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Mythic Sued Over Blocking Auctions of Game Tokens

Lukenary writes: "Mythic Entertainment, creator of the excellent MMORPG Dark Age of Camelot, is being sued by BlackSnow Interactive, owner and maintainer of CamelotExchange - an online auction site for the exchange of in-game items, money, and characters/accounts. This could be a landmark case: if you spend (typically) weeks of playing time to garner 1,000 gold in-game, do you have the right to auction off that gold for real money? Mythic has not yet had an official response to the suit, but you can read BSI's press release at the CamelotExchange site above. Personally, I find it interesting that BSI is going after DAoC, calling Mythic a "software giant," while ignoring the more established compettion in EverQuest producer Sony, Asheron's Call producer Microsoft, and Ultima Online producer Electronic Arts. Mythic's only product at this time is Dark Age of Camelot, which was released last October."

175 of 513 comments (clear)

  1. read the TOS by kochsr · · Score: 2, Insightful

    i would say if you agree to the TOS when install and sign up for the game, you are bound by it. if it says no dice... no dice.

    1. Re:read the TOS by Rude+Turnip · · Score: 2, Interesting

      If you're under 18, you cannot be held to the terms of a contract. I wonder if such individuals are free to do as they please then?

    2. Re:read the TOS by Rude+Turnip · · Score: 2, Interesting

      What about the Visa Buxx card designed for kids?

    3. Re:read the TOS by Sancho · · Score: 2

      This is not entirely true. You don't pay for the first month, and although they ask for the CC #, you don't have to provide it until that first month is over.
      Kind of a tangent to the original argument, but a 6 year old COULD go to the store, buy the game, install it and play it for a month.

      Sancho

    4. Re:read the TOS by Jack9 · · Score: 2, Interesting

      A TOS or any contract (including non-disclosure and employment contracts among others) cannot act as a barrier of trade. In other words, you cannot be bound by a contract that says "I agree that I wont buy a car". How this works out for electronic "possession" is what the courts have to decide.

      --

      Often wrong but never in doubt.
      I am Jack9.
      Everyone knows me.
    5. Re:read the TOS by Anonymous Coward · · Score: 3, Interesting

      bigger issue is taxes.
      if virtual items have real value then they are
      assets-taxable assets.
      if your magic sword has value of $50
      then you made $50 when you got it.
      you should file tax return on it.
      irs will want their share.
      what about all other items-dungeon of gold?
      irs will say company owns it since you dont.
      then irs will ask for tax money.
      company must stop real world value of items
      or get big tax bill. also irs audit of server
      for mega players is very easy-then you get
      bill for your players armour of gods and sword of
      anything slaying in dollars not gold.

    6. Re:read the TOS by h4v0k · · Score: 2, Insightful

      i would say if you agree to the TOS when install and sign up for the game, you are bound by it.

      Unless, of course, the terms are unfair or unlawful. If they decided to make indentured servitude a requirement for gameplay, would it stand? Of course not. The only question being asked is how many restrictions the game companies can lawfully impose on the real world.

      - Havok -

    7. Re:read the TOS by Anonymous+Brave+Guy · · Score: 2

      So you pay them in virtual gold bars, right?

      Or just fireball them to death.

      Hey, wow... Somewhere you can shoot arrows at the tax man and then stab him to death! Careful, this could catch on...

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    8. Re:read the TOS by GTRacer · · Score: 2
      Nope, it's more like a mutual fund or similar financial instrument. There may be thousands of dollars of shares in it, but until I cash out or receive dividends I pay nothing in taxes.

      Virtual items are the same way - you can argue relative worth all day long but until somebody forks over the dough, it's not real (or taxable).

      And yes, I'm aware IMHBT. IMHL. IWHAND.

      GTRacer
      - I am not a tax professional

      --
      Defending IP by destroying access to it? That makes sense, RIAA/MPAA. Go to the corner until you can play nice!
    9. Re:read the TOS by GeneJoker · · Score: 2, Interesting

      Query: What exactly IS the limit you can put in a TOS? Is there a legality limiting the kind of things they can ask for? If you reread a TOS of a game you just installed and discovered that the company now owned your house, would you have to move?

    10. Re:read the TOS by DerekLyons · · Score: 2

      i would say if you agree to the TOS when install and sign up for the game, you are bound by it.

      Unless, of course, the terms are unfair or unlawful.


      Unlawful terms in a contract are prohibited bu law, however the law assumes that both parties to the contract, by the act of signing the contract, agree that the terms are fair.

      It's really, really, actually simple:

      If you don't like the terms, don't sign the contract or accept the TOS.

  2. Let's rephrase this a little. by Cuthalion · · Score: 5, Interesting

    Is it acceptable / legal to hire people to play the game for you?

    Is that the same question or not? I think it basically is.

    --
    Trees can't go dancing
    So do them a big favor
    Pretend dancing stinks!
    1. Re:Let's rephrase this a little. by Suppafly · · Score: 2

      actually its not the same thing at all..
      consider if you will nascar racing.. its my understanding that all those ads on the side of the car basically pay the person to drive it.. now when that person wins, they still get the trophy.. not 7up or whoever..save thing with online crack.. you could sponser someone playing if you enjoyed the act of them playing or something.. but its not really the same thing as if you paid for the account, paid someone to play on said account and then later took the credit for it.

    2. Re:Let's rephrase this a little. by WNight · · Score: 2

      What everyone is missing is that the ToS can state damn near anything, but if they are binding is another question.

      NASCAR may forbid people to sell the trophy, but if the drivers own it (do they keep it forever, or have to return it each year) they can probably do whatever they like with it.

      In fact, NASCAR may not legally be able to act in a prejudicial manner towards a driver (forbid him to compete) based on things they can't legally forbid the driver to do so.

  3. Guilty by EvilJohn · · Score: 3, Insightful

    I feel almost guilty over this, as I'm rooting for the game companies here. As an alienated EverQuest player (what do you mean the stats don't matter?), this is difficult to stomach.

    As a casual player, its hard enough playing against people with no lives who play 12 hours a day, muchless the farmers who play for a living.

    --

    Less Talk, More Beer.
  4. Crazy by cdrj · · Score: 2, Insightful

    This is ridiculous. These people have spent the time to obtain the rankings and items which means they should be allowed to sell them. What they are selling is what they have created. If someone decides to type a book in Word they should be allowed to sell that book at their will.

    1. Re:Crazy by batkiwi · · Score: 5, Insightful

      You're missing the point.

      They are not creating anything. All the action happens on mythic's servers. Mythic can decide what can and cannot be done on their servers.

      It's nothing at all like typing a book in word. It'd be like you searching for pages on google, and then saying that you can sell those pages because you spent your time searching for them, and you're allowed to sell your time.

      While you can sell your time, you can't sell something that doesn't belong to you.

    2. Re:Crazy by shepd · · Score: 2, Insightful

      Okay... lets think of it this way.

      If I ssh into my ISPs shell box (that I pay per month for) and type in a book on their hardware and their CPU cycles do they own it?

      I think a long history of legal arguments would say no.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    3. Re:Crazy by ADRA · · Score: 2, Informative

      It was brought up when the EQ post came up, but let me repeat my point with some flavor added in to support,

      It is just a game. You have no rights to sell a virtual entity which is owned by Mythic without their permission.

      I can't believe this community is so outraged in NO having Intelectual property over the characters and items that they creat.. Ironic, you bet.

      About the word example, you could only sell it because word allows you unlimited access. Some Compilers don't give you 100% freedom over your code, like Kylix Open Edition. Your code must be GPL. Are you fighting Borland tooth and nail to MAKE them release it under totally free distribution? No.

      If you really want ot think about it in a cold work oriented way, You are paying Mythic for the right to use their intellectial property under the restrictions of their EULA.

      Personally, I don't care if someone sells items on a web site, or in-game. As long as the financial benefits to the average player are not raised to a viable level, there shouldn't be a disruption in the game itself. People in AC sanctioned or not, have been trading stuff for years out-of-game, and I haven't found any in-game problems related to it. Mind you, EQ and DAOC are more economy based, so I suppose that there might be issues with them.

      --
      Bye!
    4. Re:Crazy by ADRA · · Score: 2, Insightful

      And if any of these games were free markets, then that would be alright, but the point is that they aren't. They are closed and tariffed to death.

      Imagine needing to fill out an employment contract with Mythic before playing their game. If you are making money from Mythic, someone is going to get taxed.

      All major MMORPG's are in the states, and do think that if they actually pushed to have out-of-game rewards that someone wouldn't have to pay taxes? Bull, and you know that Mythic isn't going to flip the bill, so that is why In-game equity has no real world value, and should be banned by the makers of the games.

      If someone wants to break the law and sell thier virtual properties, then that is the individual's choice.

      --
      Bye!
    5. Re:Crazy by shepd · · Score: 2, Insightful

      I also hate to flame so I won't do it. I'll stick to facts. Here's one: resorting to arguments like "idiot" is the mark of an underdeveloped mind which is having trouble reasoning out a poor argument.

      Putting that aside, when does copyright begin and end? Well, let's just see what the dictionary says.

      To shorten the time you'd need to spend clicking, I'll quote the relevant, supporting bits:

      "The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work."

      Ok, so what is an author? Here's the relevant quote for the lazy again...

      "The writer of a book, article, or other text."

      Now, let me requote what you replied to:

      "If I ssh into my ISPs shell box (that I pay per month for) and type in a book on their hardware and their CPU cycles do they own it?"

      So, are Merriam, Webster, and the lads at Oxford idiots also, or would you like to retract your statement? Your only other choice is to refute me on the point that typing is not writing, but I've already got that one looked up. Or you could tell me you replied to the wrong comment, but then I'd ask why you typed in my name?

      I contend I am correct, and I challenge you to prove me wrong.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    6. Re:Crazy by jgerman · · Score: 2
      It is just a game. You have no rights to sell a virtual entity which is owned by Mythic without their permission.

      I can't believe this community is so outraged in NO having Intelectual property over the characters and items that they creat.. Ironic, you bet.


      Wrong, wrong, wrong, wrong wrong. You might as well say I can't sell my bopy of "Programming Perl" without O'Reilley's permission. Of course you'd still be wrong, you have the right of re-sale of anything you purchase. It's that simple. In fact the whole matter is fairly simple. You can sell whatever you want Mythic's EULA notwithstanding. They cannot stop you, at least directly. What they can do is deny you access to their servers for any reason. Legally, they may have to refund your money and possibly the price of the game pro-rated of course but they do have that right. There is absolutely nothing wrong with them stating up front that any items or characters that are sold to another person will be blocked.

      --
      I'm the big fish in the big pond bitch.
    7. Re:Crazy by M@T · · Score: 2

      No but if I want to put together a list of sites and documents on the internet related to a particular topic and then sell that list (ie. research) to someone else for the time and effort... would it be right for google to prevent me from doing this just because I'm using their search engines?

      --
      'sapientia potestas est'
    8. Re:Crazy by DerekLyons · · Score: 2

      you have the right of re-sale of anything you purchase.

      That's very true, *for things you purchase possession of*. It does not necessarily apply things to you rent, lease, or otherwise purchase *access to*. The simple transfer of money is not an indication that you have taken possession of something, the contract under which the exchange was executed determines what was actually purchased, property or access.

  5. You have to look at it from both sides. by jidar · · Score: 5, Insightful

    A lot of people think that because you did all of this work for your item in game then you should be able to do what you want with it, and there is something to be said for that. Unfortuantely in the grand scheme of things it's not so simple. A problem arises when a lucrative market springs up, then you have people who use the game as a means to make their living in the real life.We call these item farmers. These people are a problem for the game system because they spend vast amounts of times gathering items and resources in the game beyond what their character could possibly want or need. These items are of limited availability (they all drop on spawn timers or on a rare percentage of monster kills) so this results in the actual players of the game being pushed out. This of course works for the item farmer because it helps to create the market.

    Creating and then maintaining a sustainable economy is a very difficult thing to do in an MMORPG (indeed, nobody has done it yet) and item farmers just make it more difficult.

    --
    Sigs are awesome huh?
    1. Re:You have to look at it from both sides. by Demonix · · Score: 4, Insightful

      Well, the solution to this problem is actually quite simple:

      DONT MAKE THE FREAKING GAME SO HARD OR TEDIOUS THAT IT MAKES MORE SENSE TO JUST PURCHASE THE ITEM/CHARACTER INSTEAD OF GETTING IT YOURSELF!

      Honestly! If you make a leveling treadmill where item spawns are few and far between, thier scarcity gives them real world value. After looking at how long it took me to get to lvl 40 in everquest (7 months of hardcore play) I would much rather pay 600 dollars for a 40th lvl character with decent gear than play through the tedium and hell levels. That, to me, incdicates a broken game.

      Of course, the Devs don't get this. UO was the greatest game of this genre ever made, simply because it wasn't a leveling treadmill (per se).

      Too bad everyone's copying everquest. Phaugh.

      --
      when all is said and done, all a man has left are his blades and his honor.
    2. Re:You have to look at it from both sides. by Anonymous Coward · · Score: 2, Insightful

      I think the Devs and game designers understand the situation very well.

      You played 7 months of Everquest.

    3. Re:You have to look at it from both sides. by ShadowDrgn · · Score: 5, Insightful

      Mythic did a good job with items in the game in regard to this actually. All special item drops from quests, either NPC story quests or simple "kill the named monster" quests can only be done once per player. There are no spawn timers for uber items. The rarity of monster item drops is also pretty high; you can get any specific item you want in a few hours of killing the same monster type, or at most a day. Plus, Mythic designed items so that player crafted ones will be better than what the monsters drop anyway, so there isn't much real money to be made stocking up on monster drops. Also, items decay with use so if you buy some cool weapon, you're going to lose it eventually.

      The site in question only does exchanges for gold and accounts. Buying an account in DAoC is a bad idea because most of the fun of the game comes from playing in a guild, or working with your realmmates in fighting the other realms. If you buy a high level character, people in your realm probably aren't going to like you that much, and thus you'll be excluded from most of the fun in the game.

    4. Re:You have to look at it from both sides. by ZeroConcept · · Score: 2, Informative

      This is not a troll, if you don't agree with my opinion, that doesn't make it "troll", "flamebait" or "offtopic", I metamod accordingly.

      I have played both EQ and DaOC.

      In DaOC:
      Items decay with use to the point where they are no longer useful.

      In EQ:
      Items don't wear out, that means rare items cannot remain rare for long.

      In DaOC:
      - You get bonuses by using items closer to your level and penalties for using items too high for you. If you use an item that is too high for your level it decays very fast.

      In EQ:
      - You can wear mostly anything regardless of level. Twinks love and exploit this, rare items become common as players farm them and the items end up in the hands of players that otherwise would have no chance of aquiring the item on their own.

      In DaOC:
      The penalty for dying is loosing some exp and having to pay a small amount of cash for getting your constitution restored(no item loss). This is not a big thing which encourages exploring new zones. Clerics also get resurrect spells quite early in the game (lvl 10). Binding to zones is also less restrictive and equal to all classes.

      In EQ:
      Dying in a bad place carries a big penalty, you have to retreive your corpse or you will loose all your stuff after a few days. If you died in a dangerous area, prepare for a long downtime. Clerics at EQ get rez arround lvl 30ish. My point is that dying in EQ is more traumatic.

      In DaOC:
      Traveling back and forth between zones is easy, you can use a horse at any level by paying a very small amount of cash. It is also very safe to travel by foot.

      In EQ:
      No horses unless you are high level, traveling by foot is very time consuming and dangerous as you progress in levels. Zone designers make zones full of hills to make this even more difficult.

      Again, this is an opinion based on personal experience. If you feel the urge to respond negatively, I urge you to play DaOC and join the ex-EQ support group.

    5. Re:You have to look at it from both sides. by nehril · · Score: 2

      if the game is too easy, then you probably wouldn't spend 7 months (paying fees) playing it.

      What I don't get is why these companies just don't make it impossible to item farm. Make the big ticket items nodrop (can't be dropped or given to another character). Want the Slothful Sword of Everslaying? get it yourself, or not at all. Poof, item farmers get day jobs.

      As for character trading, why not have a "master" account that is tied to your credit card number? This master account can create any number of "game" characters. But the master account can only play as it's own game characters. Poof, no more character trading, unless you are also willing to trade your ccard number in the transaction. Poof, character ranchers get day jobs.

      Poof, everyone else continues to have fun playing the game as it was designed and balanced. Forget the legal department.

    6. Re:You have to look at it from both sides. by zipwow · · Score: 2, Interesting
      You said

      Make the big ticket items nodrop (can't be dropped or given to another character). Want the Slothful Sword of Everslaying? get it yourself, or not at all. Poof, item farmers get day jobs.


      One must consider the side effects. Poof, all concept of trading items goes away. All the interaction from ,"hey, I got a vorpal sword of ogre thumping, I'd trade it for a zoopa club of unicorn thwacking" being gone makes the game much less fun. Nevermind the lootsplit issues. Why did the mage get the club, and the warrior get the wand? So you code around that, maybe. But what if you don't have defined classes? Its not a solution.

      As for character trading, why not have a "master" account that is tied to your credit card number?


      Bzzzt. Try again. You're going to have to have some way of changing address, name, and credit card number. Unless you're going to tell people that when they change credit cards, move, or get married that they have to start their characters over...

      This is a harder problem than you give it credit for.

      Zipwow
      --
      I don't know which is more depressing, that 2/3 didn't care enough to vote, or that 1/2 of those that did are crazy.
    7. Re:You have to look at it from both sides. by sabinm · · Score: 5, Funny

      I've never played one of these games before but imagine this.

      CharmScalper: So, we meet at the specified location.

      CharmBuyer: cut to the chase, Mack, you got the goods?

      CharmScalper: You got the cash?

      CharmBuyer: Yes, 500USD. It's already in the account.

      CharmScalper: Alright here are the goods. [CharmScalper drops the goods on the ground, and points Spear/Sword/Gun/MagicMissles at CharmBuyer.

      CharmBuyer: But, But, we had a deal!

      CharmScalper: Hasta La Vista, Baby! [CharmScalper carves up CharmBuyer and steals Item (now, I have no idea if you keep the loot after a kill or not. just go with me here). :)

      CharmBuyer: [Crying at his Desktop.] I'm calling the cops! I've been robbed! [dials police 911]
      Officer, I'd like to report an armed robbery.[Explains that he was held at magicmissle point and his Cloak of Radiance was stolen

      911/FederalBeeEye: OK, sir, you say the assailant was armed?

      CharmBuyer:Yes

      911/FBE: with magic missles?

      CharmBuyer: Yes!!!!!!

      911/FBE: What did the assailant look like.

      CharmBuyer: Ok, he was 75 pixels tall, he had a Sword of Ultimate chaos, and a helmet of confusion, and a cloak of invisibility!

      911/FBE: CLICK

      --
      http://cincyboys.blogspot.com/ Everything Cincinnati. Including the word 'Finnih'
    8. Re:You have to look at it from both sides. by Happy+go+Lucky · · Score: 4, Funny
      911/FBE: CLICK

      I'd love to take that report.

      "Sir, help me understand this a little better. You met "Charmscalper" at the Dragon and Orc tavern. You each drank two flagons of mead. He then shot you with a "magic missile," carved up your body, and stole your Cloak of Radiance and five hundred dollars. And he's about 75 pixels tall. Male? Female? Human? Hobgoblin? Any scars, marks, tattoos, anything like that? What was he wearing? What color eyes? Hair? Could you describe his voice? Anything special about his voice, accent, anything like that? We'll keep an eye out for him." (Aside to my partner: 'What caliber are magic missiles? Will they go through our vests?")

      I wouldn't hang up on him. Oh, no. I'd take the report and add it to the briefing book. I'd make sure this story NEVER died!

      It's even better than the guy who called us last year to complain: "I just bought an ounce that this guy said was kind shit, but it's pure skunk! I was ripped off!"

    9. Re:You have to look at it from both sides. by Rogerborg · · Score: 3, Insightful
      • After looking at how long it took me to get to lvl 40 in everquest (7 months of hardcore play) I would much rather pay 600 dollars for a 40th lvl character with decent gear than play through the tedium and hell levels

      Pish tosh. You wouldn't have paid that money up front because you had no big time investment in the game, and you won't pay it now because you've already put in the time investment so you don't have to buy a character.

      Here's the one clear message that EQ can take from your confused statement. You gave them your money for seven months, and you have another $600 to spend on Everquest. Sure, it might be broken, but it's good enough to get and keep you hooked.

      --
      If you were blocking sigs, you wouldn't have to read this.
    10. Re:You have to look at it from both sides. by WNight · · Score: 2

      Ugh, what a troll.

      "I Agree" means squat. They always ask for way for in those agreements than they can legally get away with, but they expect people to back down instead of go to court.

      Second, the characters and items are not property of mythic. You bought them when you paid your money.

      I understand why Mythic wants to stop item trading but that doesn't suddenly mean that their contracts are always binding and that they own everything.

      If they want a game you can't buy your way through they should damn well make a game you don't benefit from buying your way through.

      In fact, players of EQ and such should file a class action suit against the makers, for failing to provide a fair and open gaming experience and instead setting up a system where item farmers get rich.

  6. I find this disturbing... by ekrout · · Score: 3, Insightful

    I find this disturbing: people will pay more money for a fake character than they will spend on themselves.

    Think about it. I can imagine an unemployed guy sitting home bidding hundreds of dollars for some imaginary characters, while in the same breath complaining to his friends that he doesn't have the dough to buy a suit to go interview for a job.

    --

    If you celebrate Xmas, befriend me (538
    1. Re:I find this disturbing... by fobbman · · Score: 2

      Please understand that this, too, is covered under the umbrella statement "A fool and his money are soon parted".

      It's nice to see the pastey-skinned folks that spend all their time on these online games taking advantage of the people who are willing to spend top REAL dollars for someones hard-earned virtual bounty.

    2. Re:I find this disturbing... by jgerman · · Score: 2, Interesting

      What makes you think the money issued by the various governments of the world is any more real than that in a virtual world? Money is an imaginary construct, we all agree that it has value so it does regardless of whether is green an printed by the treasury department or belongs in a game.

      --
      I'm the big fish in the big pond bitch.
  7. Hoax, or stupid lawyers? by Xzzy · · Score: 2, Interesting
    Read the "legal documents". They use such choice words as "squash" in the letter, and instead of being able to quote exact monthly pricing, the most accurate they can get is "about ten dollars a month". Or "the genie has been let out of the bottle".

    I find it hard to take seriously something that uses such turns of phrase, but then again I've never been one to scour complaints. At any rate, the lawyers hired to represent these people appear legitemete, even if the document reads like a high school essay.

    Am quite interested in how it turns out.. this always was a sticking point between Verant and EQ players as well. Would be a nice precedent to have established in the books, because it would also cast shadows on the legitemcy of EULA's.

    1. Re:Hoax, or stupid lawyers? by Cato+the+Elder · · Score: 2

      Speaking of that, is the part where they claim* that the Defendents have "unclean hands" some legal term I'm not familar with or a joke? It sounds pretty odd, but then so do a number of actual terms.

      *Page 6, part (5) of (23), First Claim for Relief

    2. Re:Hoax, or stupid lawyers? by furiousgeorge · · Score: 3, Informative

      yup, it's real.

      "There is a doctrine in law called the "unclean hands" doctrine in which a plaintiff is denied any recovery because it comes into court with unclean hands (i.e., being guilty of some illegal or related misconduct), and the doctrine says (when the doctrine applies at all) that the court will leave the wrongdoers where they are and deny relief to them all in such a situation. "

      or more simply:

      "An ancient legal principle still in effect is known as the doctrine of unclean hands. The general guiding principle is that judges shouldn't allow courts to be used for improper ends, so only those who have clean hands can invoke the aid of the court. "

      thanks Google.

    3. Re:Hoax, or stupid lawyers? by RedWizzard · · Score: 3, Funny
      I find it amusing that a company of "seven full-time people" has a "Director of Sales". I guess the company structure is something like:

      1 x President
      1 x CEO
      1 x CFO
      1 x CTO
      1 x Director of Sales
      1 x Director of Marketing
      1 x Poor sap who does all the work.

  8. Easier Target by bollocks · · Score: 2, Insightful

    It's pretty clear why they aren't going after Sony,Microsoft or EA, that being relative resources. Do you want to get into a court battle with Microsoft and see who can afford it better?

    First they target someone small, and assuming they get a judgement in their favour they then go waving it in front of other courts as precedent when similar cases rise.

    I suppose I should mention IANAL but would anyone actually be stupid enough to base a case on legal advice from /.?

  9. Simple situation. by crandall · · Score: 2, Insightful

    People are making money off of *mythics* hard work; not their own.

    Just because a gamer has no life and plays 10 hours a day doesn't mean he has a right to be compensated for it. It is not a job, no one owes him anything.

    Players that sell accounts and objects for real money are capitalizing on the amount of work that mythic has put in to the game.

    I think if this is to be allowed, Mythic should recieve a cut of all sales. Of course, since this wouldn't happen, I think it's perfectly right for Mythic to disallow this practice.

    I mean really, if you want to make money, get a damn job. If you want to make money using games, become a game developer (Like me =) ).

    1. Re:Simple situation. by ekrout · · Score: 2

      I must say that you're making yourself look like a fool, which probably isn't fair since I'm sure you're a bright guy.

      First off, who are you to say what's worthy of being called a "job" and what's not? If I'm born with natural musical talent and can sing anyone else off the stage, does that mean it's not fair because I'm not doing a real job since I didn't create my own brain?

      You also say Mythic should get a cut of all sales. That's like saying Fender or Gibson should get a cut of all musicians' record sales because they made the guitars.

      Finally, I highly doubt that becoming a game developer is as easy as saying "I want to make money using games". You know that too, since you are one.

      --

      If you celebrate Xmas, befriend me (538
    2. Re:Simple situation. by evil_one · · Score: 2

      Not quite - the tools used to create the world, the tools used to create the music, are licensed or sold to the creators.
      The creators make the music, or game.
      The consumers play the game or listen to the music.
      If the consumers want to sell parts of the game, then the creator has the right make efforts to block it, same as music copyright owners making efforts to block the distribution of lyrics.

      --
      Desperation is a stinky cologne
    3. Re:Simple situation. by evil_one · · Score: 2

      And? Just because you help create something does not mean that you own it. Ever submit an article to reader's digest or a video to america's funniest?

      --
      Desperation is a stinky cologne
    4. Re:Simple situation. by evil_one · · Score: 2

      It matters not what you should or shouldn't be able to do after agreeing with a licence. Once the agreement is made, it's made.
      I should be able to do whatever I want with my computer programming assignments, but the teacher picks the licence. I agree with it, otherwise I don't get the marks.
      In this particular case, the users aren't even creating what they sell. They are selling items and tokens granted to them by the program.

      --
      Desperation is a stinky cologne
  10. Liablility by InferiorFloater · · Score: 2, Insightful

    I wonder if Mythic lost this suit (which I doubt), if they'd be liable for preventing fraud in the types of transactions BSI deals in.

    If I were Mythic, I'd be pretty worried about players getting ripped off and then turning to me for compensation. That may be why they take such an aggressive stance on the issue now.

    --

    ---------
    Get back to me when my brain starts working.
    1. Re:Liablility by IronChef · · Score: 2

      All the online games should allow the sale of in-game items/characters. Hell, they should FACILITATE it.

      Why not allow people to sell off EQ characters? It makes the game MORE FUN for some people, and it doesn't hurt anyone else. The company could even make some money by taking a cut of the transaction. People wouldn't even mind that, because if the sales were facilitated by the game's provider, they could engineer a no-scam system, and people would gladly pay for that safety blanket.

      The only conceivable balance issue is that over time the population of high-level characters would increase on the server, because people could make them and sell them, over and over over. But I doubt that this would impact the overall demographics of the game world much, because most people won't be willing to pay. If the game was well-designed (COUGH) it wouldn't even matter, because you have to solve overpopulation/camping problems ANYWAY.

      For that matter, why shouldn't the company allow people to buy items and levels directly from the game? "Close to that next level? Bump up your XP for $10! Lagging the pack? Level 50 on sale today for just $100!"

      If it ended up being a polarizing issue, the company could run some servers as commerce-enabled and others as old-school. Everyone's happy (except for some purist crybabies, who will write poems about the travesty in their EQ guild message boards, with lots of *hugs*, god, I hate those people!), and the company makes more money.

      (I'd rather inject Drano into my eyes than play EQ again, but I find the whole MMO genre fascinating from a game design and peoplewatching perspective.)

    2. Re:Liablility by Suppafly · · Score: 2

      If Mythic loses this case, all the people buying and selling crap lose out too, because Mythic can just close up shop or develop different games. This is a pretty ignorant lawsuit if you think about it.

    3. Re:Liablility by Suppafly · · Score: 2

      thats kinda like whats habbo has going.. you can create a character and create a room.. but if you want any furniture or slot machines or anything, you have to purchase habbo money (i forget the actual name) and use that in game..

  11. Mythic Sued for own product? by Brit+Aviator · · Score: 3, Insightful

    This is all well and good, but I think people should bear in mind that Mythic created and owns the entire DAoC set-up. I've never played it myself, so I'm a little sketchy on the precise details, but it seems to me that if Mythic chooses to restrict certain practices within the boundaries of their creation, then they are fully within their rights to do so. Players pay a monthly fee for access, not for rights to private ownership of what their character has. DAoC is hardly a monopoly and people play because they choose to, and within the rules set forth by the company. Whether players selling items is permitted or not permitted outside of the game, I believe it is Mythic's perogative.

    --


    --My purpose set, my will defined. Caress the air, embrace the skies.
  12. This is pretty basic ... by SuperRob · · Score: 5, Funny

    "Personally, I find it interesting that BSI is going after DAoC, calling Mythic a "software giant," while ignoring the more established compettion in EverQuest producer Sony, Asheron's Call producer Microsoft, and Ultima Online producer Electronic Arts."

    It's not interesting. It's called going after the littlest guy you can so you have a better chance of winning. Once you win, a precedent has been set, making it easier to go for the bigger fish.

    That's like Lawyering 101.

  13. What is the Property by Alien54 · · Score: 2
    Is the company saying " All your Base etc"?"

    Are they saying that all player interactions are a work for hire benefiting the company?

    Just how does the Company control this in terms of a legal argument?

    I am so confused.

    --

    * 2002-02-06 13:23:59 Google Programming Contest (developers,programming) (rejected)

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:What is the Property by SuperRob · · Score: 5, Interesting

      How can you POSSIBLY be confused.

      You are playing with Mythic's code. No matter what you do in the context of the game, you have not "created" anything that Mythic did not program into the game. Therefore, you cannot SELL what you did not create.

      It's ALL Mythic's property, and you have no right to it. You're paying for access to the code, not for the code outright. Just because you played for hundreds of hours doesn't mean you've created anything. All you've really done when it comes right down to it is flipped a few bits on a server.

      Hell, not even your CHARACTER NAME is your property, because essentially, all you did was enter a variable in a program, but that variable was planned for. Everything you type was anticipated down to the exact sequence (which is why you can't type in names they don't allow, or characters the program can't interpret).

    2. Re:What is the Property by st.+augustine · · Score: 2
      How can you POSSIBLY be confused.

      You are playing with Mythic's code. No matter what you do in the context of the game, you have not "created" anything that Mythic did not program into the game. Therefore, you cannot SELL what you did not create.

      It's ALL Mythic's property, and you have no right to it. You're paying for access to the code, not for the code outright. Just because you played for hundreds of hours doesn't mean you've created anything. All you've really done when it comes right down to it is flipped a few bits on a server.

      Hell, not even your CHARACTER NAME is your property, because essentially, all you did was enter a variable in a program, but that variable was planned for. Everything you type was anticipated down to the exact sequence (which is why you can't type in names they don't allow, or characters the program can't interpret).

      How can you POSSIBLY be confused.

      You are typing with Microsoft's code. No matter what you do in the context of the application, you have not "created" anything that Microsoft did not program into the application. Therefore, you cannot SELL what you did not create.

      It's ALL Microsoft's property, and you have no right to it. You're paying for access to the code, not for the code outright. Just because you typed for hundreds of hours doesn't mean you've created anything. All you've really done when it comes right down to it is flipped a few bits on a computer.

      Hell, not even your FILE NAME is your property, because essentially, all you did was enter a variable in a program, but that variable was planned for. Everything you type was anticipated down to the exact sequence (which is why you can't type in names they don't allow, or characters the file system can't interpret).

      I'm kidding, of course. But it's not as clear-cut as you think.

      --

      -- Some things are to be believed, though not susceptible to rational proof.
  14. Real Economies by RalphTWaP · · Score: 4, Insightful

    Mark this.

    This case could be the first splash on the legal scene that leads to the legitimization of non-physical economies.

    Why is this important?

    Imagine that at some point in the future, a corporation creates an amazingly successful MMORPG. The MMORPG is successful enough that the parent corporation spins off the division to form a new company. This new company maintains the virtual world of the MMORPG and derives all its profits therefrom.

    Very possible.

    If the company then made a move to allow players of the game to purchase commonly traded shares of the corporate stock for in-game currency, there is a tie between a physical-world economy and a virtual one.

    At this point, it would take very little imo/ for the virtual world of the MMORPG to classify as a nation-state.

    Consider. It _has_ an economy. There is an exchange rate (albeit an occluded one) between the money of the virtual and physical world. The virtual world has a defineable citizenry.

    When enough people engage themselves as citizens of a virtual state, and bring enough income into that virtual state, and exchange income between that virtual state's money and the money of other states....

    What happens?

    Eventually, would a banking house take interest and provide an exchange rate from one economy to the other?

    If so...

    How long before the citizenry of the virtual world demands rights.

    How long before the citizenry of the virtual world takes those demands to a world-recognized forum?

    How long before the representative of Norrath addresses the UN?

    1. Re:Real Economies by SuperRob · · Score: 2

      How long before you get laughed off of Slashdot.

      Whoops ... apparently not long.

      You're assuming the government would ever GIVE a "virtual" world rights of any kind. It would never happen, because when it comes right down to it, the parent company could manipulate that world all they want.

      Not to mention that "people" don't get two sets of rights. They have rights based on where they are. If you're in the US, Australia's rights don't apply to you. Likewise, the only "Virtual Rights" that "Virtual People" would have apply ONLY to the "Virtual World."

      Your criteria for what constitute a "nation-state" are so flawed it's not even funny. I'll let others pick that apart, but suffice it to say, if that's all it took to create a "Nation-State", I could do that in a WEEKEND with rudimentary code.

      Online will never be anything more than a COMMUNITY.

    2. Re:Real Economies by jon_c · · Score: 2

      first off let me state for the record that i don't think could entirly belive what you we're saying, unless maybe you other handle is Jon Katz.

      to start let me list some differences:

      In the real world there is no active god, and if there is one he truly works in cryptic ways. With a virtual world this is a very definable god, the oraniztion that runs the world. Unless a virtual world can be run without people in the real world controling what happens it is very hard to even compare the two.

      Current virtual worlds are very static, the player can do very little to change the world. In EverQuest and DAoC a player can not start a even start a shop or build a hut. The only thing your avatar can do is kill monsters and sometimes other players. This should be exanded a bit when Shadowbane comes out (if it ever does).

      whats keeping it from working:

      The god of the world is also the ultimate dictator, if the people disagree with what is happening, the god can simply stop it. This elimates any freedom the players might have. The players can not topple the goverment, throw out the dictator and put a new goverment in place.

      The people can not defend themselfs from other nations. In this context "other nations" is the real world, and the border is the server farm. still is it a border (in a sence). but in the virtual world there is no means of self defence.

      Being as i don't like to be a complete pesimiest i'm forming a very vague idea on how it may actually work.

      Think of a completly decentralized network as the server farm, some type of p2p system. This elimates the problem of the server farm being raided. Think Everquest meets Gnutella. How would this work? I'm not to sure it it would. But the idea that came to mind was that the world could be zoned of into areas, where each area is a computer on the network. The size of the area is in relation to the power/connection speed of the host computer. Of course the problem with this is that that part of the world goes down with that computer, So maybe a redunt caching scheme like freenet uses would help out with that.

      People must be able to add code to the world. Perhapes making it open source would work. Where a group of people check a vworld 'plugin' (whathaveyou) for expliots and correctness and it is added to the 'hive'. So if a player thought it would be a nice idea to add a new longsord to the game he could make a 'weapon' plugin, submit it to the vworld group where it's checked by peers where it is then allowed to enter the world. Since there is no central server to proprogate the new plugins maybe some type of encrption scheme could be used to 'sign' a plugin. Of couse this adds some realworld dictator to the game, but it could at least it could be a democratic one.

      --
      this is my sig.
    3. Re:Real Economies by rizzo242 · · Score: 2

      You're assuming the government would ever GIVE a "virtual" world rights of any kind. It would never happen

      Ahem...might I remind you of a certain mister Emperor Norton?

      --
      "Sweet creeping zombie Jesus!"
      -The Professor, Futurama
  15. This will probably get tossed out in court. by Xentax · · Score: 5, Funny

    Regardless of the way BSI thinks things "should" be, there are a few very simple facts:

    1) To play the game, you have to abide by the EULA.

    2) The EULA specifically DISALLOWS sales of items and currency, but (at the time of writing) allows the sale of ACCOUNTS in an "as-is" fashion -- specifically, that Mythic is not responsible if such a deal goes sour, etc. If you ebay your account and the buyer gets the account banned, don't be surprised if they hold the SELLER responsible as well, etc.

    Since these provisions are spelled out in the EULA, I see no merit to this lawsuit. EQ, UO, etc. were gray areas because the original agreements don't discuss out-of-band commerce relating to the game. Mythic's EULA for DAoC DOES, and that makes their position all but impregnable.

    They can legitimately say that the rules are in place to preserve the physical security of the game, and to preserve the enjoyment of the player base -- something that has DIRECT economic value to the owners of the game.

    The players have NO right to break those rules or work outside of them; they're both paying to play, and agreeing to abide by the set provisions of the game when they do so. If they're not happy, they can save themselves 10 bucks a month and play elsewhere.

    Bottom line, it's in Mythic's best interest as the owners and providers of DAoC to not allow the sale of items and currency -- they probably shouldn't even allow the sale of accounts, in fact. It's just like a bar or nightclub -- you can pay to get in, but if you try to grope the women or sneak your friends in, you should expect to get kicked out and black-listed.

    The nightclub doesn't tolerate such behavior when it's expressly forbidden, and shouldn't be required to by any means. The same applies to Dark Age of Camelot and Mythic.

    --
    You shouldn't verb words.
    1. Re:This will probably get tossed out in court. by Happy+Monkey · · Score: 2

      3) EULAs are only binding (in the US) in Maryland and Virginia, the states that passed UCITA.

      However an EULA can act as "posted rules", informing users that Mythic can choose to terminate your account if you break them, so an EULA has a few more teeth for am MMRPG than for single-user software.

      --
      __
      Do ya feel happy-go-lucky, punk?
    2. Re:This will probably get tossed out in court. by Xzzy · · Score: 2

      > The EULA specifically DISALLOWS sales of items
      > and currency

      That's a secondary reason why this case, if it ever flew, would be interesting.

      How much power is an EULA actually allowed to provide? If I pay to participate in something, and during my participation I acquire some item of worth, what restraints are there on the overseeing entity telling me what I can and can't do with my acquisition?

      Same with on the job inventions, or student research at a university. At what point does something belong the entity's, and at what point does it belong to the "acquirer"?

    3. Re:This will probably get tossed out in court. by jareds · · Score: 4, Insightful

      How much power is an EULA actually allowed to provide? If I pay to participate in something, and during my participation I acquire some item of worth, what restraints are there on the overseeing entity telling me what I can and can't do with my acquisition?

      Bear in mind that your items of worth are merely records in Mythic's servers. In the absence of any agreement to the contrary, they would have every right to alter their records to show that you have no gold. Since the only thing preventing them from doing this is the agreement you made when you started paying for it, if said agreement disallows the sale of in-game items, that is absolutely enforceable.

      What usually gets people riled up about EULAs is when they prohibit something that would be allowed in the absence of an agreement to the contrary, such as reverse engineering software. You can complain that the EULA is void because you never agreed to it, and that you therefore have the right to reverse engineer some piece of software. If you complain to Mythic that you never agreed to their Terms of Use/EULA/whatever, they can simply delete your account. What are you going to do, sue them for breaching the contract you argue doesn't exist?

    4. Re:This will probably get tossed out in court. by Xentax · · Score: 3, Interesting

      There is nothing to "own". It's all data and software owned by Mythic. Heck, even the client belongs to Mythic, by the strictest definitions of the EULA (granted, that won't necessarily stick if push came to shove). At a minimum, the server side data -- the state of the accounts -- belongs to Mythic. They store it, they provide the access and bandwidth and hardware to manage and alter it.

      A player claiming to "OWN" the currency or items, to the extent that THEY should be able to dictate what is done with them, has a flaw in their logic.

      Look at a real world example: Arcades. If you play a few hours, invest tons of _real_ cash, and earn a million tokens, what can you do with them? You can trade them in, _according to the rules and conversion rates specified by the arcade_. Technically, even taking them off the premises is THEFT -- you don't earn the tokens, they're just a form of representation of the "winnings" you've obtained through one of the allowed systems of the arcade -- a game of luck, skill, or both. Those tokens belong to the arcade, subject to the rules they establish.

      Now, do people pool them inside the arcade to get a bigger prize? Sure. That's allowed, at least implicitly. Are you _allowed_ to take them home and build up a larger stockpile? NO. Do people do it anyway? Yes.

      But does that mean the arcade visitors have a "Right" to take those tokens from the arcade, and sell them for real cash to other people? No way. The rules explicitly disallow it, and the tokens remain the property of the arcade throughout. The data on Mythic's servers is less tangible, but NO less their property.

      At least, that's the way I look at it.

      Xentax

      --
      You shouldn't verb words.
    5. Re:This will probably get tossed out in court. by Xentax · · Score: 2

      Well, the difference there is purchase of property vs. permission to use a service. DAoC players, at most, have a claim of ownership of the _client_ software.

      I think it's a stretch to claim ownership of data you've -- altered. You can't even claim to have created the data by earning items/currency in game -- you've only altered the data state of the account, which is provided by and belongs to Mythic -- you just pay for _access_ to said account (at least, that's how I'd word the EULA -- I'm not sure if Mythic did so or not).

      So manipulating that data in a way that's explicitly disallowed is a violation of the terms of access to that account; thus you can have your access revoked.

      I guess the hinge question is, "Does the player OWN the account, or is he simply paying for access to it and buying/receiving the software to manipulate it?"

      --
      You shouldn't verb words.
    6. Re:This will probably get tossed out in court. by kin_korn_karn · · Score: 2

      liberals understand this, it's libertarians that don't. they tend not to understand the separation of media and content.

      If I buy a book, I pay for the paper-based delivery system. I don't own the words. If I buy a movie on a tape or DVD, I don't own the images, I own the right to "experience" [groan] them by procuring media.

      The same goes for software. It's not hard to comprehend.

    7. Re:This will probably get tossed out in court. by Xentax · · Score: 2

      Well the difference there is in the details. Rental agreements for physical space make no claims (implicit or explicit) of ownership of what's inside -- more for liability than courtesy (they don't want to be held liable for someone storing drugs or dead bodies, etc.).

      You're not renting the data SPACE for an MMORPG -- you're paying for the right to access and control a very limited subset of interrelated data. Mythic explicitly retains the right of final authority over that data in the EULA, as well they should.

      What you're talking about is more like the Yahoo briefcase accounts, or webhosting, or things like that. There, again, the agreements are very specific about who retains ownership of online material, etc. -- for example, when you post something on a message forum, you generally lose all "rights" to the ideas and other forms of potentially valuable input. At least, they claim so, I'm not sure if THAT would stand up in court or not either.

      The example I'm thinking of is a gaming forum -- they generally state right out front that if you post a new idea, they have the right to use it without recognizing or compensating you (the nice guys do anyway, of course).

      Xentax

      --
      You shouldn't verb words.
    8. Re:This will probably get tossed out in court. by Above · · Score: 2

      While I find this a rather silly example, it goes to the heart of what a EULA can and can't tell you to do. If a EULA can disallow the sale of items in a game, couldn't a EULA also prevent you from using Word to write a paper that badmouths Microsoft? Could a EULA for an e-mail program prevent you from sending e-mail to because they are evil bad people?

      In the world of a negociated license agreement of course they could limit you from all of these things. It happens all the time. For instance, if Pepsi has their name on something it often has a "morals clause", get caught with your pants down and the deal is null and void.

      The issue here is that the consumer has no power. You can't go to them and say "I'll pay an extra $5 to license it so I can sell items in the game." With shrink wrap EULA's the consumer generally must agree to what the monopoly seller dictates. That's not good.

      In any event, if I were a laywer I'd argue that the sale was not of goods, but of a service. Since nothing tangeable changes hands, what you are doing is paying someone to play the game for you, and in the end type some commands in the game that make it easy (say, by picking up) an object. Imagine if you couldn't hire someone to type in a word doc for you. We all find this silly, people hire secretaries every day to type in word docs. If that's ok, then it must be ok to hire someone and say "I'll give you $10 if you play the game until you get the red glowing thing and give it to me." It's a service, it's paying someone for their time, and EULA's can't limit your rights to be employed.

    9. Re:This will probably get tossed out in court. by WNight · · Score: 2

      Paying someone money (and having them accept) forms a basic contract. They (perhaps implicitly) agree to provide a service, and that the service will be what you asked for when purchasing.

      I think it's pretty obvious that if you payed me to play a game, of chess, for instance and I decided half-way through your game (with someone other customer) to remove your queen, that the game I had paid for wasn't being provided because the rules of chess don't allow for third-party intervention.

      Now, if I the customer wanted to throw the game, giving my opponent high ranking, this would disrupt the rest of the service you had offered, which was a game playing and ranking service. However, the mere fact that my actions will cause you to lose money doesn't mean my actions are illegal.

      If my actions are legal, I'm perfectly allowed to continue them and you must either find a way to prevent them from being disruptive, or face the fact that you can't provide the service you contracted to provide.

      This is why you must be very careful in what you offer. Offer to let someone play a game, sure. With others, sure. But with everyone, perhaps not. This way if someone is disruptive you simply drop him on a mirror server, but with no other players, or perhaps with all the malcontents. Then he can play the game he contracted to play, without bothering all the other players.

    10. Re:This will probably get tossed out in court. by WNight · · Score: 2

      You make a fairly compelling argument.

      I personally think they'll have to change the game to get rid of this. It's only the monster/item spawning routines that allow items to be so easily farmed. If they came up with a better way of distributing things it would help a lot. Perhaps trading should only be allowed between characters near the level of the character that originally killed the monster (did the majority of damage). That way you can't get a super weapon to a character too low to be able to get it on their own. (They could always stretch this a bit by being very good and doing it before anyone else could, and maybe have a lower character do the killing and a higher character healing them constantly, but that too can be solved - have it require certain stats/levels to be able to hit a monster...)

      Also, software EULAs are invalid because they don't let you use something you bought and try to offer you something of no value (because they don't control it anymore) - your right to use the software - as consideration for your accepting. If they were shown before you purchased, they likely would be a lot more binding.

    11. Re:This will probably get tossed out in court. by WNight · · Score: 2

      Not hard to comprehend, except that it's totally wrong.

      The only thing you don't own after purchasing a book is the right to duplicate it.

      You do own it, apart from the media. You can write out a copy of a book (or photocopy it) as long as you don't distribute the copy.

      In my experience, it's libertarians (Randites) who insist that everything they touch is property. Most people don't think ideas should be property. (Patents and copyrights, while valuable concept, are not intellectual-property. They differ so much from property that the term is as ridiculous as the attempt to make them behave like physical property does. They are limited monopoly rights, the term intellectual property was badly chosen and hinders understanding of this field.)

  16. Re:I think you have it slightly backwards by ekrout · · Score: 2

    But I have to get a job so I can buy a car so I can get to my job!

    ;-)

    --

    If you celebrate Xmas, befriend me (538
  17. Re:Sad lives by yintercept · · Score: 2, Funny

    I am just wondering what a cyber character will fetch you in the 2070 version of the Antique Road Show.

  18. Corruption... by curunir · · Score: 2

    I would worry that if there is a precedent set that selling fake stuff IRL is legal, then game developers (the programmers, not the companies) would have an incentive to put backdoors into their games (e.g. talk to this shopkeeper, tell him the magic words and *presto* he gives you the most powerful weapon in the game).

    For a game developer, protecting against this type of thing does cost money (in man-hours). Therefore, I say that they should be able to set whatever policy they choose.

    --
    "Don't blame me, I voted for Kodos!"
  19. What if? by Hydro-X · · Score: 2, Interesting

    But what if someone finds a way to cheat in the game? Or a programmer modifies the game code to give himself extra weapons or gold or any other game-related item? Said person then takes the items and sells them for real cash. It may seem like a remote possibility, but when real money is involved, people tend to become pretty creative...

  20. Why do you find it "interesting"? by Wakko+Warner · · Score: 2

    I find it obvious. Who is most likely to have the worse lawyers? The smallest company.

    - A.P.

    --
    "Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
  21. A bigger problem could arise from by Sycraft-fu · · Score: 3, Interesting

    Employee abuse. Unlike real items, these virtual itmes can be made and unmade by the trillions with a few key strokes. If you are one of the programmers or better yet sysadmins that happen to have access to the database that controls all this, you could really make a killing by adding in tiems and selling them, with no effort.

    There is also a legal concern. For example, suppose that your game features the Ultra-Rare Sword of Asskicking +10, of which there are only 3 total in the game. There were given out as a one time quest thing. So they get traded around for real money, and a fair bit of it. Well you then decide it's time to expand the game. You up the level cap, add in new abilities, monsters, etc. You also decide to make that sword just an uncommon drop from a high level monster.

    Now the people that own the orignals are pissed. Their monetary investment has gone to shit, just because you decided to change the way the game worked, so they sue you. Stupid? Yes, but I've seen worse lawsuits that have been won.

    1. Re:A bigger problem could arise from by Sycraft-fu · · Score: 3, Insightful

      Depends if players would care. Something tells me that I wouldn't get anything more for "Sycraft's Keen Asterite Hammer" than a normal keen asterite hammer. Remember: What made rare Magic cards form things like Alpha and Beta worth a lot was that people collected Magic cards. Not only did they play magic, but they had cards just ot have them. I don't think this is the case in online games. People buy items/characters because they are good, and they want the abilities. They don't care what it's called so long as it has certian stats.

      The lawsuit problem aside, the real problem is just item farming. When I played EQ I was on The Rathe. Now right as I joined, Verant had to disband a guild (and ban many of the members) for excessive lamness. They basically camped all the spawns of good stuff all the time, controlled it all, and you had to pay them real money if you wanted any of it. This rather made people angry. Now for those that would argue that they should be allowed to do this:

      1) It ruined a lot of the fun of the game for other people. The point of games, is after all, to have fun.

      2) It was in Verant's best intrest to can them, as it was making other paying customers (lots of them) mad. IF you don't keep your customers happy, they will vote with their dollars.

      3) Service providers have a right to decide what is acceptable usage of their service (unless they are regulated like Telcos, in which case the government decides) and deny people access if they aren't using it in an acceptable manner.

      I think that there are really two main reasons game companies don't want people selling stuff. The farming is one. It really ruins the game for the other players. The other biggie is they want people to spend time playing the game. IF you buy an account at the highest level and lots of good items, you're gonna get bored and stop paying faster than someone who has worked their way up. The companies are, afterall, in this to make money.

    2. Re:A bigger problem could arise from by WNight · · Score: 2

      No need to bad people, just transfer them the a "Realm" with all the other item farmers. :)

  22. Why they porobably hate item/char/money auctions by Talez · · Score: 2, Interesting

    1) IIRC, Verant updated the EQ EULA specifically banning the auctioning of items and plat on ebay because they got sick of whining bitches petitioning the GMs saying "I bought 100K off this guy on ebay and now he wont give it to me! Can you get it for me please?!?!?"

    2) If anyone ever discovers an exploit which allows item duping, the items immediately become worthless. No doubt there would be a large amount of loud, vocal, hardcore gamers looking for a convenient scapegoat. Blame the company for its "crappy programming" and them "not testing enough for exploits".

    3) Being able to buy your way to the top makes the game pointless. Parting of being uber is being uber enough to stick it out and work your way up all those levels. Getting to level 60 on Everquest requires months of dedication to a character. How pissed would you be if some little shit down the street got his parents to buy him a Level 60 character for his birthday and he goes around boasting about it?

  23. If it was acceptable to players... by Nindalf · · Score: 5, Interesting

    ...the company would do it itself. It would be great for them to be able sell high-ranking or rare items as a primary source of income. I've seen MUDs do that, but always on a very limited scale: a handful of select, not too powerful, items given to people who pay extra (or pay at all, as it's usually on otherwise free MUDs that I've seen this).

    The problem is, that doesn't make a good game. It's like playing chess in a league where people who bribe the referee can have all their pawns replaced with queens at the start of the game. Either you have to spend your money just to get a level playing field, or you have a hell of a time getting a decent game.

    So it's a matter of protecting the gameplay. They can't just allow it. The question of legality depends entirely on the contract. Obviously, you can set acceptable use rules in the user contract.

    This challenge looks pretty ridiculous to me. It seems basically to me like people disputing the right of a sports league to ban players for taking bribes to throw the game.

    1. Re:If it was acceptable to players... by Rogerborg · · Score: 2
      • This challenge looks pretty ridiculous to me. It seems basically to me like people disputing the right of a sports league to ban players for taking bribes to throw the game

      Remind me, how much do professional athletes get paid? How much do MMORPG players get paid? What's that you say? MMORPG players pay to play? But that would turn your analogy on its head, surely?

      <sarcasm> aside, I am tempted to agree with you, but the problem is that what people are really buying and selling is not items but in game actions (which is why your analogy is actually a good one, as it's behaviour based). If items were being added or removed from the game universe, fair call. But if I walk up to Wizard Bob and drop my Sword of Scolding, what business is it of the game administrators why I did it? Maybe it's because he paid me. Maybe it's because I like him in game. Maybe it's because I like him out of game. Maybe it's because I'm drunk. Any way you like it, it's my business and Bob's business, and as long as we're both using the in game system that they provide and we pay for to perform the in-game transaction, what's happening out of game is none of their damn business.

      --
      If you were blocking sigs, you wouldn't have to read this.
    2. Re:If it was acceptable to players... by Erasmus+Darwin · · Score: 2
      "Any way you like it, it's my business and Bob's business, and as long as we're both using the in game system that they provide and we pay for to perform the in-game transaction, what's happening out of game is none of their damn business."

      You argue for the in-game versus real world separation, yet the ability to partake in the entire in-game experience is already predicated on a widley accepted real world requirement -- specifically paying money to Mythic every month.

      Since there's already one acceptable real world requirement for playing the game, you can't just reject real world requirements as a whole. Instead, you need criteria the helps differentiate between "pay Mythic XX dollars" and "don't auction your goods for real money."

    3. Re:If it was acceptable to players... by Rogerborg · · Score: 2
      • you need criteria the helps differentiate between "pay Mythic XX dollars" and "don't auction your goods for real money."

      Hmm, let me see:

      "pay Mythic XX dollars": Mythic is party to the transaction.

      "don't auction your goods for real money": Mythic is not party to the transaction, either directly or indirectly through loss of income. If both parties follow through with the actions from the auction, there is a small state change in Mythic's database, but nothing is added or removed. If Mythic sold items to players, there would be an indirect interest, but they don't, and there isn't.

      And please deal with the issue I raised about actions versus objects. The in-game result of an auction is that I click "drop item". That's it. That is the single, solitary point where the out-of-game interaction involves Mythic. Perhaps you could come up with criteria that explain when Mythic's client should second guess the motivation behind that action and either drop the item, refuse to drop it, remove it from the game world or whatever.

      --
      If you were blocking sigs, you wouldn't have to read this.
  24. Not a good analogy by Sycraft-fu · · Score: 2

    In the case of a book, you are creating new intelectual property. You own teh rights to that by inherant copyright. You aren't doing the same with a character, you're just making changes to a database that Mythic designed and owns the rights to. The other thing is, in the case of the ISP they still do own the physical server you are working on, and can dictate how you use it. Suppose your ISP hates books for whatever reason, so they tell you to knock it off. If you don't, they can most certianly shut down your account. Same with an account in an online game. You sell an item, Mythic can shut down your account for it. For that matter, they can shut down your account for any reason. They don't have a contract with you gautenteing service. You pay for use of their game, they decide the terms of that use. If you dont' like it, vote with your dollars and go play elsewhere. If enough people cancel their accounts becasue they can't sell things, Mythic will either revise their polocy or go out of bussiness.

    1. Re:Not a good analogy by shepd · · Score: 2, Interesting

      >You aren't doing the same with a character, you're just making changes to a database that Mythic designed and owns the rights to.

      Well, I guess this is where it gets sticky.

      Isn't a filesystem nothing more than a simple database? ReiserFS would have us beleive so.

      >They don't have a contract with you gautenteing service.

      They sure do if you paid in full and aren't breaking the rules. Just the same way the cable co can't come out to your house and cut your cable for watching too much Seinfeld, your ISP can't cut off your shell account unless you break the rules, or you are repaid.

      If they decide to change the rules they need to either wait for your current payment to expire or refund the rest.

      >For that matter, they can shut down your account for any reason.

      If my ISP did that without a refund I'd take their ass to small claims court and see what a judge thinks about it.

      He'd probably not just refund my money, but if he was generous he might even give me punitive damages if the reason were outrageous enough (like them feeling they have the rights to something you created on your paid for CPU cycles and on your pad for section of their hard drive/database).

      >If you dont' like it, vote with your dollars ad go play elsewhere.

      Nahh, when a company tries to suspend the whole idea of free trade in a free society, I think its totally fair for the people harmed to revolt. They deserve not only their money back for the unused server time, but also the money back for their purchase of the game, IMHO.

      Next thing you know you'll rent a hotel room for two and the owners will think they have the right to tell you that you that you and your soon to be wedded wife have to sleep separately unless you are married. This is a matter of freedom, and people need the government to tell these people that when you rent someone's hardware and create something on it that you own it, not the renters.

      What's next, rental typewriters that require you to give the owners of the typewriter a copy of your manuscript?

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    2. Re:Not a good analogy by Cato+the+Elder · · Score: 2

      "Nahh, when a company tries to suspend the whole idea of free trade in a free society, I think its totally fair for the people harmed to revolt. They deserve not only their money back for the unused server time, but also the money back for their purchase of the game, IMHO. "

      Except that this issue has nothing to do "free trade in a free society," it has to do with free trade in an entirely controlled artificial society. I don't know of any precedents in contract law that would prevent Mystic from controlling the transfer of game assets.

      If you want to use a rental analogy, I would say it is much more akin to the provision in apartment rental contracts that prohibits you from subletting the property without the owner's permission.

    3. Re:Not a good analogy by Happy+go+Lucky · · Score: 2, Insightful
      Again, I'm no lawyer, but aren't you allowed to exit a lease if you can find someone to take it over?

      Not necessarily. At least in the two states in which I've rented (Oklahoma and Colorado), if you sign a lease you're stuck with it. If the lease doesn't have an escape clause, then you can't get out unless the lessor fails in some statutory duty-failing to keep the property in reasonably good repair, failing to keep the water running, etc.

    4. Re:Not a good analogy by Sycraft-fu · · Score: 2

      Fine then, the onyl thing Mythic could possibally owe you is a dump of your information in the database. They don't owe you to keep hosting that information if they don't want to, unless you have a contract that says otherwise.

      Also as for your court claim, sorry, not gonna happen. Mythic specifically says you can't do this in their ToS, just like you ISP might say you can't run a sever. Break the rules, they can cancel your service.

      Also you have no real reprisal unless:

      1) You have a contract. If you get something like a T1 line, you'll get a contract promising you service, and they will honour that.

      2) It's a regulated utility like power or telephone. Then there are laws sayyng the must provide service, etc.

      As an individual or private company, if I don't like what you are doing and most espically if it's against the rules I laid out for using my service, I can cancel your account. If I give you an acocunt an prohibit you from hosting porn there, and you do it, I can boot you, and a judge will uphold this. It's not like these people weren't warned not to do this.

    5. Re:Not a good analogy by Anonymous+Brave+Guy · · Score: 2
      They sure do [have a contract with you gauranteeing service] if you paid in full and aren't breaking the rules.

      I'm not convinced that the above must be true. I bet there's a clause in most on-line games' ToS saying something about actual service level never being guaranteed; certainly many ISPs have one.

      Even so, what if their rules say you can't transfer characters/items for money? What if there's a general rule that says you can't cheat, and their definition of cheating includes this sort of behaviour?

      It's just not in the interests of the average gamer using the system to allow this. It would be a great shame if the games company was told it couldn't stop them, both because it would set an absurd precedent and because it would be damaging to the vast majority of gamers.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  25. The Right to flip the Bits by Alien54 · · Score: 2
    Hell, not even your CHARACTER NAME is your property, because essentially, all you did was enter a variable in a program, but that variable was planned for. Everything you type was anticipated down to the exact sequence (which is why you can't type in names they don't allow, or characters the program can't interpret).

    [snort] that sounds SO absurd. funny too.

    Which of course means that everything has been done before, so creativity within a defined set of limitations is utterly impossible.

    Actually what they are selling is right of use of gaming tokens as stored in the server. The right to flip those bits, which has been bestowed on you in consideration of the money you gave them.

    Of course, if you had no right to flip the bits, then why did you give themn money in the first place?

    But then, this is Microsoft logic. Sort of like buying the keys to a car, but not being able to let anyone else use the car.

    If I as a character can bestow to any other character anything that I have, then to forbid me to do so screws up the game. To forbid me to speak or communicate about this to anyone else in the game really goes against good sense.

    The only way to really enforce it would be to bond all of the players. and who would play the game then?

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:The Right to flip the Bits by Schubert · · Score: 2, Funny

      "But then, this is Microsoft logic. Sort of like buying the keys to a car, but not being able to let anyone else use the car."

      Hello! welcome to the WORLD OF COMMERCIAL SOFTWARE! Did you sleep through the 1980's and 1990's? Flunk out of your macroeconomics class? Live in a small sovereign communist nation for the past 30 years? Well then boy are YOU in for a SURPRISE!

      It's NEW! It's TRENDY! It's ON THE CUTTING EDGE! What is it? CAPITALISM! ("Yay capitalism!") This wonderful new concept where you can CREATE SOMETHING and then SELL IT HOWEVER YOU WANT WITHIN REASON CAUSE YOU OWN THE DAMN THING.

      Comparing cars to microsoft (aka per-seat license software) is more brain damaging of a thought then a bucket full of lead paint. You probably could have made a less WEAKer ANALOGY by saying that This is like a bucket of horse piss thrown onto wet dog... namely: IT MAKES NO GOD DAMN SENSE. When you buy a car, you're buying the damn car, not the privalege to sit in the drivers seat... for what you pay GM doesn't give a rats ass if you curl up in a fetal position and suck your thumb in the TRUNK. They don't care, thats not what the agreement was when you bought the car. You bought the car to use it however you want (within reason.. namely you cannot buy a car, reverse engineer it and sell it as Schubert Motor's(TM) SexMobile)...

      As with someone like microsoft and say office xp and a per seat license... well JEE GUESS WHAT... PER SEAT means *drum roll* PER SEAT! *tada* If you're somehow implying all of their software or most or all commercial software is as restrictive as per-seat you better lay off the lead paint.

      -- schubert

      --
      -- schubert
  26. The Press Release from CamelotExchange by kakibesar · · Score: 2, Informative

    BLACKSNOW INTERACTIVE SUES MYTHIC (DAOC) IN FEDERAL COURT FOR MMORPG PLAYER'S RIGHTS

    Mythic Entertainment is named as the defendant in this case filed on Febuary 5th 11:50AM involving various anti-trust, copyright, and anti-competitive issues. BlackSnow Interactive (BSI) is a group of individuals that play, buy, and sell in various Massively Multiplayer Online Role Playing Games (MMORPG). Growing from only one person nearly two years ago, to seven full-time people, this group has successfully developed a market in which they are able to supply players with gaming currency, items, or characters at competitive prices. Mythic wants BSI to cease all sales immediately.

    After entering the DAoC market, shortly after its release, BSI created a website and began listing their sales on various auction sites, such as Ebay. BSI's Director of Sales, Lee Caldwell, was quoted as saying, "What it comes down to is, does a MMORPG player have rights to his time, or does Mythic own that player's time? It is unfair of Mythic to stop those who wish to sell their items, currency or even their own accounts, which were created with their own time. Mythic, in my opinion, and hopefully the court's, does not have the copyright ownership to regulate what a player does with his or her own time or to determine how much that time is worth on the free market."

    Caldwell goes on to say, "Mythic's attempt to stifle competition in their own game makes it possible for only full-time gamers to succeed in the game and most MMORPG players can't compete on that level. The person that plays just a few hours a week, can't put in the time required to build their character or collect the items needed to join others in the online battles. No one has stood up to any of these software giants, until now."

    If you would like to take a look at the actual court document, please visit www.camelotexchange.com.

  27. Solution: Make it easier to get cash. by Maul · · Score: 3, Interesting
    Really, I've enjoyed a few hours of DAOC myself, but the problem arises that you have to put hours of time into making money and getting items. Getting money in DOAC is harder than gaining levels, IMO, and the best ways of making money (such as learning a tradeskill) take time away from leveling. However, if you just level and try to make money off of the stuff you loot, you'll end up not having enough money to support your character's level. Once I got my character high enough in levels, I found that I would have to devote more
    time to the game to level AND make money. Result:
    I haven't played DOAC in a couple months, because
    I have better things to do with my time.


    It seems to me that Everquest is the other way around. Of course, my experience with EQ is
    limited to the fact that when I tried it I gained
    to about the 5th. level and just gave up because
    it just wasn't fun at all. Anyway, in EQ, it
    seems to me that it is easy to get stuff, and hard
    to gain levels. Unless of course you get power leveled by some level 55 guy who just thinks he can score with you because you are using a female character model.


    The way that items work in DAOC is that they degrade slowly, and they also are designed with a particular level. So for an item to work the way
    it is supposed to, it needs to "con" around your level. Sooner or later, if you gain levels, your
    stuff is going to be next to useless for you. And
    even if you keep it, it will eventually fall apart.


    So basically this forces players to spend TONS of time doing both leveling and earning if they want to have a decent character.


    This is a problem. If it were easier to make money, players would not have to spend hours on
    end playing, doing boring, repetetive tasks rather
    than fighting monsters and other players. There
    would be fewer people devoting their entire lives
    to MMORPG games, and the scene would be much
    more attractive to the casual gamer who wants
    to play 2 or 3 hours a week and still have their
    character advance at a decent pace.


    I don't know what Final Fantasy Online will be like, but I hope that Square makes it much easier
    to enjoy the game without forcing you to make it a
    second job. The game would actually become fun,
    and there wouldn't be losers out there who would
    feel the need to try to turn EQ into a money
    making business, or who want to be somehow
    compensated for wasting 80 hours a week playing
    EQ.

    --

    "You spoony bard!" -Tellah

  28. Re:Why they porobably hate item/char/money auction by cgadd · · Score: 2, Funny

    > How pissed would you be if some little shit down the street got his parents to buy him a Level 60
    > character for his birthday and he goes around boasting about it?

    Sort of like the kid currently on Battlebots who bought his robot on Ebay......

  29. Why Mythic? by thomas.galvin · · Score: 2, Insightful

    Personally, I find it interesting that BSI is going after DAoC, calling Mythic a "software giant," while ignoring the more established compettion in EverQuest producer Sony, Asheron's Call producer Microsoft, and Ultima Online producer Electronic Arts. Mythic's only product at this time is Dark Age of Camelot, which was released last October."

    Mythic doesn't have the money/lawyers to throw at the case that the others do...so it will be easier to win a precedent-setting case against them, and then go after the others.

  30. A possible problem. by Restil · · Score: 2

    If you spend $10 a month playing a game, and 6 months into the game, the server crashes and you lose your data, or you lose all your items, or something strange happens, how are you to be compensated for the negligence of the company?

    If there is adaquate precedence that character accounts are worth a certain dollar value, then upon this unfortunate loss, the company could be sued by the player for monetary compensation (encouraging the company to simply recreate the character)

    Then you have the issue of cheating. Where before, cheating only gave in-game bonuses and the only potential consequence was the loss of the account, now you have some new issues. You can artificially inflate the value of your character. If this person is caught, should he/she be charged with fraud? One player cheating can lower the value of other's accounts. Can they sue the cheater? Can they sue the company for not stopping the cheating?

    Of course, if the company forbids this, they're on better legal footing then if they condoned it or at the very least remained neutral.

    -Restil

    --
    Play with my webcams and lights here
    1. Re:A possible problem. by Restil · · Score: 2

      I'm not debating whether the people that place value on a game character are right, or even sane.. but do they have any legal rights in this regard? I would certainly hope not, but OSI was sued because the game was laggy, who knows what people might try to sue for these days.

      -Restil

      --
      Play with my webcams and lights here
  31. Virtual laws... by flogger · · Score: 2, Insightful

    I see this as a case with wide reaching repercussions. These MMPORPGs are virtual worlds and have always been in the name of entertainment. People, however, have been "gaming" for profit for quite a while. Just look on e-bay for Diablo or Everquest related items. What will happen if this case goes to court? There are two possible outcomes.

    One, the court decides that players can "sell off" items for real world cash. If this happens, there will need to be laws in the virtual word if this is to continue. The Characters in Camelot will have to set up a virtual court system to judge the legitimacy of people's actions. The virtual court will have to determine that the item was acquired legitimately. "He stole my Sword of Burping +2 in a Non-PVP area!" Who is going to handle that if the courts give weight to the claims that virtual items can be bartered? Of course, there is the scenario that includes my friend, the programmer at "Magic-Tech MMORPG Company and he programs the game to drop the "SWORD OF GOD" when character named "flogger" pays some NPC named Gump 12 copper coins.

    The other thing the courts can do is say, "Nope. No can do. Virtual items have no legitimacy and cannot be bartered for or against." What would this mean? (You try to explain to my wife how that would not apply to the stock market. Heh.) This would then outlaw those e-bay specials and force game companies to police their own areas to ensure this does not go on.

    Either way, if this goes through the courts, some creative lawyers are really going to shake up "real life" along with the "virtual worlds."

    --
    ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
    "First things first -- but not necessarily in that order"
    -- The Doctor, "Doctor
  32. It destroys the integrity of the game by WotanKhan · · Score: 2, Informative
    The best analogy I can think of, would be a recreational sports league that adopts a rule that it is illegal to bribe the umpire to change the score. If that rule was not enforced, a good portion of players would no longer wish to participate.

    The funny thing is, that in Camelot the items and money are relatively meaningless. The drop rates in the dungeons are so out of wack that my characters have always had too much money, and items far above their level. On top of that, it is impractical to wield an item that is above your level, as it degrades too quickly.

  33. Sad Lives? by ackthpt · · Score: 2, Insightful

    What's so sad about it? It's judging the quality of others lives based up how you value yours. I wouldn't do it myself, but in consideration, suppose you were a collector of stamps and the one stamp you needed to complete a series was going for $10, with a book value of $20, or you could wait for another one to become available for less. If you choose to take it for the $10, the difference between $10 and perhaps a lower price would expense as the value of having it now as opposed to later. Same thing they're doing. As long as the server owner keeps the game going, the characters and eqz have value.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Sad Lives? by JimPooley · · Score: 2

      Yeah, but stamp collecting is sad as well..
      You'll be defending trainspotters next!

      --

      "Information wants to be paid"
  34. Similarly, prosecutors go after the "scumbags" ... by Ungrounded+Lightning · · Score: 5, Insightful

    ... (or at least the perceived scumbags) before they go after the good guys.

    That's why they go after kiddie-pornographers first when what they really want to do is censor opinions they don't like.

    That's why they go after terrorists first when they want to disarm the general population.

    That's why they go after self-confessed promotors of the violation of copyrights first when they want to shut down competitive outlets for content.

    And so on.

    Getting a conviction of someone perceived as a "bad guy" - and the "badder" the better - is easier than going after someone who isn't harming others. Courts and juries, in their desire to make the "bad guy" stop dong "bad stuff", may overlook the fact that the prosecutor or plantif is using the wrong legal tool to go after him, or may overlook how the precedent could be appllied to a non-"bad guy". Once the precedent is established, it becomes a tool to go after people who are NOT "bad guys".

    Additionally "Bad guys" also often have shallow pockets, leaving them unable to mount as effective a defense as the more affluent citizens. And that puts them in a similar situation to the "go after the little guy first" model in the previous post.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  35. Different standards for multiplayer? by Anonymous Coward · · Score: 3, Interesting

    If this were a single-player game, would selling be an issue? If I buy a copy of and spend months getting high-level characters and finding cool equipment, no EULA can prevent me from selling the game to someone, even if I charge a much higher price than shelf-value. If there were a way to export individual items from one copy of the game to another, again no EULA could prevent me from doing so.

    As an analogy, if I buy a book, highlight all the important passages, and auction it for more than I originally paid, no publisher has the right to stop me. If I could manage to auction off just the location of passages I highlighed to someone who already owns a copy of the book, it's absurd to think the publisher could have an EULA that prevents this.

    So why should the fact that the game is multiplayer make it any different?

    If my sister joins the game and I give her a lot of powerful equipment, it's ok, but if I sell that equipment to a stranger, it's wrong. What's the logic here? Nepotism is ok, but capitalism isn't?

    If a friend does a favor for me in return for a powerful sword, it's ok. If the friend gives me cash, it's wrong? What's wrong with this picture?

    If a mechanic friend offers me cash for a powerful item, but I'm forced to decline because that's against the rules, what if I strike a deal that in return for a magic wand he fix my car for free the next time it breaks down. Basically, what's happened here is that the mechanic has paid me with credit. No money has been transferred, but presumably there is no legal issue here.

    Something is seriously wrong here. The items in the game clearly have value. They're going to be traded as valued goods one way or another. IANAL, but it seems like some sort of discrimination to prevent some forms of trade (online auctions) but not others (personal favors).

    1. Re:Different standards for multiplayer? by DerekLyons · · Score: 2

      So why should the fact that the game is multiplayer make it any different?

      Because you confuse paying for physical posession and paying for intellectual or physical access. In the eyes of the law they are *very* different things.

  36. Hmm by mESSDan · · Score: 3, Insightful
    I went to the site, and they weren't selling items, they were selling gold (atleast for DAoC). Mythic could quickly put them out of business by just doing a quick jump in the amount of available gold in game, then people wouldn't feel like they need to pay more for what they should be getting on their own.

    Mythic just needs to exert the power they control over supply and demand.

    --

    -- Dan
  37. Rather than creating and selling new items ... by Ungrounded+Lightning · · Score: 2
    ... the company might find it in its interest to:

    Allow the trading of only EARNED (by gameplay) items, and

    TAKE A COMMISSION ON THE SALES!

    This would prevent the inflation of the "currency" of game items, provide an "aftermarket" for people who tire of the game to recover some of their costs, limit the impact on players who don't want to fork out for assistance or extra equipment, and provide an additional income stream to the company (which could be partially converted to reduced cost to ordinary players).

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  38. Re:Sad lives by ackthpt · · Score: 3, Insightful
    ...perhaps it is time to step away from your computer.

    Other unhealthy things people do, cramped up inside:

    Read slashdot

    Coin collecting

    Stamp collecting

    Watching TV

    Reading books

    Constructing models

    Building home furniture out of Lego Brand Building Blocks (or Legos as they're commonly known)

    Tweaking another 33MHz out of a CPU

    In short, just about everything. So everyone should get up off their butts and go out and live life to it's fullest, teeth bared and snarling, or they're not doing a thing for themselves, society or the economy.

    But, come to think of it, maybe they are doing something... Imagine the impact on the environment of tens or hundreds of thousands more people out and about, doing constructive things, I'm not sure it could take it. Maybe you should join the likes of Mike Vendeman, the one who trolls rec.bicycles.*, and drive people to do things or follow beliefs you value.

    This was not intended to flame, but to underscore the differences in values and perception of others use of their time. I'm prone to it myself on occasion, but in a lucid moment recall I have my own hobbies and obsessions and wouldn't care to hear anyone sit in judgement on them.

    --

    A feeling of having made the same mistake before: Deja Foobar
  39. how.. by Suppafly · · Score: 2

    I dont play online rpgs.. so maybe I'm missing something, but how can you sue a company for getting upset when you violate their TOS agreements.. If you agree that you can't sell in game items for physical cash, and then go around selling your in game items for physical cash, you are violating the terms of service agreement you signed to play the game. I fail to see how this online auction house thinks they can win this case.

  40. Mythic's only product is _not_ ... by MikeBabcock · · Score: 2

    From their own website:

    Who is Mythic Entertainment, and what games have they done?

    Mythic Entertainment is the most prolific and one of the most successful online gaming developers in the industry today. With eleven online games to its credit, Mythic has been a major part of all of its distribution and publishing partners pay-for-play games including AOL, the Centropolis Gaming Center, Gamestorm and ENGAGE. Our titles include some of the most popular online-only games of all time including Spellbinder: The Nexus Conflict, Aliens Online, Starship Troopers: Battlespace, Silent Death Online, Rolemaster: Magestorm, Darkness Falls, Darkness Falls: The Crusade, Splatterball, Godzilla Online, and Dragon's Gate.

    Mythic has more experience in developing and running multi-user online role-playing games than most of its competitors. Dragon's Gate is one of the longest running online RPGs out there, having just hit its 12th anniversary and is still going strong on the Centropolis Gaming Center. Mythic also has the successful Darkness Falls RPGs, which is available on the Centropolis Gaming Center.

    --
    - Michael T. Babcock (Yes, I blog)
  41. This is what is going to happen by joeblowme · · Score: 2, Insightful

    The game manufacturers will see this and decide to monopolize this market themselves. You don't want to work up to level 10 then send us $20 and boom your level 10. Don't have enough cash in the game well for every $1US you give us we'll give you 100 gold. They can beat any auctioneer's price because it doesn't cost them anything. Then once this happens it will ruin every game and they won't be fun at all to play.

    --

    If your not cheating your not trying. If your not trying your not winning and if your not winning why play?
  42. Proud heritage of MUD suckage. by Nindalf · · Score: 4, Insightful

    I can understand the temptation. Pretty much every progressive stats-dominated (IOW, MUD-style) MOG I've seen suffers from bunny-killer syndrome: when you start, you're pathetically weak, and you have to spend ages killing what most players consider pathetically weak creatures, the game-equivalent of (if not literally) rabbits and squirrels. Not very heroic.

    It doesn't matter what they call the bunnies, or how fearsome they make them look, you still have this situation where 99% of the creatures could squash you like a bug.

    This may work fine for a single-player RPG, because you're the center of attention all the way along, and not exposed to the stronger creatures, but in a MOG, your pathetic weakness is rubbed in your face by the relative strength of other players. This is escapism?

    It seems that these games would be a lot more fun without the grind of the stats-building process, but that's also a lot harder and more expensive to make (they won't be leveling, they won't be farming items, what will they be doing? there can't be enough earth-shaking heroic quests to go around...). Also, the stats-building process does have an addictive quality that keeps people playing even when they're not having fun (camping, anyone?). It makes economic sense.

    It's bad for the game on the whole, but it makes sense for the people buying. Building up your character from a puny noob just isn't the fun part.

    1. Re:Proud heritage of MUD suckage. by panthro · · Score: 2, Interesting

      they won't be leveling, they won't be farming items, what will they be doing?

      My idea (well, I'm sure it's not *just* mine) is instead of levelling, have something very similar to Karma harvesting on Slashdot... partly from quests, partly from experience, etc... because in the real world, a 30 year old is not five times as strong as a 20 year old. Experience should count, but not be the whole point. Item and gold collection over time would also inherently make you stronger, but again, not *that* much stronger.

      This way everyone is not so far behind when they start, but the real heroic people are quite a bit stronger (but must keep being heroic to stay strong). Assholes would, in contrast, become weaker, but as on /. have the ability to redeem themselves with a determined effort.

      --
      If you're not part of the solution, you're part of the precipitate.
    2. Re:Proud heritage of MUD suckage. by Arker · · Score: 2

      I've tried to create a system like this on a couple of muds I've admin'd on over the years, but never found enough support from coders/builders/etc. to make it work. When it comes right down to it, most people seem to be more interested in hack-and-slash and "being über" than in a game like you're talking about.


      Anyway, regarding the whole selling items and accounts thing, I've dealt with this on muds too, and seen how it works on EQ (played that for awhile.) There are two problems. The first is if you allow it, then it makes a mockery of the game really, for serious players at least... you work your way up from the bottom rung by hard work, and then run into clueless newbies that are 10 levels above you, far better equipped, and haven't a clue - that's very demoralising and ruins the illusion of the game. Not to mention that when different people play the same character they will not play him the same, and that again ruins one of the main illusions that makes the game fun.


      On the other hand, it's very difficult to stop people from doing this. On a fairly small mud, you can at least keep it under control, even though it happens people that don't hide it fairly well will be caught, and frankly that's good enough - if the only people doing it are "cool" enough about it to avoid being caught it's really not a problem, because the illusions are not really threatened.


      On the other hand, on a system with as many players as EverQuest it's absolutely impossible to even control. The best they can do is try to shut down the auction houses, but players do this on EQ very frequently and very openly, despite it being absolutely illegal. The ratio of players to admins is just too lopsided for any effective control to be possible.


      A suggestion for DAoC - poll the playerbase. Ask them how they feel about this - is it ok? annoying? Or does it totally ruin the game? Then do a server split, with the numbers informed by the poll. Let people that want to do this play on servers where it's legal, but enforce the prohibition with maximum harshness on the others. It would be much easier to enforce there as well, since players would be much more likely to complain if they saw it happening.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
  43. Reality check?... by Kjella · · Score: 2
    How can you POSSIBLY be confused.
    I'm not. You're dead wrong *g*.
    You are playing with Mythic's code. No matter what you do in the context of the game, you have not "created" anything that Mythic did not program into the game. Therefore, you cannot SELL what you did not create.
    So if nothing was created, I can't have sold anything either, so the EULA has no meaning, right? No?
    It's ALL Mythic's property, and you have no right to it. You're paying for access to the code, not for the code outright. Just because you played for hundreds of hours doesn't mean you've created anything. All you've really done when it comes right down to it is flipped a few bits on a server.
    When it comes right down to it, everything done on a computer comes down to flipping a few bits. The assumption that they own the rights to the code when they've used a third party tool (compiler) to make it, but that the characters someone have made using a third party tool (the game) holds no IP rights of their own lacks foundation at best. Now, I don't know what possibilities the game holds, but if I can make f.ex. a guild sign, that graphic is copyrighted to ME, no matter if I created it in Photoshop or in Mystic's editor or drew it on a paper, unless the EULA explicitly says otherwise.
    Hell, not even your CHARACTER NAME is your property, because essentially, all you did was enter a variable in a program, but that variable was planned for. Everything you type was anticipated down to the exact sequence (which is why you can't type in names they don't allow, or characters the program can't interpret).
    It's not your property, it's not your IP, but not for any of the reasons you mention. It lacks uniqueness. A compiler won't accept reserved words (names it doesn't allow) or handle invalid syntax (characters the program can't interpret), that's the programs right to define what is valid input, however there's no transfer of rights from the one who inputs it to the program it was inputted into.

    In the end it comes down to if an EULA can limit what you can trade things against. Personally I think DAoC could keep their noses out of if I trade gold for in-game items, USD or a blowjob.

    Kjella
    --
    Live today, because you never know what tomorrow brings
  44. like music software?? by gol64738 · · Score: 2, Interesting

    look, if i go out and buy Cakewalk Pro Audio, make a #1 hit song, should the Cakewalk people say that I cannot have rights to my song and not sell it?

    if i purchase Adobe Photoshop, can i not sell any images i create with it? or are the images only there for me to enjoy personally.... um.

    i don't exactly like the fact that some rich newb can purchase a character more powerful than the one i've built with hard work.
    BUT, i think online items, real estate, etc will be a very real future of virtual, real-time applications.

    if worse comes to worse, i suppose MMORPG companies can always insist that all auctions of game items must be done on their own game auction web site. that way, they could make a small percentage of the sales.

  45. BSI? by Xenex · · Score: 2

    "you can read BSI's press release..."

    Perhaps I've wasted too much time here and at E2, but am I the only person that saw 'BSI', and though:

    "What does Block Stackers Intergalactic have to do with this?

    Followed by: "Hell, since when have they released press releases?!"

    I guess I'm odd...

    1. Re:BSI? by DerekLyons · · Score: 2

      Perhaps I've wasted too much time here [slashdot.org] and at E2 [everything2.com], but am I the only person that saw 'BSI', and though:

      "What does Block Stackers Intergalactic [blockstackers.com] have to do with this?


      No : )

      Derekl on E2

  46. I don't think that's a good idea. by Nindalf · · Score: 2

    The point is that if it is possible to buy an advantage, it makes the game suck. If people are farming for money, this makes the game suck more, as they interfere with the people playing for fun.

    So taking a cut would not only hurt their image, but legitimize and encourage farming, hurting their gameplay, either costing them more in development and support to compensate, or costing them paying accounts.

  47. Re:It destroys the integrity of the game by IronChef · · Score: 2


    I don't think it's like that at all. It isn't a spectator sport. No one is betting on the outcome. Nothing is produced. Time spent in DAOC or EQ is utterly unproductive, besides the intangible "fun factor."

    It may infringe the integrity of the game, but the game is a self-contained system that exists for no other purpose than to occupy your time -- so how wrong can it go?

  48. slashdot and karma auctions by FrenZon · · Score: 2, Interesting

    All this talk about company XXXX blocking auctions of in game [MONEY | CHARACTERS | EQUIPMENT] .. what about Karma, eh? I seem to recall slashdot [FIDDLING WITH | DELETING] the accounts of those who try to sell their high-karma accounts on eBay.

    too much pepsi today.

  49. What you needed to do by Sycraft-fu · · Score: 3, Interesting

    Was join a good guild. While they won't hold your hand, they will help you out. I've recieved a fair amoutn of finincal and item support form my guild, and they continue to give it. I also give support to lower level characters, and make trips to rez epople and so on. DAoC really seems to be built on the idea of cooperation.

  50. What's wrong with selling... by SmurfButcher+Bob · · Score: 3, Insightful

    ...items is it favors the uubers, and is bad for gameplay.

    Face it, the majority of people with cash do not play EQ or DAOC 24/7... they would if they could, but they have jobs and cannot. On the other hand, they will tend to take longer to "finish" the game, and may offer a higher longevity of play (at $xx per month).

    So, you've got a choice. Focus (what's sold as) a long-term game on 4-month-life players, or focus on people who may play it for up to a year or more... at $xx per month, both cases. Not exactly tough guess which one you'd pick.

    The problem with selling items is it promotes farming. We all remember "EverCamp"... people waiting IN LINE to go kill a freakin mob. I've seen entire zones camped, by people who stayed there for weeks on end - long after the kills or item drops did anything for them, they simply exploited their high status to get items they'd sell for cash. And in doing so, they made it impossible for legitimate players to get and use.

    Farmers certainly piss off the casual, 4-hour-per-night player. Especially if there's a "waiting list" over 8 hours long, and big time if the farming causes an item unavailability. Real-cash sales of in-game items, if the game does not have anti-farm tactics, alienates game customers like crazy... because of the farming it causes, no other reason.

    I don't think the game vendor has legal right to prohibit such sales, however... such item transactions within the scope of a "game service" would simply be considered value-add. Their remedies are strictly limited to coding.

    Character sales, otoh, can be prohibited. The game is marketed as a service, and services usually cannot be transferred. After all, go sell your catv service to your neighbor some day. Or, your Triple-A auto-service. Or the extended warranty on your car. You can't sell your health insurance coverage, and you can't arbitrarily sell your mortgage. It just doesn't work... the agreements (contracts) are with you, period. Most times, the ability to sell a vendor's service to someone else generally requires a franchise agreement. And, no vendor is required to GIVE such agreements to anyone... nor should they be. You can't just open up a store and start re-selling Verizon Wireless, you can't decide to re-selling new (or used) AOL accounts... you need to get their permission. After all, they are the one entering into contract with the customer, and God Help Us All of you think you have implicit proxy authority just because you know them.

    You can, by law, sell or transfer the game license and media that was purchased in the store. You cannot arbitrarily sell or transfer the account used to play it, nor should you be able to.

    --

    help me i've cloned myself and can't remember which one I am

    1. Re:What's wrong with selling... by Animats · · Score: 2
      In general, you can sell an asset, but not an obligation. The asset can be a service that someone owes you. If someone owes you money, you can sell the debt to someone else for cash up-front and let them collect. (That's why financial calculators have a "Present Value" button.) That's the main business of finance companies. Mortgages are traded that way between banks all the time. In some states, California being one, debtors can sell their mortgage along with their house.

      Transactions like these tend to be business-to-business, but they're routine.

  51. So do like they do with AC accounts. by sweetooth · · Score: 2

    Trade the whole damn thing. You remove your credit card and address information from the account info screens and stop automatic monthly billing. Put your account on ebay (including a possible 5 characters on each server) and sell the whole package. Asheron's Call already is setup this way and it doesn't stop anyone from selling anything. There does seem to be one beneficial part to the selling and tradeing of accounts. You end up with people that haven't earned thier levels or equiptment and don't have a clue how to effectivly use them. They get bored quickly and leave the game in many cases which in turn reduces the number of high level characters.

  52. The real question with this is.... by sweetooth · · Score: 2

    When does the commission on providing for the safe sale of in game items and characters become more valuable to the company than the monthly income of the people that leave or won't play due to this "feature."

  53. except this is a bit different by Trepidity · · Score: 2

    since you don't have any items. sure, you can sell "your item," but they can just as easily say you broke the rules and delete the record of your ownership of that item from their databases. who are you to tell them what to do with their own databases?

    1. Re:except this is a bit different by WNight · · Score: 2

      What if your bank decided to write zeros in a few columns? Who are you to complain that one of these was your account balance?

      If they treat one player differently that another without showing beforehand that the player violated a rule, they could be sued for failing to provide the service they accepted money for providing. (And no, giving the money back doesn't magically cancel the contract.)

    2. Re:except this is a bit different by Trepidity · · Score: 2

      THe difference is that you have loaned the bank your money under certain terms (which you both have agreed to); these terms include the bank's promise to return the money to you upon demand (subject to some restrictions). Thus if they write zeros in the columns, they are violating your agreement.

      Here, no such agreement has been made. And they are showing that the player violated a rule - there is a rule explicitly prohibiting sale of game items and currency. The only people they are treating differently are those who violate that rule.

  54. even if it is by Trepidity · · Score: 5, Insightful

    It's also acceptable / legal for them to delete your account if you break their rules. Remember, they're not taking away any actual property from you, merely terminating your service because you did not agree by the terms of service.

  55. Mythic's self-interest by TheSHAD0W · · Score: 2

    Mythic wants to keep "cheaters" out of Camelot, because they feel newcomers who don't have a lot of cash will be miffed at not having the real goodies, and won't subscribe to their service. They don't want the game to turn into something like "Magic: The Gathering".

    On the other hand, look at how successful Magic cards have been. Maybe they ought to rethink their strategy.

    TheSHAD0W's law of Magic Card games: The winner will be the person with the most disposable income.

  56. sustaining an economy by MattW · · Score: 3, Interesting

    Some friends and I were discussing this the other day. We were discussing how if gold/etc rewards from killing things scales up with levels, it is trivial for a high-level character to supply low levels with gear. Therefore, what should happen, is items should have wear and tear, and the wear and tear should be too expensive to repair on a too-powerful-for-your-level item. This is one key to a functional economy, since the major problem with a MMORPH economy is there is eventually infinite supply, because nothing ever is destroyed. IE, give us entropy, or give us a joke economy.

    That said, people seem to have forgotten the "RP" in MMORPG. I'm waiting for a company to not only make a game like Everquest or DaoC, but enforce roleplaying so that idiots running around going, "d00d, the sword will spawn soon, let's get it!" are simply slain irrevocably and directed to read some "don't be an idiot" FAQ. Of course, this is the good thing about Neverwinter Nights -- it will form communities that do just this, and without the profit motive that Verant/et al have to permit any player, regardless of their crappy roleplaying. The sale of items, and more so characters, completely undermines the RP in a MMORPG. You should, over time, get to know what a person behaves like -- are they aggressive, generous, noble, etc? Of course, if they actually made a balanced game, then they could take an important step: permitting unwanted PKs to occur anyhow. A game isn't "competitive" if players can't compete against each other in a meaningful way. Racing to a certain level is not meaningful, because it indicates nothing more than time available to play. Best equipment? normally the same. But if players can take things from other players by force, killing them against their will -- that's different. Now its a fight to survive, a hunt to kill people off, etc, and you wrap that up with excellent roleplay, and its an unbeatable blast. Several muds do it well -- for example, Avendar or Carrion Fields. This REQUIRES some sort of active enforcement. Not a lot, but some, because it is important to not let the game be ruined by non-roleplayed mass murder, especially aganist the helpless/uninvolved, just for kicks (this was a serious issue with UO).

    1. Re:sustaining an economy by Ewan · · Score: 2

      The last time I looked, killing someone in Asherons Call, Ultima Online, etc, was trivial if you were a higher level than them.

      How does a level 40 archer shooting 1 arrow and killing a level 10 mage become "...a fight to survive, a hunt to kill people off..."?

      Ewan

    2. Re:sustaining an economy by Rogerborg · · Score: 2
      • I'm waiting for a company to not only make a game like Everquest or DaoC, but enforce roleplaying so that idiots running around going, "d00d, the sword will spawn soon, let's get it!" are simply slain irrevocably and directed to read some "don't be an idiot" FAQ

      EQ already mandates that your character name has to be "fantasy genre" (by which they mean generic psuedo-euro-mediaeval fantasy), but not a trademarked name. To me, that sucks major weenie, because everyone ends up with doofus names like "Gandolf" and "Al'k'lhrzar", rather than perfectly provenancable mediaeval European names like "Jonathon Archer" (but "Jon'thon Ar'cher" would probably be fine, simply because it's stupid).

      What exactly do they achieve with that? Well, they piss off players, they limit your degree of association with your character, and they spend time and money having admins enforce it, when they should be tracking down serial pkillers or bugs. Nobody wins.

      In principle, I agree with you. In a free-to-join, free-to-play environment (like traditional MUDS), it's workable. In a commercial game, where people have paid for access and have expectations of service (both reasonable and unreasonable), it's asking for trouble. What MMORPG could afford to kick off half of its players?

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:sustaining an economy by MattW · · Score: 2

      That's called "poor game design", although traditioanlly, even MOST games which generally permit "unrestricted" killing do restrict widely-divergent kills like that, like the muds I mentioned, have an absolutely limit of at most 9 levels of difference between the would-be combatants.

    4. Re:sustaining an economy by MattW · · Score: 2

      Obviously, it would be an mmorpg that cared more about their world than they did about their money. It should be noted that we haven't yet reached any sort of saturation point with MMORPGs. Each and every new one seems to be opening with a huge influx of players, and yet, I know there are MANY players who would play these games that do not, because they aren't "right" yet.

      That said, you're certainly right about the name thing, although it might help some people try to remember their setting. I think the best rule of thumb is just that a name should be something you could be born with -- ie, Jonathon would be fine, but "BoltThrower" would not be.

      Of course, free-to-join, free-to-play IS NWN, and their ability to "link" servers means eventually there may be hundreds of people across dozens of servers all playing freely and under the supervision of "GMs", who can address abuses and encourage/enforce roleplay.

      I still think, though, that when it gets to the point that a new MMORPG can only get players by taking them from an existing one because we reach saturation, that we may see a flight to quality by some new contenders. Certainly, I hope so.

  57. Re:It destroys the integrity of the game by jgerman · · Score: 2

    Time spent in DAOC or EQ is utterly unproductive, besides the intangible "fun factor."



    A productive activity being what? Productivity is relative. What's the fixation on being able to measure tangible results from an activity?

    --
    I'm the big fish in the big pond bitch.
  58. Re:It destroys the integrity of the game by IronChef · · Score: 2


    I'm NOT fixated on that, but everyone in this thread keeps talking about people being "owed for their work in the game," and I am trying to illustrate how that is not a good way to look at it.

  59. Vivendi Universal is mythics publisher by jon_c · · Score: 2

    Just as Microsoft is Turbins publisher for Ashrons Call, EA for UO and Sony for Verant's EverQuest (though i belive Sony owns verant).

    the strait dope can be found at site mythics site

    The only MMORPG game i've heard of that didn't have a large company as a publisher was Anarchy Online, which unfortantly seems to be failing badly.

    -Jon

    --
    this is my sig.
    1. Re:Vivendi Universal is mythics publisher by DerekLyons · · Score: 2

      The only MMORPG game i've heard of that didn't have a large company as a publisher was Anarchy Online, which unfortantly seems to be failing badly.

      Just like in book publishing it takes serious capital to develop, market, and ship the product to the masses. (Except that in the real world, once the book ships to the store, the company is largely done with it. In a MMORPG shipment must be done 24/7, with little interruption or slowdown (more like TV).)

  60. EverQuest players earn an average of $3.42 by michaeldouma · · Score: 2, Informative
    As mentioned by Slashdot last August, Everquest has spawned an economy with a per-capita income comparable to that of a small country. Article in New Scientist.

    Edward Castronova, of the economics department at California State University at Fullerton, studied thousands of EverQuest transactions performed through eBay to determine the real-world economic value generated by the inhabitants of Norrath.

    Castronova discovered that Norrath's gross national product per-capita is $2,266. If Norrath was a country, it would be the 77th most wealthy in the world, just behind Russia.

    Castronova also found that Norrath's virtual currency is more valuable in the US than the Yen. And his research shows that EverQuest players earn an average of $3.42 for every hour spent playing the game.

    ...

    Launched in 1999 by Sony, EverQuest is one of the largest role playing games on the internet. According to Sony, the game has 400,000 users in total, with up to 60,000 inhabiting the game at any one time.

  61. Another MMOG. by Uller-RM · · Score: 2

    AC = Asheron's Call - run by Turbine and Microsoft.

  62. Bunny Killers by ackthpt · · Score: 2, Insightful

    The worst aspect I've ever seen as a result of people buying established characters is that they have missed out on a lot of finer points of experience from game play. In short you end up with stupid high level characters, which on a whole can drag the game down, but only if more experienced players make the error of being led by these sorts.

    --

    A feeling of having made the same mistake before: Deja Foobar
  63. This is stupid by johnburton · · Score: 2

    It's a game. The game has rules and you have to play by them, you can't sell of your high score.

    It would be like manchester united taking legal action because the rules of football don't allow them to auction of goals they scored to another team for real money. Nobody prevents them from trying, but the football authorities would just ignore any change in the match scores.

    And to anyone who things this is a good idea, I've got a good space invaders high score for sale!

    --
    Sig is taking a break!
  64. Going after Mythic vs Sony by RubiX^3 · · Score: 2, Insightful

    I think it's a pretty interesting idea to try to go after Mythic than Sony or M$. Well at first anyway. From a legal tactics POV it would be smart to get the ruling against a small(er) company, then use the precendent as a weapon against a larger company and their expensive evil bloodsucking lawyers.

    MMMmm.. Wand of Precedence +7
    5 dollah!

    --
    -=o
  65. Huh? by autopr0n · · Score: 2

    A document you type in word is just a 'variable' So is the text I'm writing now (both in IE and slashdot). What's your point? When you write something, you own the copyright it doesn't matter how small it is, it doesn't matter where you wrote it or in what software program.

    It would do you a lot of good to learn the difference between 'intellectual property' and real property 'Intellectual property' doesn't even appear in the law, unlike 'real' property. IP is just a buzzword thought up by pro-IP groups to give themselves more moral authority.

    In reality, there are four kinds of IP. Patents, copyrights, trademarks and trade secrets. None of this has anything to do with trademarks, patents or trade secrets. It's all about copyright.

    But, the fact that they have copyright over something doesn't give them any extralegal control over you. I buy your book, I can sell it to whomever I want for however I want. The book is your 'Intellectual property' but it's my actual property. Copyright doesn't give you control over what's done with something, copyright gives you the right to copy. No one is copying these objects. They are just selling them.

    --
    autopr0n is like, down and stuff.
    1. Re:Huh? by DerekLyons · · Score: 2

      But, the fact that they have copyright over something doesn't give them any extralegal control over you. I buy your book, I can sell it to whomever I want for however I want. The book is your 'Intellectual property' but it's my actual property.

      Consider carefully the difference. A book is an item of real property, that you pay to take physical possesion of. A game character is an entry in a database that you pay to access. A game character has more in common with an apartment than a book.

  66. read it again by autopr0n · · Score: 2

    Google only gets a non-exclusive license. That would be like the ISP or pencle owner demanding that they get a (single) free copy of the book.

    --
    autopr0n is like, down and stuff.
  67. I agree.. by jcr · · Score: 2

    A deal's a deal, and if their TOS says that your character/swag/whatever aren't transferrable, then you're honor-bound to play the game by the rules.

    Buying another player's character is cheating, as far as I'm concerned.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  68. AOL and eBay by BenBenBen · · Score: 2, Interesting

    I recently attempted to sell one of my old UINs for ICQ on eBay, as it is very low and quite desirable; I received an email telling me that AOL had requested my auction be pulled as they were the "verified rights owner" of this number


    Seems that AOL have the monopoly on numbers now...

    --
    The Slashdot Paradox: "100% Overrated"
  69. Re:Believability of the Virtual World. by Perianwyr+Stormcrow · · Score: 2

    Bah, believability is something that was thrown out the window in the earliest days of Ultima Online. EQ derivatives don't even try. Why?

    People don't want a virtual world. Every time it's been offered, they've shied away from it.

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

  70. Re:Sad lives by JimPooley · · Score: 2
    If you ever reach the point in your life where buying a developed character in a game makes more sense than actually playing the game because the time simply can't be afforded, perhaps it is time to step away from the computer.
    How the hell did that get moderated as Flamebait? It's a perfectly valid observation.
    The whole point of buying a game is to play the game. If you then go and buy a pre-generated character or extra doo-hinkeys from someone else, you are NOT playing the game. You're cheating. There's no point in buying the game if you're going to cheat, you're just wasting your money.
    --

    "Information wants to be paid"
  71. Anti-Cheat measure by JimPooley · · Score: 2

    Look. It occurs to me that this is not about intellectual property or rights or any of that shit.
    What this is about, in my opinion, is that the game makers want people to earn objects BY PLAYING THE GAME, and not to cheat by buying them off other people.

    That's what it is. Cheating. I just don't see the point in spending money on a game and then cheating on it, the only person you're really cheating is yourself!

    Basically, what the game makers are saying is that if you want a 10th level sword of arsekicking, you need to play the game and obtain it yourself - not just take a shortcut and buy it off someone else.

    That's the whole point of having the game in the first place!

    --

    "Information wants to be paid"
  72. Re:It destroys the integrity of the game by IronChef · · Score: 2


    It's not cheating if the league rules allow it. And that's what I am suggesting: the game provider build support in, or even sell in-game items or abilities for cold hard cash.

    If it's the system, it isn't cheating. It's the way the game is played.

  73. Success of allowing item resales by GodSpiral · · Score: 2

    I don't play online MMORPG. The reason is that I would be paying to knowingly suck time away, and since I've had previous bouts with game addiction, I'd be setting myself up with motivation to get the most out of my $10/mo expense.

    If on the other hand, the game company had a purely and explicitly laisser faire policy on item sales, as an outsider, It would greatly enhance my odds of paying and participating.

    Its less of a time waste if there is an opportunity to cash out. Odds are I would probably never bother selling, but the assured choice makes all the difference in my decision to play.

  74. But it's duckable.. by hyphz · · Score: 3, Insightful

    Yes, TOS's banning the sale of items are quite common. The problem is that the EQ case showed that there's a way around it: sell the service of handing the item over (not "$25 for this sword" but "$25 for my time in logging in, meeting your character, and transferring a sword to them"), or the service of obtaining the item for them ("$25 for my time in logging in, adding you to my party, going to kill the R0X0R DRA60N where I deal 99% of the damage, then letting you have first pick from the loot window").

    I think the copyright argument is rather vague, too, especially for selling characters. It would be entirely reasonable to argue that the series of actions that a player chooses for their character to take in the game is the PLAYER's copyright, which is tangibly fixed in the character's logs and present statistics. Also, it is not clear if the sale of the server owner's intellectual property is an issue because after all the server owner does not lose it as a result of the sale (it is still on the server)

    But, at the end of the day, it really just shows that 90% of MMORPGs stink at the moment. Playing them is not fun; the only fun is in the reward you get for enduring the boring stuff for a while. Allegiance and Shattered Galaxy were quite playable, but every other MMORPG I've played has sucked rocks.

    1. Re:But it's duckable.. by Oliver+Wendell+Jones · · Score: 2

      The problem is, someone *buys* an account, pays the money, and then the guy never delivers. Who do they complain to?

      The game manufacturer.

      Another instance - player pays for an account, gets the account handed to them, then two days later they find that their password no longer works, because the original owner called up and said their account was 'hacked' and since they can prove they are the original owner, they get the password reset and get the account back. Who does the *victim* complain to?

      The game manufacturer.

      I don't blame them one bit for not allowing this.

      --
      A computer once beat me at chess, but it was no match for me at kick boxing -- Emo Phillips
  75. Re:Crazy The Point? by Anonymous+Brave+Guy · · Score: 2
    IANAL, but it looks to me like Mythic is interfering in interstate commerce. I think the law will not favor their stance.

    Well, they probably can't (and have no right to) stop someone paying someone else for a name and password. However, I don't see any reason they have to respect that name/password and let them continue to be used on their system, if they're not used under the conditions for which they were created (e.g., by the same user). That means the buyer bought worthless information, but that's not Mythic's problem.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  76. Mythic Sued Over Blocking Auctions of Game Tokens by crt_leech · · Score: 3, Interesting

    Think of it this way:

    Someone buys a membership to a gym (these games are memberships to, for all intents and purposes, a service or a club). Said person spends a lot of time working out with the bench press. So much time in fact, that he hogs it up 12 hours a day, during prime time hours.

    Eventually, said person doesn't want or need to use it all that time, so, they decide to sell off usage. He figures that he has the potential of using that entire time, so, why not sell some of "his" time to other members?

    It's basically the same concept. You are leasing an intellectual property that belongs to someone else. You should not be able to profit from it, without an agreement with the property owner.

    Same thing goes for movies, music, books, software and the list goes on.

    The big question I have though, how do we know that the majority of said auctioneers are not indeed employees at Verant Interactive - Sony, or whatever the associated software company is?

    If I was a manager at VI/Sony and I seen the interest in people buying in game items for real money, I would probably setup auctions as an official, un-written, policy. What better way of making more money with your intellectual property? Heck, they could probably make as much or more on selling items in auction then they do on membership fees. =)

    Of course, you would have to have an official policy that stated such things were not allowed, to help defeat competition from members doing the same thing. =)

    Laters,
    CRT_Leech

  77. Well its very hard to hit on Microsoft for AC... by Shivetya · · Score: 2

    If anything they are so "hands off" on matters that most people complain about the LACK OF enforcement .

    The issue here is, if trades like this are allowed who is ultimately responsible for their validness?

    The fact remains that when trades go sour the scammed person usually goes to the host of the game to get it fixed, even when they know that is wasn't allowed in the first place and heavily warned against.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  78. Precedents here could be very, very important by FreeUser · · Score: 5, Informative

    As we spend more and more time in virtual worlds issues like this will become more important. It is not inconcievable that, in five or ten years, most communication and interaction will happen in virtual space. Should people interacting in virtual worlds be limited in their rights and choices any more than those operating in the physical world? This question may sound silly, but there are important social and political ramifications as we spend more and more of our lives online.

    What about communications? Does a private company running a virtual world have the right to tell you what you can and cannot say to another person in that world? Under current law, perhaps. Is this desirable or, if and when we are spending most of our time communicating with one another in that sort of context, acceptable. Probably not, if you really think about it.

    The telephone company is a private corporation that owns most of the equipment and infrastructure necessary for one person to talk to another over any but the most trivial distances. For many people, most of their interpersonal communication takes place over the telephone.

    We decided early on that, despite the fact that the phone company is a private corporation, they may not deny service to anyone on the basis of what they say, may not in any way limit what one person may say to another using their equipment, and so on. In exchange they were granted "common carrier" status, meaning they bore no liability for the content of communication over their lines.

    These game worlds are precursors to a form of virtual reality (I hate the term, but cannot think of a more accurate one, assuming the original, unmarketdroid meaning is used) many of us may be spending much of our lives in down the road. Doubly true when we are extremely elderly and bedridden. As long as we've paid for the service, should we really be subjected to draconian TOS that decide if and how we may interact with others?

    Right now it is just a game, and most of us snicker at those who take it so seriously as to buy and sell virtual items with real money. But the precedents being set here will most likely have very far reaching ramifications into our own lives down the road, in contexts that are much more significant than a mere fantasy game. Do we really want non-democratic corporate Terms of Service dictating our rights and limits?

    The knee-jerk, libertarian response of "the TOS is paramount," go elsewhere if you don't like it shows that these people really haven't given much deep thought at all to where the technology is going, what the social implications are, and what the consiquences of allowing unfettered and unchecked corporate authority to trump individual liberties (remember those constitutional checks and balances? They don't exist in the corporate context, and only exist minimally in competetive markets ... and not at all once those markets become dominated by oligarchies or monopolies).

    Today it is about buying and selling virtual toys outside of a gaming context, i.e. regulating how consenting players may interact with one another and trade items they value amongst themselves. Tommorow it could be a much more compelling concern, but if so it is likely to be affected in no small part by the precedents we set today. It would be advisable if we thought long and hard on just what we want those precedents to be, rather than simplisticly dismissing the entire debate with "the company's Terms of Service are paramout, all other concerns are irrelevant."

    --
    The Future of Human Evolution: Autonomy
  79. You are kidding right ? by MosesJones · · Score: 2


    Ummm lets see. Native Americans have tried to claim their own country. So has Hawaii, so has Quebec, so have Kurds in Turkey and Iraq etc etc etc. These people have failed to get a country AND ITS WHERE THEY LIVE. They have seperate religions, backgrounds and language and yet cannot seperate form the countries they contain.

    And your idea is that A GAME, a series of 1s and 0s will address the UN.

    Sometimes people really should be made to study history and the evolution of nationhood. It took a war against the then dominant world power to create the US, then another internal war to get the country that exists today. The UN is _not_ going to recognise a virtual world. Neither is any other country, its a stupid idea for many reasons but of course the most blatent one is

    How do you become a citizen you have to either

    a) Be born their

    b) Be accepted as a national

    Now given that you have to have people before you can become a nation then b doesn't apply. And you can't be born their because

    IT DOESN'T REALLY EXIST

    THOSE AREN'T REAL PEOPLE, its an avatar system, saying that people in these games exist is like claiming that you can declare the nation of "NetMeeting" because lots of people are using that too.

    Can people on Slashdot PLEASE go outside sometimes

    --
    An Eye for an Eye will make the whole world blind - Gandhi
  80. Another failed math major ? by MosesJones · · Score: 2

    And if the "EverQuest" universe of Norrath were a country, its per-capita gross national product would be $2,266--comparable to the 77th richest country on Earth and ranking it between Russia and Bulgaria. Platinum pieces, the in-game currency known as pp, end up with an exchange rate of about a penny per pp, making "EverQuest" currency more valuable than the Japanese yen and the Spanish peseta.

    Which is heavier, a pound of lead or a pound of feathers ?

    Its the same damn question. A _single_ Yen is worth less but the CURRENCY is JUST as valuable as the Dollar at any point in time. It can then move up or down and people make money (or defraud it) on those differences, but the Yen currency is worth about 133 Yen to the Dollar. The Currencies are therefore equivalent.

    X = n * Y

    X is equivalent to Y and in terms of currency the WORTH is calculated on the CURRENCY not on the individual element of that currency.

    Is _the_ cent worth less than _the_ dollar ? Of course not _a_ cent is worth less than _a_ dollar.

    For the person at CNET who wrote that

    1) Get a life

    2) Get a clue

    3) Get a dictionary

    4) Get a degree

    --
    An Eye for an Eye will make the whole world blind - Gandhi
  81. Maybe, maybe not.. however by Zaphod-AVA · · Score: 2, Interesting

    The User's License Agreement may or may not hold up in court, but the fundamental reasons for banning the sale of virtual items are unsupportable.

    The argument is that sale of virtual items is damaging to the in game economy, and hurts the other players of the game. If this is true, then the in-game economy is already broken.

    People can and will give powerful items and commodities to other players for free, whether they are friends, guildmates, or a second account owned by the same person. To the game, this is exactly the same effect as player A selling some pile of junk to player B for real cash.

    Over time the line between 'real' money and virtual money will become increasingly blurred. ULA's like the ones existing game companies enforce are going to fail in the court system eventually.. I suggest game makers start making their economies robust enough to deal with it.

    -Zaphod

  82. Sometimes a pipe is just a pipe. by poot_rootbeer · · Score: 2


    I think you're reading way too much into the intentions of prosecutors when they go after 'scumbags, Rod. Well, maybe I shouldn't say "go after" because that implies malice. They're just doing what they're paid to do.

    They go after kiddie-pornographers first because they want to punish monsters who try to profit from the abuse of children.

    They go after terrorists first because they want to prevent terrorists from killing people.

    They go after self-confessed promotors of the violation of copyrights first because violating copyright is against the law and they already have a confession, so it's an open-and-shut case.

  83. Re:Why they porobably hate item/char/money auction by kindbud · · Score: 2

    But that kid actually drives the robot pretty well. And his is the kind of robot that really needs a good driver, 'cause the weapons are just a ramrod and a wedge. For most of the robots (the Whyachi's are a notable exception) driving is 90% of what it takes to win a battle. Building the thing is the easy part.

    I have no problem with someone buying a Battlebot off of eBay, anymore than I'd have a problem with someone buying a modified motocross bike and entering a rally with it.

    --
    Edith Keeler Must Die
  84. Re:Why they porobably hate item/char/money auction by DerekLyons · · Score: 2

    I have no problem with someone buying a Battlebot off of eBay, anymore than I'd have a problem with someone buying a modified motocross bike and entering a rally with it.

    But there is a huge gap between your examples and characters in a game. Purchasing a 'bot or a bike does not increase the abilities of the purchaser. If you can't drive a bot, you'll still lose the competition, if you can't can ride the bike, ditto.

    If you purchase a high level character, it allows you do things that you would otherwise be unable to do. It offers an unfair advantage over those who work within the rules of the game. (You can stomp through the less dangerous area's, essentially robbing spawn and treasure from lower level characters.)

  85. Re:Good idea... by sik+puppy · · Score: 2

    There is a relationship between Mythic and Vivendi-Universal. Thats some serious ambulance chaser power on tap...

    --
    The first thing we do, let's kill all the lawyers. Shakespeare, Henry VI, Part 2, Act 4, Scene 2
  86. Re:How stupid, to miss a great business opportunit by sik+puppy · · Score: 2

    They do - if you die and release (don't get resurrected by another pc) - you lose points of constitution and have to pay to get them back...It gets very expensive at high levels

    --
    The first thing we do, let's kill all the lawyers. Shakespeare, Henry VI, Part 2, Act 4, Scene 2
  87. Why wouldn't they be? by Trepidity · · Score: 2

    It's their game, they can make up any rules they want. You don't have to play if you don't like them...

    1. Re:Why wouldn't they be? by WNight · · Score: 2

      Gotcha, so blacks, gays, and people who work for competeing companies can't play.

      We'll see how long that lasts in court.

    2. Re:Why wouldn't they be? by Trepidity · · Score: 2

      That's a touchy issue. Private groups can discriminate against whoever they want (i.e. the Boy Scouts don't have to let in gays), but public accomodations can't (i.e. restaurants do have to let in gays). I'm not enough of a legal expert to say into which of these two groups an online game would fall.

      And anyway, public accomodations are only prohibited from discriminating on the basis of very specific things outlined in federal legislation. I don't think people who sell their characters are one of the protected groups. I certainly don't see how a company could be disallowed from prohibiting a certain form of cheating in their online game.

  88. source? by Khopesh · · Score: 2

    hey, I know Slashdot isn't terribly interested in validation of stories, but can't the editors at least make sure each story points to further information (or provide it as an article)?

    the only links in this story are to the companies mentioned, NOT the alleged lawsuit. so much for journalistic integrity...

    --
    Use my userscript to add story images to Slashdot. There's no going back.