Law in the Internet Society

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FarayiMafotiSecondPaper 7 - 22 Jan 2012 - Main.FarayiMafoti
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COULD ENTERTAINMENT TECHNOLOGY GET TOO IMMERSIVE: A EXCEPTIONAL SCENARIO FOR POSNER

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COULD ENTERTAINMENT TECHNOLOGY GET TOO IMMERSIVE: AN EXCEPTIONAL SCENARIO FOR POSNER

 

Immersiveness is a measure of how seamless the transition is between virtual and physical data. The more immersive a user’s experience is, the less the user consciously perceives the augmented content as being separate from, or inferior in quality or value to, what he sees with his naked eye. Microsoft's Kinect video game accessory boasts the ability to map our bodies in three dimensions and track every gesture in real time, perhaps portending the creation of real-time living room telepresence, of having a digital version of oneself on the screen. In American Amusement Machine Ass'n v. Kendrick, Judge Posner likened the violence in video games to classic themes in literature. When confronted with the argument that video games are distinguishable because of their interactive nature, Posner stated that this point is "erroneous". Given that games may no longer consist of simply sitting, clicking, and flicking but rather of "being," can they spell new types of liability with respect to violent entertainment claims? What of privacy concerns? Given the advances in telepresence, are there legal avenues available to confront unconsented uses of a person’s 3D image?


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