[MUD-Dev] BIZ: Who owns my sword?

[Ren Reynolds]

From: Corpheous Andrakin

> It's time for a look at the virtual laws of the world and realize
> that it's time for some change to go on.  The laws of old no
> longer apply to today's world.  So who owns the sword?  The answer
> is simple.

> It's a rental.

Sorry to bang the same drum but: swords, player-characters \
avatars, gold or just about any other virtual items are not owned by
anyone.

The reason is that they do not fall under any current definition of
property.

They fail to meet the requirements of copyright either as software
(because they are not code but data), or a collection (because
copyright does not subsist and because of the nature of selection of
the collection and the idea \ expression dichotomy) or under EU law
a database (because of the collection criteria) or a derivative work
(as copyright needs to obtain). You can't trade mark them because
they are not a 'mark' and you cant patent them (as individual items
rather than the underlying design in a given system) as they are not
inventions.

For a long and very legal explanation of this see either my latest
paper:

  Hands off MY avatar ! Issues with claims of virtual property and
  identity:

    http://www.ren-reynolds.com/downloads/HandsOffMYavatar.htm

Or Molly Stephens's paper:

  SALES OF IN-GAME ASSETS: AN ILLUSTRATION OF THE CONTINUING FAILURE
  OF INTELLECTUAL PROPERTY LAW TO PROTECT DIGITAL-CONTENT CREATORS

    http://www.mollystephens.com/Note.htm

ren
www.renreynolds.com
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