn’t a security under federal securities law

There are questions as to whether Bitcoin falls under the regulations of federal securities law. Federal securities law is a complex area of law that grants courts and the SEC great leeway in classifying investment products as securities. Nevertheless, a Bitcoin in-and-of-itself is not a security that can be regulated under federal securities la. NOTE:

Live broadcasts and performances aren’t per se copyrightable: Revisiting the fixation requirement

A recent Techdirt article discusses the role of broadcast listeners and viewers in preserving sports history.  The article’s main point seems to be an argument that allowing copying helps preserve historical moments.  The historical moment in question was the 1951 “Shot heard ’round the world;” also known as Bobby Thompson’s walk-off home run against the

Using privacy law to protect virtual resources rather than property law

Author’s Note: This an excerpt from an early draft of a paper I am currently writing. I.    Introduction Applying property rights  to virtual resources is often justified by arguing that property rights will allow consumers and users to better protect their interests online and in online games.  Garrett Ledgerwood, in Virtually Liable, argues “[a] court’s

Briefly why the rule of law does exist in virtual worlds already, and why it is doctrinally dangerous to think otherwise

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Carving virtual worlds out of the general jurisdiction of law is a mistake. Laws govern what occurs in virtual worlds to the extent that those actions fall under a law’s regulation. Just as a contract may be formed over the phone, so to can it be formed in a virtual worlds.

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Similarly, actions constituting Intentional Infliction of Emotional Distress can occur in a virtual world just as they might in the real world.