http://virtualworldsforum.com/workshops/on/legal_and_tax_update_for_virtual_worlds/
(((I won't be going to the Virtual Worlds Forum in London, so I'm sorry I'll be missing the intensely European take on matters that's promised here.)))
LEGAL AND TAX UPDATE FOR VIRTUAL WORLDS
8 October 2008, 9.00am
Alex Chapman
Alex is a leading lawyer in the interactive and digital media industry with particular expertise in intellectual property matters. He has first hand knowledge of the digital and interactive media and games industries as part of development teams on a number of successful projects before taking up the law and he now acts for a wide variety of clients.
National and international guidelines to ensure compliance
• With so many different jurisdictions in the EU – what’s the regulatory outlook and to what extent is there harmonization? (((Hey, yeah. Also, what happens if your fellow players don't use the metric system?)))
o How will different EU nation states legislate? What are the key differences to be aware of? (((Have the Russians shut off their pipelines, leaving their virtual worlds in the cold and dark?)))
o In the interim – what are the risks for businesses?
o Perspectives on compliance and infringement from the banking community, legal and tax specialists (((who are just itching to get in there and mix it up with those Warcraft fans)))
• Intellectual property protection:
o IP around virtual goods (((Orc-Slaughtering Bludgeon of Might (R) (C) TM )))
o DRM / trademark and copyright issues - how far to let the customer go (((cuff wrists, leash neck, or simply nail foot to floor?)))
o "I borrow ideas, you copy something, he rips people off" – the thorny issue of who owns UGC in virtual worlds (((Hey, that's a really good slogan, I think I can use that)))
• Taxation: (((oh the joy!)))
o At what point will taxes apply? What are the criteria? What are the national and regional differences?
o Will microtransactions be taxed? (((Do dead avatars have pennies on their eyes?)))
o What is the situation with VAT on virtual currencies? (((Also, can we drop by and audit your Monopoly board game?)))
o Taxation of property rights
• Privacy, data collection and protection
• Recent case law on virtual items – implications for public and corporate virtual worlds
o As new features are being layered into virtual worlds and MMOs – what questions are being raised around legalities and reporting requirements:
eg offering VoIP – does this make you a telco? (((Maybe we're *all* telcos. On the internet, nobody knows that my dog is a telco. Big plus side: we can spy on anyone we want with clear immunity!)))
• Etiquette - issues of identity, privacy, contract validity - are there different thresholds of perception and tolerance in virtual worlds? How is this impacting the evolution of legal frameworks?
