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

[Derek Licciardi]

<<EdNote: Quote trimmed>>

From: Steve (Bloo) Daniels
> Rudy Fink wrote:

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

> IMAL Disclaimer: I'm a lawyer but I'm not *your* lawyer.

> This case is all about the EULA.  I gave it a look-see.  It's pretty
> well-constructed.  If the EULA is determined to be valid, I think it
> is fairly clear that Mythic would win a summary judgment motion and
> BSI would be SOL.

...

> What's the hypothetical worst case?

>   Mythic makes a movie based around my character Almanzor (28th
>   level scout) that makes Jackson's Hobbit moves a forgotten
>   bystander on the clearance video racks.  And I don't get anything.
>   I played under the license.  Without the license, I can't play
>   and/or create.

...

> The golden rule of IP is still the best: Keep it to yourself until
> you've got a contract.

I've been following this discussion since it began on this thread.
What are the chances that someone with legal expertise could discuss
this at GDC?  With our game, we were planning on using broadband to
allow various player submitted content pieces.  (music, stories,
...)  Am I the only one petrified about the possible outcome of this
case should it become common law and not be settled outside of
court?  The questions are rather large if you ask me.  Shadowbane
decides to let players run their own cities.  Our game, Ages of
Athiria, is doing something along the same lines.  I can see players
demanding that we turn over all of its player created Athirian
assets because the time spent developing them is theirs and our EULA
doesn't convert it properly to ours or some state views it as an
unenforcable contract.(precipitating other states to follow suit)

Perhaps there is a way to structure it where there can be joint
ownership by the players and the developer?  I can't imagine how,
but then again I am not a legal expert.  I now know that we need to
talk with a lawyer about our in-game content plans before we go
public with a game.  Like the AOL case, I suspect many of us are
anxiously awaiting the courts decision.

Derek
www.agesofathiria.com

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