EU update

This is the latest edition of the Bristows column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Law,culture and massively multiplayer online games

Massively multiplayer online games (MMOGs) are now a major international phenomena. Millions of people can play together online, readily navigating boundaries between nations, languages and legal jurisdictions. The communities around some of these games are huge, of a size equivalent to a large city or small nation. This article explores three themes, labelled for conceptual purposes ‘games as legal spaces’, ‘games need lawyers’, and ‘lawyers need games’. It argues that games are inherently legal spaces, infused with legal-ness in a variety of ways; that more direct engagement from the legal community would be of tremendous value in making these systems, and the entertainment spaces which they regulate, ‘better’; and that we have a great deal to learn about law and about the regulation of the online space from games. The article concludes with the proposition that there is an opportunity for impactful knowledge exchange between legal scholars, MMOG developers and publishers, and the gaming community.     

Fukuyama Is Right about Measuring State Quality: Now What?

Much has recently been written about how to best measure governance or “state quality.” Should we evaluate government performance by looking at what government achieves (outputs) as Robert Rotberg and Craig Boardman recently suggested? Or should we focus on measuring state capacity and bureaucratic autonomy, as Francis Fukuyama concludes? This commentary argues in support of Fukuyama's approach by using a public administration lens to disaggregate the public sector into two domains: upstream bodies at the center of government and downstream delivery bodies that deliver, commission, or fund services under the policy direction of government. It goes further by recommending a measurement framework that focuses on identifying indicators that are behavioral and action worthy in relation to five public management systems ultimately owned and operated by the central, upstream agencies.     

‘In Vino Veritas’: Truth and Method in Vinogradoff's Historical Jurisprudence

Sir Paul Vinogradoff is widely regarded as the intellectual heir of Sir Henry Maine. As such, he is implicated with Maine in the failure of historical jurisprudence to displace Austinian positivism at the heart of English legal theory. Yet Vinogradoff was of a different generation and intellectual provenance from Maine. By examining the relationship between Vinogradoff's historical jurisprudence and the work of the celebrated German historian Theodor Mommsen, this article aims to reaffirm the distinctiveness of Vinogradoff's contribution to English jurisprudence. It finds at the core of that contribution a Germanic commitment to ‘science’ and ‘method’ that proves both a strength and a weakness in the common law world of the time, and so reflects something of the character of that broader world itself.     

Representative misconduct,voter perceptions and accountability: Evidence from the 2009 House of Commons expenses scandal

This paper examines electoral accountability after the 2009–10 UK expenses scandal. Existing research shows that Members of Parliament (MPs) implicated in the scandal fared only marginally worse in the election than non-implicated colleagues. This lack of electoral accountability for misconduct could have arisen either because voters did not know about their representative's wrongdoing or because they chose not to electorally sanction them. We combine panel survey data with new measures of MP implication in the expenses scandal to test where electoral accountability failed. We find that MP implication influenced voter perceptions of wrongdoing more than expected. In contrast, constituents were only marginally less likely to vote for MPs who were implicated in the scandal. Electoral accountability may therefore be constrained even when information about representative misconduct is easily available and clearly influences voter perceptions.