[MUD-Dev] BlackSnow sues Mythic for online property rights

Rudy Fink rudyfink at rice.edu
Thu Feb 7 05:49:50 CET 2002


Matt Mihaly wrote:

> Suing because only people who work hard and long to succeed can
> win. Lovely.
 
> Out of curiosity though (and maybe Dave Rickey can't answer this
> due to the lawsuit), what's the logic behind allowing people to
> give away items, but not sell them? Is it just because the
> incentive for monetary profit makes something you don't like
> (maybe you don't care about people giving away items. I have no
> idea.) worse? Or is it because the playerbase objects to this
> practice, and you believe you're carrying out their will in trying
> to stop this practice?

  1) Decrease of customer service complaints (scammed items,
  acounts, exchanges, etc)

  2) Potential liability issue if game currency becomes valid
  (unlicensed gambling, monetary loss of banned account, etc)

Well constructed EULAs should effectively limit liability.  The user
is purchasing a service and that service is provided under the
stated terms.

I have felt a legal challenge to this coming for a while.  Users
invest a huge amount of time and in some cases personality in their
online characters.  Under most commercial EULAs users have no rights
to anything related to their avatars.  Regardless of the contract
they recognized many feel it is their property and/or identity.  The
loss of 0 - 4000 + hrs of time does not come easily for some.

I would be quite surprised if ME looses.  In the long run I would
expect growing rights for avatars from legal or market forces.

~! Rudy

P.S. Above are IMO and IMNAL

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