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

[John Buehler]

Dr. Cat writes:
> (John Buehler)

>> In brief, if players want to be able to transfer the privileges
>> that they have paid for, they have to subscribe to a company's
>> entertainment that includes the privilege of transferrance.  As
>> an example, the leasor of an automobile is not obligated to
>> permit you to transfer the lease to another person.  Same thing
>> with a rented home.

> One slightly odd aspect of this case, though, is that apparently
> Mythic DOES give players the privilege of giving each other money
> and items in the game.  Whatever their motivation for giving stuff
> to another player, or even if there's no motive at all other than
> random generosity to strangers, it's permitted to give things away
> in the game, is it not?  Apparently Mythic feels it only becomes
> unpermissible if the giving is preceeded by a certain real-world
> occurence - i.e. the recipient agreeing to give real world cash to
> the giver to motivate them to give the virual item or money.

There's no question that enforcement can be a challenge, but cases
like eBay and BSI appear to be enforceable.  Users of these services
are clearly stating that they want to do something that violates
Mythic's EULA.

> Which brings to mind yet another odd thought.  Suppose for a
> moment that the courts rule in Mythic's favor, all the way up to
> the Supreme Court, and the law of the land is now officially that
> it's legal to give someone your Magic Sword of Oyster Slaying for
> free, but a violation of your contract with Mythic if you arrange
> for them to pay you cash to give it to them.  Now let's
> fast-forward to six months after the ruling...  A Mythic employee
> is logged into the game, and watches as a powerful knight walks up
> to a novice player and says "Hey Roderick!  I've been looking for
> you.  Here is a powerful +87 Sword of Holy Ultimate Oyster
> Slaying, for absolutely free!  Here you go!"

Academically, that's a problem.  At a more practical level, I doubt
that's what Mythic is worried about catching.  In order for true
harm to come to the model that Mythic is apparently attempting to
pursue, the transfer of control of game items for money has to be
done in a public and fairly widespread way.  I doubt that it can be
widespread without being fairly public.

> Of course Ebay is convenient when you want to buy an extra 10,000
> game coins, and deep underground caves are only for people with
> way too much free time.  But I suspect if the way of things
> becomes that the game companies CAN keep trying to forbid the sale
> of game items, they'll just drive the Ebay item economy
> underground, as the players establish little hidden exchange
> places and auction places that shut down and move around whenever
> the game company gets wise to one and forces them elsewhere.

The more underground it goes, the less of a force it will be.  There
are always underground movements, but their size is typically small.
When they cease to become small, they usually become known - and
that usually results in some kind of legal action.

> Attention is the currency of the future.

I'd be interested in hearing more of what specifically you mean
here.  The two snipped paragraphs that went with this one-liner
didn't help me, unfortunately.

JB

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