As a lowly 2L – only just returned (sort of) from my summer escape – my experience with law school has been overwhelmingly virtual. Obviously 1L is a challenge (regardless of what “mode of delivery” one engages in), but for me, I found that the digital interface allowed me to participate and interact in a manner that I find in-person actually doesn’t (due to my anxious tendencies and so on).

In a way, my virtual-self was liberating and – perhaps – was a more accurate representation of who I could be (in the hallowed halls of Zoom U).

[1]

This got me thinking; in our electronic age, we now have countless games and platforms that allow us to project boundless versions of ourselves out into the digital universe.  More importantly, these versions we create and share may offer the most authentic and original take of “who” we are.

So what does this have to do with a law blog you ask? Hopefully I can decode some 1s and 0s below.

At some point in the future, we will have next-next-generation Second Lifes, World of Warcrafts, and other massive multi-user platforms that begin to blur the lines of what “real” is for an individual.

Even if we aren’t already in a simulation, as Elon would has us believe, The Matrix gave us a chance to ponder what that reality would be like – and importantly – whether we would prefer to exist in the simulated world, or take our chances fighting squidy-machines outside (I can see why Cypher chose the steak).

Applying a legal lens to this scenario, the issue of proper jurisdiction quickly comes into focus: these worlds will likely  have their own law-making and systems of governance, leading to possible conflicts with the established rules on the outside.

In fact, we already see this occurring in settings such as Minecraft, where users operate realms and administer justice for wrongs that are both familiar and novel (see griefing). [2]

[3]

This opens up quite the legal quandary, namely, whether physical courts can (or should) interfere with the organization and nation-building of digital worlds.

A potential “test case” for this idea emerged in the now almost-vacant Second Life (SL) landscape: a dispute first originating within the virtual domain – concerning intellectual property rights – eventually made its way to a physical proceeding in the District Court of New York.

The avatar Amat Juris, acting for a client who claimed ownership over the use of the word “SLART” (as evidenced by a US trademark), sent another avatar, Victor Vezina, a “cease and desist” notification within Second Life, hoping to make the latter change the name of his virtual art gallery. When this didn’t work, a complaint was formally filed in the real world, dragging the creators behind SL into the legal debacle as well.

While the identity of Vezina remained unknown throughout the entire process, the sign displaying the word in question was finally “removed”, due to the Court’s decision to enforce the trademark. [4]

Much like piercing the corporate veil, it seems, for now, there is recourse for physical courts to manifest their legal muscle within a digital ecosystem.

But what about in-world lawyering and digital practice?

Second Life may have lost its lustre for many, as users and businesses left for greener (and less pixelated) pastures, but it gave us a window into where things are likely headed (sorry Zoom).

Amat Juris could easily have been a practicing member of the Second Life Bar Association (SLBA), working diligently for clients from the confines of a computer-generated office, earning viable income for services rendered.

This may sound a bit far-fetched, but many real and credible firms did just that: setting up virtual spaces to better facilitate representation and access to legal communities outside of their customary reach. Ross A. Dannenberg, an IP attorney at Banner & Witcoff, Ltd., goes as far as calling such environments the great leveler, as they provide “the ability to reach out and connect with people in any country in the world…very easily” (referencing his firm’s use of SL to locate and work with a solo practitioner in China). [5]

With the recent news that Mark Zuckerberg is looking to redefine the Facebook brand as a metaverse company, we may not have to wait long to expand on the SL experience.

Facebook is looking to become an online world where users interact with content, but also engage from the “inside” (through the use of virtual reality headsets such as the Oculus). Zuckerberg envisions a space that on-boards a substantial chunk of an individual’s life – allowing one to both attend a concert for a favorite artist, and welcome customers into a virtual storefront to purvey goods and services. [6]

There’s a solid chance then, that the next iteration of the SLBA will be found here; firms will once again be setting up shop and opening their “doors” to the masses, but this time around, the client-pool – of users and businesses – will dwarf anything that has existed previously.

This alone should be reason enough for most to explore a new paradigm of legal practice, but there are more incentives than just dollar signs; the metaverse promises to be a rapidly changing immersive experience, blending legal considerations of the past with new and uncharted waters of advocacy, representation and what it truly means to offer value to a client or customer.

In summary, the pandemic has shown us how badly outdated our current landscape really is; perhaps the way forward comes not just from a reworking of our legal systems, but a complete re-rendering of who were are – as individuals and professionals.

SOURCES:

[1] “I am not a Cat” Screenshot by Amanda Kooser/CNET

[2] u/xReyjinx “Ideas for realm rules?”, Reddit.com (2019) Online: https://www.reddit.com/r/Minecraft/comments/b4ve8w/ideas_for_realm_rules/

[3] “Minecraft Castle” by Mike_Cooke is licensed under CC BY-NC 2.0

[4] Victor Keegan, “How an Avatar on Second Life sparked a real-life court case”, The Guardian (Nov 25, 2008) Online: https://www.theguardian.com/technology/2008/nov/25/second-life-internet

[5] Thai Phi Le, “Are Second Life Residents Subject to Real Laws?”, DCBar (March 2013) Online: https://www.dcbar.org/for_lawyers/resources/publications/washington_lawyer/may_2013/virtual_game

[6] Casey Newton, “Mark in the Metaverse”, The Verge (July 22nd, 2021) Online: https://www.theverge.com/22588022/mark-zuckerberg-facebook-ceo-metaverse-interview