Virtual World Feudalism

James Grimmelmann, New York Law School

Abstract

Second Life is a feudal society. No, not metaphorically. Literally.

Two problems have preoccupied scholars of virtual world law: "What is the political relationship between developers and users?" And: "Should we treat in-world objects as property?" We can make progress on both questions by recognizing that virtual politics and property are inextricably linked, in the same way that feudal politics and property were. It is the tenant/user’s relationship with his lord/developer that both creates the property interest and enforces it. The similarity between ownership of land in feudal England and in Second Life suggests that offline courts should protect user interests in virtual items, gradually, without treating them as full-blown modern "property."