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

[Amanda Walker]

On Thursday, September 25, 2003, at 09:41  PM, Jeff Cole wrote:
> From: Matt Mihaly

>> More important is whether the virtual universe is 'real' or not.

> Actually, most important is how valuable are the objects of
> concern.

Indeed.  Money, for example, has been virtual since the days of the
Knights Templar (the inventors of the bank draft), and these days
most of it exists as entries in databases just as much as platinum
in EQ--the major difference consists of which database it's in.
However, its virtuality is quite independent of how "real" it is, or
what laws and regulations apply to it.  Property is also largely
virtual.

> The objects in question are "real" because a sentient person has
> the right to control, and exclude others from controlling, such
> objects.  That's what makes them "real."  The value doesn't inhere
> in any tangible aspect of such object anymore than the value of a
> stock certificate inheres in the paper and ink of which it is
> composed: it inheres in the legal rights that the certificate
> affords the owner.

This is why game EULAs are so firm about stating that players do not
acquire any property interest in any in-game assets.  At best,
in-game assets are rented or leased, not sold to the player.

> Regardless of whether they're isolated or not, it's the *real*
> world value and the *real* world player's right to exclude (and
> transfer to) others that the law is going to address.

I agree.  And I think that, given the current state of game
technology, that it's going to be difficult for anyone to convince a
court that in-game objects have real value outside of the game, and
that property rights therefore apply, even assuming than an EULA
stating otherwise gets thrown out.

In particular, control of in-game assets is only transferrable
*within the game context*.  If I "buy" EQ assets on eBay, I can't
use them unless I have an EQ account--my control of those assets
(and their very existence) is mediated and limited by the game
provider.  Buying and selling platinum is like buying and selling
concert tickets--yes, they have value, but that value is so highly
constrained and context-dependent that the only reasonable analogy
is to authorization, not property.

Amanda Walker
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