[MUD-Dev] Blacksnow revisted

[amanda at alfar.com]

"Caliban Tiresias Darklock" <caliban at darklock.com> wrote:

> If the license cannot legally forbid players to do something, it
> does not matter whether it forbids doing that or not.

True; but conversely, if the license explicitly permits something
(Mythic banning accounts based on behavior, at its option), then it
does not matter whether or not BlackSnow is inconvenienced by this.

> Mythic can't say that. It's beyond their rights as a vendor of
> goods and services. You can't sell me a product on the condition
> that I don't do certain things with it after I own it,

Of course I can.  Record companies sell you CDs on the condition
that you don't copy them, rebroadcast them without paying a royalty,
etc.  For that matter, even non-intellectual property (such as real
estate) can come with restrictions, covenants, etc.  I am, for
example, not allowed to build a radio tower in my back yard or put a
neon sign in my front yard without approvals and permits.

> and you can't sell me a service on the condition that I *don't*
> purchase certain services from others. These are anticompetitive
> practices. So even if Mythic's EULA says things like that, it
> can't legally enforce them.

Anticompetitive practices are not illegal in and of themselves.  If
I buy a ticket to see a movie, they can can will kick me out if I
bring in outside food, a video camera, etc.  They are perfectly
within their legal rights in doing so.

> I'm ignoring the rest of the message because it completely missed
> the above distinction and I don't feel like editing EVERY analogy
> to account for it.

Mythic sells you a ticket to their amusement park.  One of the
conditions of that sale is that you abide by the posted regulations
of that park, and that they may remove you from the park at any time
if they do not like your behavior.  This is completely legal.


Amanda Walker
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