One might be inclined to giggle (to oneself, of course) when the subject of the legal rights of learners arises. Certainly, learners have the right to expect a good and effective learning experience, as squishy as those terms may be. They have the right not to have their money or time wasted. But these are more ethical than legal assertions.
There is a very interesting case (Bragg v. Linden Research, Inc.) before the court in the Eastern District of Pennsylvania. Mr. Bragg alleges that, by terminating his account, Second Life (a California corporation) has unlawfully deprived him of access to his virtual possessions, which possessions are the plaintiff's alone. This case is pending, but a couple of weeks ago, the judge decided that Second Life's Terms of Service were too one-sided, and granted the plaintiff the right to sue Second Life in the plaintiff's home state of Pennsylvania. If I were Philip Rosedale, I think I'd be uneasy.
I'm vaguely uneasy anyway. These kinds of cases are being fought in jurisdictions all over the world. Whatever decisions are rendered will apply equally to entertainment and learning virtual environments - but not necessarily equally around the globe.
As I've made clear, I believe learner-generated content is a critical component to serious games. But as these cases make their way to the law books, serious game designers will need to stay current on the changing requirements.
Ultimately, if we are designing for a multi-national audience, we will be forced to level our designs to meet the tests of the most restrictive legal environment if we are to ensure that all learners have an equivalent game and learning experience. And at all times we must be sensitive to the sometimes emotional attachments we all develop toward our creations.
This issue will become even more vigorously debated, I'm sure, when some of the planned game portals are launched, including a few directed at serious games. These portals will offer features such as single logon, portable avatars, and portable game content.
More than anything else, planning ahead will keep us out of the crack on this issue. Designing the rules of game play up front - and making them clear to the learners - will accomodate the emerging cyberlaws without impinging on the experience of the learner.
I'm serious,
Anne
Thanks to reader Ovidiu Ciobanu for bringing this case to my attention.
