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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."
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!
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?
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.
"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.
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.
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).
...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.
... (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
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.
10 PRINT CHR$(205.5+RND(1)); : GOTO 10
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.
... and not at all once those markets become dominated by oligarchies or monopolies).
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
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