November 13 2006 Legal Blog Roundup

Moving on, this week in the world of legal blogs has been full of good old-fashioned family fun...well, maybe not family fun in the case of Tonya Barnhart (discussed at Overlawyered), who sued Paisano Publications, LLC, claiming unreasonable intrusion, false light invasion of privacy, and appropriation of her likeness, after it published a photograph of her "baring her breasts at a pig roast for motorcycle enthusiasts." (Yes, you read that correctly). U.S. District Judge J. Frederick Motz of Maryland ruled against Barnhart on summary judgment. Her behavior "cannot reasonably be said to have constituted a private act," Motz wrote. "She exposed herself at an outdoor fundraising event open to any member of the public who purchased a ticket." Well, jeez, give the girl some credit; at least they had to purchase tickets.




Jamiroquai was right: the future is made up of virtual insanity, complete with virtual property. Law.com reports that Internet-based game company Linden Lab is being sued by Marc Bragg for the seizure of virtual real estate. In the Internet game Second Life, players accrue imaginary currency called "lindens" (which they can purchase using real money) by partaking in real estate ventures with virtual property. Linden Lab profits by collecting sales and land taxes (in the form of real money, not imaginary lindens) on these virtual real estate transactions; players can cash in their lindens for real money, as well. Bragg brought suit, alleging that Linden seized his virtual land and $2,000 (again, real money, not lindens). Linden claims Bragg's land was seized because he purchased it via an unauthorized auction.

"The case is one of the first lawsuits involving virtual property, but many more are likely to follow," said assistant professor at Rutgers School of Law, Camden, Greg Lastowka. He added, "The idea of property in virtual worlds is not a stretch." The case hinges on whether property rights are outweighed by user agreements. "The question is: 'Do the non-negotiable contracts that let you participate and buy things in games…do they trump any possible property interest you might acquire in the game?'" Lastowka said.

For me, the idea that real property exists in virtual worlds is kind of a stretch. Then again, physics was never my forte; that's why I'm a lawyer. On a side note, kudos to anyone who can convince people to use real money to buy fake money. That's what I call true genius.

Over at isthatlegal, I learned about JAIL for judges. JAIL, the Judicial Accountability Initiative Law (How long do you think it took someone to come up with that acronym?), may be passed by Amendment E on South Dakota's Election Day ballot. JAIL would allow boards of volunteer citizens to hear complaints from disgruntled litigants and criminal defendants who are unsatisfied with the results of their trials. This volunteer committee would have the power to subject judges to criminal and civil liability. Okay, people, what's scarier: abolishing judicial immunity or the idea that people would actually volunteer for something that sounds a lot like jury duty?

And, finally, because Halloween passed by too quickly, I thought I’d throw something truly frightening into the mix. According to LegalBlogWatch, Walter Seward of West Orange, NJ, enjoyed legal practice so much he stuck with it for 80 years. Like I said, truly frightening. On a brighter note, he just celebrated his 110^th birthday. Happy Birthday, Walter!

Until next week...