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Inside Legal Blogs[By The Judge]

Someone in heaven must be looking out for me. A week ago, if someone had asked me to create my ideal job, I would have tried to come up with something

involving all of my passions: ice cream, Three’s Company reruns, and napping. But since no one will pay me to vegetate on my parents’ sofa, eat fudgesicles,

and exchange knowing glances with Mr. Roeper (Why is he always looking straight into the camera? Is he trying to tell me that he knows Jack isn’t really

gay?), I had to come up with Plan B. And what a glorious Plan B it was: to find work that involved surfing the Internet and learning about the trials and

tribulations of my beloved colleagues. But could I make it happen? The answer: a resounding YES. When LawCrossing offered me the opportunity to take

over Inside Legal Blogs, I naturally jumped at the opportunity. (Well, maybe I just nodded my head, but who’s really keeping track?)

Moving on, this week in the world of legal

blogs has been full of good old-fashioned

family fun...well, maybe not family fun in

the case of Tonya Barnhart (discussed

at Overlawyered), who sued Paisano

Publications, LLC, claiming unreasonable

intrusion, false light invasion of privacy,

and appropriation of her likeness, after

it published a photograph of her “baring

her breasts at a pig roast for motorcycle

enthusiasts.” (Yes, you read that correctly).

U.S. District Judge J. Frederick Motz

of Maryland ruled against Barnhart on

summary judgment. Her behavior “cannot

reasonably be said to have constituted a

private act,” Motz wrote. “She exposed

herself at an outdoor fundraising event open

to any member of the public who purchased

a ticket.” Well, jeez, give the girl some credit;

at least they had to purchase tickets.

Jamiroquai was right: the future is made

up of virtual insanity, complete with virtual

property. Law.com reports that Internet-

based game company Linden Lab is being

sued by Marc Bragg for the seizure of

virtual real estate. In the Internet game Second Life, players accrue imaginary

currency called “lindens” (which they can

purchase using real money) by partaking in

real estate ventures with virtual property.

Linden Lab profits by collecting sales and

land taxes (in the form of real money, not

imaginary lindens) on these virtual real

estate transactions; players can cash in

their lindens for real money, as well. Bragg

brought suit, alleging that Linden seized his

virtual land and $2,000 (again, real money,

not lindens). Linden claims Bragg’s land

was seized because he purchased it via an

unauthorized auction.

“The case is one of the first lawsuits

involving virtual property, but many more

are likely to follow,” said assistant professor

at Rutgers School of Law, Camden, Greg

Lastowka. He added, “The idea of property

in virtual worlds is not a stretch.” The

case hinges on whether property rights

are outweighed by user agreements. “The

question is: ‘Do the non-negotiable contracts

that let you participate and buy things in

games…do they trump any possible property

interest you might acquire in the game?’”

Lastowka said.

For me, the idea that real property exists

in virtual worlds is kind of a stretch. Then

again, physics was never my forte; that’s

why I’m a lawyer. On a side note, kudos

to anyone who can convince people to use

real money to buy fake money. That’s what

I call true genius.

Over at isthatlegal, I learned about JAIL

for judges. JAIL, the Judicial Accountability

Initiative Law (How long do you think it took

someone to come up with that acronym?),

may be passed by Amendment E on South

Dakota’s Election Day ballot. JAIL would

allow boards of volunteer citizens to hear

complaints from disgruntled litigants and

criminal defendants who are unsatisfied

with the results of their trials. This volunteer

committee would have the power to subject

judges to criminal and civil liability. Okay,

people, what’s scarier: abolishing judicial

immunity or the idea that people would

actually volunteer for something that sounds

a lot like jury duty?

And, finally, because Halloween passed by

too quickly, I thought I’d throw something

truly frightening into the mix. According to

LegalBlogWatch, Walter Seward of West

Orange, NJ, enjoyed legal practice so much

he stuck with it for 80 years. Like I said,

truly frightening. On a brighter note, he

just celebrated his ��0th birthday. Happy

Birthday, Walter!

Until next week...