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

[Steve {Bloo} Daniels]

Jeff Cole wrote:

> This case is hardly cut and dried.

IMAL Disclaimer: I'm a lawyer but I'm not your lawyer, or hers, or
his, or anyone else at the moment.

Actually, this case is pretty cut and dried *if* the EULA stands and
is enforeced.  Or rather, it *should* be.  Never underestimate the
ability of a judge to completely mangle and mix intellectual
property theories across its distinct boudaries, i.e., applying the
theory for one to a case about another, such as trademark theory in
a copyright case.

If the EULA doesn't stand, it could get scary.

> With respect to the selling of items (as opposed to accounts), it
> speaks to some very fundamental legal concepts of "property."

Well, before you get to the property question, it's important to
look at the contract question, the selling and buying.  Extremely
brief definition of a contract: "legally enforceable agreement".

If the mechanisms for accomplishing the agreement, exchanging the
promises, whichever phraseology you prefer, are in question (and I
think they are here both because of the EULA and the nature of
internet gaming regarding connectivity, etc.), the ability of
*anyone* to enforce an agreement becomes precarious.

> I think Blacksnow has a strong legal position (with respect to
> items).

And I find myself unable to keep a straight face while reading it.
And the brief . .  Oy!  My law professors would have returned it
ungraded.

:-)

-bloo

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