Quote:
Originally Posted by Wild Goose
As for the killing itself, at least under British Law, which I studied, you'd need to prove a certain chain of causation, and pull in the Reasonable Man test for loads of things. Is Kayaba's assertation that death ingame is reasonable and believable? - among other things.
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bingo, and I don't believe any court or jury will consider it to be either, at least pre-SAO, as by any reasonable measure it's an completely unprecedented event that puts the players in an impossible situation.
Quote:
Originally Posted by Wild Goose
As for mens rea, the barest minimum you need is to prove the intent to cause grievous bodily harm, and the actus rea is the act itself. Mens rea may not be provable, but it should be possible to establish causation by using server logs - time D PKs V is recorded and shows cause of death, and system establishes D is the killer, then in the real world the NervGear kills the player.
But since mens rea may not be provable, you'd get Manslaughter instead. (i'm simplifying a lot from what I studied.)
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even then they'd have to show that it rises to the level of gross/criminal negligence, which is a hard sell considering the extraordinary circumstances.