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Proctor : August 2017
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27 PROCTOR | August 2017 Notes 1 Andrew Rossow, ‘Gotta Catch... A Lawsuit? A Legal Insight Into the Intellectual, Civil, and Criminal Battlefield ‘Pokémon Go’ Has Downloaded onto Smartphones and Properties Around the World’ (2016) 16 The John Marshall Review of Intellectual Property Law. 2 Polanski v Conde Nast Publications Ltd [2005] UKHL 10. 3 See, for example, Alan Davidson and Myles McGregor- Lowndes, ‘Practical Strategies for Using Computers in Legal Education’ (1995) 2(2) Murdoch University Electronic Journal of Law; Michael Geist, ‘Where Can You Go Today? The Computerisation of Legal Education from Workbooks to the Web’ (1997) 11 Harvard Journal of Law and Technology 141; Rebecca Enyon, ‘The Use of ICTs for Teaching and Learning in Law Education: Some Innovators’ Perspectives’ (2006) 3 Web Journal of Current Legal Issues 1. 4 David Pope and Dan Hill, Mooting & Advocacy Skills (2007) Sweet & Maxwell, London 77. 5 ‘Facebook Ordered To Pay $500 Million In Oculus Lawsuit’, Forbes, forbes.com/sites/ kathleenchaykowski/2017/02/01/report- facebook-ordered-to-pay-500-million-in-oculus- lawsuit/#5d509417121d. 6 Jordan Belamire, ‘My first virtual reality groping’, 2016, mic.com/articles/157415/my-first-virtual-reality- groping-sexual-assault-in-vr-harassment-in-tech- jordan-belamire#.HropaUbv9. 7 John Pavlus, ‘Get a Virtual-Reality Punch, Feel Real Impact’, 2015, technologyreview.com/s/543291/ get-a-virtual-reality-punch-feel-real-impact. 8 Dan Bloom, ‘Computer hacker stole virtual property from online fantasy gamers to pay off REAL gambling debts’, 2013, dailymail.co.uk/news/article-2519425/ Computer-hacker-stole-virtual-property-online-fantasy- gamers-pay-REAL-gambling-debts.html. 9 Internal Revenue Service, ‘IRS Virtual Currency Guidance: Virtual Currency Is Treated as Property for U.S. Federal Tax Purposes; General Rules for Property Transactions Apply’, 2014, irs.gov/uac/newsroom/irs- virtual-currency-guidance. 10 Andrew Griffin, ‘Oculus Rift Terms and Conditions Allow Facebook to Monitor Users’ Movements and Use it for Advertising’, 2016, independent.co.uk/ life-style/gadgets-and-tech/news/oculus-rift-terms- and-conditions-allow-company-to-monitor-users- movements-and-use-it-for-advertising-a6967216.html. 11 Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4. 12 Michael Madary, ‘Are Virtual Reality experiences safe from an ethical point of view?’, 2016, ec.europa. eu/digital-single-market/en/blog/are-virtual-reality- experiences-safe-ethical-point-view. country triggers a taxable nexus in that country irrespective of what type of currency is used. VR and AR providers will need to assess if they are excessively collecting, using and sharing a wide range of users’ personal information without the appropriate consents in place. In 2016, it was claimed that Facebook’s Oculus’ terms and conditions allowed Facebook to monitor users’ movements and use it for advertising.10 Facebook responded at the time by saying the information was not shared, but that it may have a desire in the future to do so. The Full Federal Court said personal information must be “about an individual”, 11 meaning metadata in some circumstances could be personal information. Michael Bidwell is an executive member of The Legal Forecast and serves as its editor in chief. Special thanks to Adrian Agius and Angus Murray for their assistance with this article. The Legal Forecast (thelegalforecast.com) aims to advance legal practice through technology and innovation. It is a not-for-profit run by early career professionals passionate about disruptive thinking and access to justice. by Michael Bidwell, The Legal Forecast Gotta understand the virtual world before we reform the law A blogger for the European Commission has gone so far as to question whether VR experiences may ever be ‘safe’ from an ethical point of view, raising concerns about the lack of research into effects of VR on real human behaviour. 12 AR and VR platforms are continually emerging through mobile devices providing greater access and lower costs, and the future for AR and VR will be challenging to our traditional legal system and society standards. The administration of justice and rule of law have always been paramount in our real world and we will need to extend this to our virtual world. We will see which lawyers become the best – in fact, the very best – in this growing legal area. Technology
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