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Deniable plausibility

The law has a problem. You don't actually know the law until someone drags someone else before a court. In the Middle Ages they said the law in gremio iudicum, in the bosom of the judges. The default judgement in Eros LLC v John Doe tells us that nearly everything the TOS says about virtual property not being property is wrong. If a court can grant relief on intellectual property grounds, then Linden Lab should tear up those TOS causes which allege that virtual property is unproperty.

They will not, because keeping the claim alive is going to persuade many platform users that it must be true. All it really proves is that LL need new lawyers. The EU, Australia, Canada and most other jurisdictions have quite strict laws on the privacy, accuracy and security of personal data. LL may well have acquired plausible deniability in age matters within the US. They have also very likely acquired plausible liability under the privacy laws of almost everywhere outside the US. We'll know if and when someone drags someone else before a court.

Many of those privacy laws impose criminal penalties. Choice of law and choice of forum clauses do not run against the criminal law.

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