[MUD-Dev] Blacksnow revisted

[Christopher Kohnert]

On Fri, 2002-03-29 at 08:49, Jessica Mulligan wrote:
> At 12:03 AM 3/29/2002 -0800, "Caliban Tiresias Darklock" 
> <caliban at darklock.com> wrote:
 
>>> 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, 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.
 
> Your thesis is flawed by the assumption that the players do, in
> fact, 'own' the characters they play in the game and that what is
> taking place is transfer of ownership.  The key here is that
> Mythic isn't selling, it is licensing, in effect leasing, the use
> of the game for specific purposes.  It maintains ownership of the
> 'goods.'  In that sense, it is no different than a car rental
> agency forbidding you to sell a car you rent to your neighbor.
> Mythic is well within their rights to say "You can't purchase
> services from others that involve transfer of ownership of my
> property without my permission."

An observation... your last sentence here seems to contradict your
second one. If the player doesn't own anything in the first place,
then the person he 'sells' it to doesn't own it either -- ownership
isn't a factor at all. What you've really done is merely pay to move
some data around in Mythic's database(s).

Chris



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