Digital Property Law [was RE: [MUD-Dev] Selling training]

[Timothy Dang]

On Sat, 24 Mar 2001, Joe Andrieu wrote:
> Steve (Bloo) Daniels wrote:

>> And I think you could have a system that achieves the same result
>> you want without resorting to property law issues.
 
> I think such a system is property law, but perhaps that's just a
> semantic abstraction that means different things to you than to me.

That's been a difficulty for me with the"property rights rule!" school
of thought. I admit that it isn't part of my focus in study, so I'm
not very informed. But it appears to me that there is some confusion
over what "property rights" means in the way they use it. On the one
hand, they seem to be using "property rights" as shorthand for "legal
predictability". They point out that if the law (or the way the law is
enforced) leave uncertain who has the right to control what, or what
one has to do in order to acquire control, then there's likely to be
conflict.  On the other hand, they tend to extend the lessons about
the importance of predictability to more traditional notions of
property rights.

So, I'm not sure whether the term is enlightening or obscuring.

Regardless, MUD stuff below...

>>> I argue that if it doesn't already exist, then it will.  Property
>>> rights allow people to engage in transaction that they otherwise
>>> wouldn't.  Why pay $1000 for the Mofo Sword if I'm just > going to
>>> get PK'd and lose it as soon as I leave the store?  I won't.  But
>>> give me property rights enforced in some way by the system and I
>>> will.

In spite of the skepticism above, I think a property rights
perspective can be very useful for some analysis. But, like other
economics, I think you have to be careful in how you apply the tools
in MUDs.

For instance, the classic issue of "property rights" problems that
arises in MUDs isn't over who owns what sword, but rather who "owns"
the right to kill a particular mob, and get the loot and experience
from that mob.

Also, you have to keep in mind that even when standard economics
provides a good *description* of a phenomenon, it may not provide a
good *prescription*. In some instances, the conflict which can arise
from ill-defined property rights is exactly what one wants in a
MUD. Similarly, Matt's mechanic that disallows trading of certain
items flies in the face of standard motivating explanations for
property rights, but serves Matt's purposes well.

I'll keep quiet on anticipating what legislatures or courts will
decide on digital property rights, they've surprised me too many
times.

------------------------------
Timothy O'Neill Dang / Cretog8
520-884-7261
One monkey don't stop no show.




_______________________________________________
MUD-Dev mailing list
MUD-Dev at kanga.nu
https://www.kanga.nu/lists/listinfo/mud-dev