Legal regulation of the Internet: pervasive problems

and architectural design

© Vladislav ARKHIPOV

Ph. D., Associate Professor

Saint Petersburg State University

Berlin, 2013

Introduction: the ‘Malshandir accident’*A patent troll (presumably) under a disguise of a German holder

of the trademark ‘Malshandir’ raised a claim to an Everquest 2 (online roleplaying game) fansite, because the latter contained API of Sony Online Entertainment, Inc. which listed a character named ‘Malshandir’.

*The owner of that Everquest 2 fansite made this public and asked the users for advice. Several lawyers, including myself, gave comments to that case. The forum thread included more than 170 comments including legal comments (and, as it usually happens in the Internet, other comments were dubious).

*Most legal comments were contested on unusual grounds. For instance, I got a kind of warning that I should be careful about my words, because due to the fact that the forum thread may be accessed from Germany, the German law may apply to it, and it forbids to give free legal advice without a German license.

12.04.2023(с) Vladislav Arkhipov. 2013. The background represents a modification of a picture made by ~lulu2000 (www.deviantart.com)

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12.04.2023(с) Vladislav Arkhipov. 2013. The background represents a modification of a picture made by ~lulu2000 (www.deviantart.com)

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‘Malshandir accident’: in it ia l c laim

12.04.2023(с) Vladislav Arkhipov. 2013. The background represents a modification of a picture made by ~lulu2000 (www.deviantart.com)

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‘Malshandir accident’: my response

12.04.2023(с) Vladislav Arkhipov. 2013. The background represents a modification of a picture made by ~lulu2000 (www.deviantart.com)

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‘Malshandir accident’: the warning I received

Problems stressed by the ‘Malshandir accident’

* Identification of users. No one can be sure that it was some real Thomas Freyer, or that other users under various names were not Thomas Freyer if such person exists. How could anyone verify a user?

*Jurisdiction. My comment was made (a) in English, (b) from Russia, (c) at American website, (d) targeted to a situation possibly involving Germany. Which law should apply to the contents of my comment?

*Information intermediaries. Feldon is an information intermediary because he uses API of Sony Online Entertainment, Inc. May an information intermediary be brought to responsibility in such a case?

12.04.2023(с) Vladislav Arkhipov. 2013. The background represents a modification of a picture made by ~lulu2000 (www.deviantart.com)

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