[MUD-Dev] BIZ: Markee Dragon

[Derek Licciardi]

From: Mike Shaver
> On Sep 13, katie at stickydata.com wrote:

>> I do agree that admitting that in-game items are worth real-world
>> cash money is fraught with potential problems of a variety of
>> natures, and is also largely uncharted territory.

> I think the most effective defense here is to push everything back
> into the service space.  You are not selling a sword.  You are
> selling the act of "transferring" a sword from one character to
> another.  (Does eBay permit auction of services?)

> You might choose to give another character this sword because they
> are a RL friend getting started; because they have performed a
> compensatory service in the game, such as transferring another
> item to you; because you still think that everyone who roleplays a
> flirty girl/boy really is one; because they put $35 in your paypal
> account.

> Giving someone $35 might be a good way to make a RL friend, in
> fact.  Strong opening move, if nothing else. =)

Sure the issue has game play ramifications that could be shown in a
good light as you have done.  I even agree with many of them when I
am thinking like a player.  The issue though has legal ramifications
that this does not address.  It's not very different from the RIAA
in this respect.  Give up the fight against illegal use of your
product/service and some enterprising lawyer with the right set of
judges is going to be able to sell the idea that the product is not
even yours and hence create common law about the issue.  Good luck
getting it turned over once the precedent has been set.  That's what
this issue is all about; preventing the law from becoming one in the
first place. Giving in to the market in that respect just lets it
happen faster.  Even though many of us would love to play the role
of fighting for the people's right to profit off something they
didn't create, we can't.  In reality, if your planning on running a
commercial game, you have to at least oppose the whole idea from a
business standpoint to avoid having your entire product turned over
like it was public domain.  Investors don't invest in public domain
IP.

As a developer or publisher you simply cannot take the "It's
inevitable..." stance until the law surrounding the use of digital
content significantly improves.  Until then the water surrounding
the issue has to be kept as murky as possible while the LAW and
COMPANIES figure out how to deal with the issue.  One needs the
other for the solution to be real.

Derek
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