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Old 2012-08-09, 04:05   Link #101
Wild Goose
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[mod edit: removed conversation thread based on earlier hint]

Quote:
Originally Posted by Znail View Post
And SOA takes place in Japan, wich has another legal system then either. Japan legal system is quite a lot more strict then the US, so if there isn't any specific laws for it then none are likely to be procecuted at all.
Good point, and by the time the legislation went through... Yeah, not seeing much hope on the legal front.
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Last edited by relentlessflame; 2012-08-09 at 09:28.
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Old 2012-08-09, 10:39   Link #102
SPARTAN 119
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I am actually writing a fanfic based on this, as I have said on other threads. Anyway, I've written about the first responses, including a massive, global news broadcast of the dangers of Sword Art Online, and the confiscation of any unsold Sword Art Online copies and Nerve Gear consoles by authorities.

As for Akihiko, I have included a news report in the first chapter that mentions the Japanese National Police Agency and Interpol setting up task forces dedicated to locating and capturing Akihiko, as well as a phone and e-mail tipline.

As for figuring out how to disarm a Nerve Gear, in my fic, the task force working on confiscated, disconnected Nerve Gears. The task force includes both computer expert, and perhaps a person serving a prison sentence for hacking who has been offered parole in exchange for their help, in order to find a software-based method of disarming, and explosive ordnance disposal experts attempting to safely physically disable the device.

Spoiler for Spoilers for my fanfic:
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Old 2012-08-10, 05:29   Link #103
erneiz_hyde
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Btw, can Kayaba be held responsible for manslaughter on the grounds that he implemented the brain-fryer system in that neuro-whatever?
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Old 2012-08-10, 06:25   Link #104
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Quote:
Originally Posted by erneiz_hyde View Post
Btw, can Kayaba be held responsible for manslaughter on the grounds that he implemented the brain-fryer system in that neuro-whatever?
It goes way beyond just manslaughter when the intent of the design was to kill people.
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Old 2012-08-10, 06:56   Link #105
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So, does that mean he could legally be made responsible for all the deaths caused by the game?
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Old 2012-08-10, 07:40   Link #106
Clarste
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Quote:
Originally Posted by erneiz_hyde View Post
So, does that mean he could legally be made responsible for all the deaths caused by the game?
Hehe, I just skimmed my criminal law textbook for an analogous case. I can only speak for the USA, but yes. Murder usually requires "intent" which usually means that they actually intended for death to result from their actions. One step below that is "recklessness", which means they knew the risks but did it anyway. That's normally manslaughter, and applies to things like drunk driving. Strictly speaking, Kayaba was merely reckless, assuming he's not lying about the escape route. His plan could theoretically end up with no one dying, so it wasn't his "intent" to kill them.

However, there's a category called "unintentional murder" where recklessness is enough for murder, when the culprit "manifests extreme indifference to the value of human life". So yeah, he's guilty of murder for all of them. Or would be, in the USA. No idea about Japanese law.

Last edited by Clarste; 2012-08-10 at 07:52.
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Old 2012-08-10, 08:01   Link #107
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there no way Kayaba can get away without a severe punishment anyway, think how many player's family and the public want him dead.
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Old 2012-08-10, 20:37   Link #108
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^This is true.
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Old 2012-08-10, 22:06   Link #109
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Quote:
Originally Posted by Kimidori View Post
there no way Kayaba can get away without a severe punishment anyway, think how many player's family and the public want him dead.
IF (big If) the Japanese police do manage to catch him. The real question then is would Kayaba died of old age before he will be execute.
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Old 2012-08-10, 23:25   Link #110
SPARTAN 119
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Quote:
Originally Posted by Kimidori View Post
there no way Kayaba can get away without a severe punishment anyway, think how many player's family and the public want him dead.
Well the death penalty still is on the books in Japan, but is only used for the worst of murderers, for instance Shoko Asahara, responsible for the 1995 Tokyo Subway Sarin Gas Attacks. Akihiko would definitely fit in this category. Though, as Xellos was stated above, he would spend a long time on death row.

As for the public wanting him dead, in my fic, I was planning to include a character related to this: an average university student turned vigilante who happens to be Sachi's older brother and possibly also an illegal arms dealer, who notes a bunch of people who do not look like yakuza buying guns- all of them intending to hunt down and kill Akihiko.
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Old 2012-08-11, 19:28   Link #111
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the case of Grimrock

1. premeditate
2. believed it was possible to kill the real person in SAO.
3. Jealous not robbery as motive.

enough for a real life murder charge?
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Old 2012-08-12, 00:30   Link #112
sky black swordman
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^ IMO yes it should.
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Old 2012-08-12, 01:38   Link #113
Znail
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Quote:
Originally Posted by Xellos-_^ View Post
the case of Grimrock

1. premeditate
2. believed it was possible to kill the real person in SAO.
3. Jealous not robbery as motive.

enough for a real life murder charge?
He also wanted to kill his wife, not just the avatar of hers. Quite a bit of difference there compared with other PKs in SOA.
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Old 2012-08-12, 03:38   Link #114
Clarste
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Depends on the reasonableness of his belief that killing her avatar would kill her in real life. You can't get charged with attempted murder for using voodoo dolls and praying for someone to die, for example. Given the witness testimony though, it seems pretty reasonable.
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Old 2012-08-12, 03:47   Link #115
Calca
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Being one who created the RL RPG thread, please send all relevant posts here for their in game way of life.
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Old 2012-08-12, 04:34   Link #116
Alucard24
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Quote:
Originally Posted by Clarste View Post
Depends on the reasonableness of his belief that killing her avatar would kill her in real life. You can't get charged with attempted murder for using voodoo dolls and praying for someone to die, for example. Given the witness testimony though, it seems pretty reasonable.
He use a killing helmet, it's a way more "active" way than a voodoo doll ....
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Old 2012-08-12, 04:51   Link #117
Clarste
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Quote:
Originally Posted by Alucard24 View Post
He use a killing helmet, it's a way more "active" way than a voodoo doll ....
He doesn't know the helmet kills people. A giant cloaked figure appeared in the sky and told him. However, this cloaked figure also claimed to be the guy who tricked everyone into buying the game in the first place, so it's unclear how reliable his word is. The simple fact is that Grimlock has no way to know for sure that killing his wife's avatar would kill her in real life. It's just a guess, something he's taking on faith. If I was his defense lawyer, I would surely emphasize this.

However, I also said that there are enough witnesses who would claim that it was a very reasonable belief for everyone trapped in the game. So it's not a very strong defense.
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Old 2012-08-12, 06:09   Link #118
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^ Maybe so, however this "giant cloaked figure appeared in the sky and told him" and showed him proof in the form of news reports from the real world.
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Old 2012-08-12, 06:14   Link #119
Clarste
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It's easy enough to make up news reports. Especially when they're floating 50 meters up in the sky and you can't look at them closely.

Anyway, I already said that a court would probably find the belief to be "reasonable" but it's not nearly as clear-cut as you're making it sound. It's not like he shot her with a gun or stabbed her with a knife. Causality is very important.
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Old 2012-08-12, 07:05   Link #120
zero7090
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Well when they are stuck inside the game for 2 years and yet the police didnt try to pull the cord. Then they know Kabaya is dead serious. Let face it, if people didnt die then what stop the police from shutting down the serve?
Also i believe that gov can easy set up servers to read every data sent to SAO servers. This shouldnt be hard since they have physical access to the servers and infrastructure.

Btw, if i lock people inside a safari, give them some toy gun that shoot plastic bullet then tell them the only way out is to kill the big boss lion in this safari by those gun and if you shoot other people they will die too. So will people be charged for murder with their defence "i dont know those plastic bullet can kill people"?
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