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Law and Virtual Worlds

Greg Lastowka writes "In light of yesterday's spirited discussion of the Shadowbane hack, I thought folks might be interested in this forthcoming article about the laws of virtual worlds. The article has three parts: 1) a history of virtual worlds (e.g. Space War --> MMORPGs), 2) a theoretical analysis of whether virtual world "property" can/should be treated as legal property, and 3) an analysis of whether virtual worlds can/should give rise to any other legal rights, i.e. rights of avatars -- an idea first floated by Raph Koster. I realize there are plenty of strongly-held and divergent opinions on this, so hopefully this might add to the ongoing conversation. Also, we're revising this for publication over the summer, so we will be reading the comments for any corrections/insights/humor that we can incorporate into our revisions."

283 comments

  1. Amazing amounts of by Gortbusters.org · · Score: 5, Interesting

    money can be found on people selling their DAOC, EverQuest, and even Ultima Online characters.

    Sometimes I wonder... why not just buy a character and spend the rest of your time doing something more productive. After all, if you take your salary at an hourly rate, you're really losing money by playing games all day/night/forever.

    --
    --------
    Free your mind.
    1. Re:Amazing amounts of by grub · · Score: 1


      Screw that. Send out extortion letters to thousands companies. Even if 1% pay you what you ask, you're still ahead.
      Hmm. I should patent that process, unless of course SCO has already done it.

      --
      Trolling is a art,
    2. Re:Amazing amounts of by Jad+LaFields · · Score: 5, Funny

      Speaking of which, can I get someone to live my real life for me? Specifically, the working/commuting/dental exams parts? I think part of the appeal of virtual worlds is that they are less contrained by the rules/laws of the real world.

      --
      [SIG] It's like putting a moose in the blender -- a recipe for disaster!
    3. Re:Amazing amounts of by ePhil_One · · Score: 4, Insightful
      Sometimes I wonder... why not just buy a character and spend the rest of your time doing something more productive. After all, if you take your salary at an hourly rate, you're really losing money by playing games all day/night/forever.

      If you take your salary at an hourly rate, why watch TV, why play with the kids, why sleep, why read a book?

      Its a game, its about enjoying yourself, relaxing, exercising your mind in a different way. Just try to avoid crawling into your basement and shunning human contact for days at a time.

      --
      You are in a maze of twisted little posts, all alike.
    4. Re:Amazing amounts of by Bonker · · Score: 1

      This would assume that there is only one type of MMORPG player - those who want the highest level character possible in order to play and experience the pinnacle of the game despite having little or no room for advancement.

      In fact, this is not the case. There are many, many reasons people play MMORPGs, including the thrill of advancement, social interaction, exploration, strategy, and tactics. All of those reasons for playing will encourage a character to start out on his or her own and advance a character through the mechanisms in the game rather than just buying a pre-leveled/advanced character.

      Social interaction, for example, is pretty difficult when you have friends you don't know about -- those the person you bought your character from happened to make during his advancement -- and you have to gain the trust of people who've learned not to trust new faces at the 'high end' of any given MMORPG.

      --
      The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
    5. Re:Amazing amounts of by Jester99 · · Score: 1, Funny

      Congrats, you failed the section in 11th grade english when you learned about "sarcasm" :)

    6. Re:Amazing amounts of by Meiyo+Neko · · Score: 1

      "Specifically, the working/commuting/dental exams parts? I think part of the appeal of virtual worlds is that they are less contrained by the rules/laws of the real world."

      You must not have played Freelancer.

    7. Re:Amazing amounts of by Daniel_Staal · · Score: 3, Insightful
      If you take your salary at an hourly rate, why watch TV, why play with the kids, why sleep, why read a book?

      Because it is worth more to me than the approprate salary payment would be.

      Seriously. I'd work less hours at my job if I could, but the money is worth it to me. I won't work more because I have enough and the other activites are worth more to me.

      --
      'Sensible' is a curse word.
    8. Re:Amazing amounts of by countvlad · · Score: 1

      Simply put, anything is worth whatever you can get for it. I view the emergence of "online virtual merchandise" as another iteration of free markets, as well as a deeper extension into what we consider entertainment. Many people are willing to drop hundreds to thousands of dollars to buy that brand spanking new plasma HDTV, or a new 500 dollar video card (which will cost half that in 2 months) for the sake of entertainment. If you're going to play an online game like EQ/UO/DAoC/SB/AO/AC for a greater period of time than you watch TV, then why not drop a couple hundred dollars buying that new item/cash/account on ebay? The monthly rate of MMORPGs is relatively cheap (compared to the cost of cable/satellite), and (most) items sold cost substantially less than a brandspanking new computer. Frankly - I wouldn't be caught dead buying virtual crap like that. I do, however, sell to people who are willing to buy such merchandise. I also wouldn't spend $500 on a new video card that will cost me half as much if I wait a bit. But that's me. The only thing that DOES suprise me, however, is that game companies have not yet begun exploiting this -- although I hear that Origin (of UO fame) is selling "premade" characters for a fee. And IIRC, UO2 was supposed to have an integrated virtualreal world economy (that might have been just a rumour, though). If I were a MMORPG developer, I would DEFINETLY consider the integration of a virtualRL market into my product, and milk the people for what they were willing to pay. Vlad

    9. Re:Amazing amounts of by vadim_t · · Score: 1

      So, what is the monetary value of an hour with your SO?

    10. Re:Amazing amounts of by anakin357 · · Score: 1

      I've made a bit over $7,000 (Yes, real money) in the past few years selling off equipment from a game you dont even mention: Asheron's Call.

      And with my many many ebay auctions I've held, a few asshats have tried to rip me off. Notice I said tried. Even though the item "has no value" like many of you agree, this story is pretty interesting.

      I once had a guy who bought an item, received it from me, and then claimed credit card fraud to his CC company, which ended up freezing my PayPal account. He then called up Paypal and said that the item in question was an intangible item, therefore I shouldn't have even been using their service. They agreed with him at first... but no jackass is going to cheat me out of $500 bucks... it was my rent money for crying out loud.

      I forwarded all of my correspondance with the guy to PayPal, and eBay. Even though their TOS say that intangible items are not covered by their TOS, they certainly take CC Fraud seriously. After about a week, my account was unfrozen and I ended up with the money.

      The suits of armor, items, etc that I sold had far less value than the avatars I've sold.

      In my (professional?) opinion, litterally hacking a server is unquestionably prosecutable. Hacking in the sense of altering packets or changing a couple bytes in the executable to obtain godlike status is really just a problem with the game, and needs to be patched. I'll leave it up to the game developers to permanently ban this person from using their servers.

      I like the attitude of the developers of Asheron's Call: Tell us how you did it, and how to fix it if you know, and we'll let you go free.

      --
      http://www.fsckin.com/
    11. Re:Amazing amounts of by lionchild · · Score: 1

      Its a game, its about enjoying yourself, relaxing, exercising your mind in a different way.

      But, is that what folks playing in the various MMORPG's are getting? I suspect folks who end up "crawling into their basement and shunning human contact for days at a time" are the ones who have lost sight of why they're playing the game in the first place. But, perhaps it's an easy trap to fall into?

      --
      Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
    12. Re:Amazing amounts of by Anonymous Coward · · Score: 0

      I don't know, but $200 gets you an hour of fun that has no strings attached...

    13. Re:Amazing amounts of by Anonymous Coward · · Score: 0

      You are only scratching the surface my friend...

      For the last 3 years, my annual net income before taxes has been in the six figure range(on the low end, just over 100K).

      All of that comes from MMORPG's. People spend billions every year on video game products. MMORPG's allow the unique ability to add value to those products. That value is worth a lot of $'s to a lot of people. I sell my goods to people all over the world.

      My initial investment was about $5,000 for computers and game accounts. I work 5-10 hours a week for all that cash. It is by far the best "job" I've ever had. I know 100K may not be all that much to some of you, but trust me, it goes a long way here in smalltown Midwest.

    14. Re:Amazing amounts of by StealthBadger · · Score: 1

      There's a website put together by military spouses and military personnel on leave, and they make a great deal of money cranking out in-game money for The Sims Online and selling it for US $$.

      (tongue in cheek) Amazing when the US Military is subsidising its income in the electronic entertainment industry.

      Truthfully, I'm ashamed that they have to, but glad they have the opportunity to make the money they need in such a non-conventional manner.

      --
      Searching for Truth, Justice, and the Guy Who Boosted My Wallet a Few Weeks Back....
    15. Re:Amazing amounts of by Mattsson · · Score: 2, Interesting

      Considering that a character may actually be worth physical money, how long until the first court case regarding the murder of an online avatar? =/
      I'm actally amazed that this haven't allready happened in the US, since people sue for all kinds of stupid reasons.
      Or maybe it *has* happened without it being reported on slashdot? =)

      --
      /.Mattsson - My native language is not English, so please don't whine over linguistic errors. (That's lame anyway...)
    16. Re:Amazing amounts of by grammar+nazi · · Score: 1

      Linguistic errors??? That's not what we call them in English, buddy. They're grammar errors and you guilty of a few!!

      --

      Keeping /. free of grammatical errors for ~5 years.
    17. Re:Amazing amounts of by Anonymous Coward · · Score: 0

      They're grammar errors and you guilty of a few!!

    18. Re:Amazing amounts of by Anonymous Coward · · Score: 0

      What about the sex part?

    19. Re:Amazing amounts of by ihummel · · Score: 1

      No, Amazon.com has already done that. What haven't they patented?

  2. Jesus fucking tapdancing christ by stratjakt · · Score: 5, Insightful

    Thats all we need, another tangled mess of laws to do with frigging online chatrooms and shit.

    Listen.

    Your virtual house in the Sims is worth nothing. No more than if I kicked in your sandcastle at the beach, or knocked over your chess board in the park.

    I can be charged with mischief, or maybe even assault if I threatened you as I knock all your checkers into the sewer grate.

    No more zany computer laws!

    --
    I don't need no instructions to know how to rock!!!!
    1. Re:Jesus fucking tapdancing christ by Anonymous Coward · · Score: 0

      Here here!!!

      These are services, privately owned. If the customer is unable to use the service (e.g. due to unavailability), the customer gets his/her money back....that's it. You can't own what you didn't buy, right? (all you warez people can just hush up ;-) )

    2. Re:Jesus fucking tapdancing christ by Qzukk · · Score: 1

      If the customer is unable to use the service (e.g. due to unavailability), the customer gets his/her money back....

      In context with the hackers ruining the virtual world, doesn't this mean that the company has a financial loss due to the actions of the hackers and the hackers should be liable for that?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    3. Re:Jesus fucking tapdancing christ by CFrankBernard · · Score: 1

      I don't like your subject line (and neither does He), but I agree with this idea: our government has a full-time job punishing counterfeiting already. Although some see a fine-line between virtual/game money and the ex nihilo fiat "funny money" Federal Reserve Notes made for and by profit-seeking non-Federal/private shareholders who lend to our Government, our FRN's are nonetheless given to us by our Government, which was given the authority to do so. If the Government considers every programmer's form of money to be protected by law, I would shake my head at its financial wisdom : ) I hope/pray the Government won't (continue to) waste my tax dollars.

    4. Re:Jesus fucking tapdancing christ by Qzukk · · Score: 5, Insightful

      Your virtual house in the Sims is worth nothing.

      Why is it worth nothing? Lets take a look at a progression here.

      If I were to build a house in Missouri, would you deny that it has value?

      If I were to spend hours building bird houses, would you deny that they have value?

      If I were to spend hours making paper roses to sell on a street corner, would you deny that they have value?

      - Now that we have identified that objects I produce have value, regardless of the triviality, lets move on.

      If I were an author and wrote a book, would you deny that it has value?

      If I wrote a book and sold it on a street corner, would you deny that it has value?

      If I wrote a book and sold it online, would you deny that it has value?

      If I wrote a book and only sold it online, would you deny that it has value?

      If I wrote a book and only sold it online, in an electronic format which you downloaded, would you deny that it has value? (in case you're not understanding, this book has no physical manifestation aside from a series of bits in various places.)

      -- If you've said No so far, then we've established that lack of a physical manifestation of what I have produced does not prevent it from having value. So, one last question:

      If I build a house online, would you deny it has value? If so, why?

      Now, lets assume that you said that you denied me my value. At what point was that? Was it the roses? (I have seen a number of nonprofits that employ blind or otherwise handicapped people to produce and sell these or other small trinkets) Was it the electronic version of the book? Even if you did not receive a physical object with "bookness", you obtained the output of many days of the labor of multiple people (the author, the editor(s), and so on...).

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    5. Re:Jesus fucking tapdancing christ by vadim_t · · Score: 1

      While I agree that laws are getting insane lately, the way how things currently are it actually makes sense. Currently it seems that paying $800 for a license, which may not even need to be a physical object, so what's so strange about owning something in a virtual world?

    6. Re:Jesus fucking tapdancing christ by tomhudson · · Score: 1
      ... so just give them a f$cking AAA battery and say you're returning their electrons to them. The players don't own the avatars, so they have no grouds for suing based on "ownership". That's what TOS are all about, anyway :-)

      Besides, once a hacker hacks into a virtual world and makes changes to that world, he/she is "god", in the sense of "not subject to the rules of the world", and any such damage is rightly an act of god, and non-tortous (fuck, can't believe I wrote that, and, worse, that it makes sense).

      After all, shit happens in the real world, so why not in the virtual ones?

    7. Re:Jesus fucking tapdancing christ by realdpk · · Score: 2, Interesting

      If I build a house online, would you deny it has value? If so, why?

      If you built the house yourself - as in, wrote the code or designed this virtual house with HTML or whathaveyou, using your own tools (or tools you've bought) on your own servers, then it may have value to you.

      However, in this case, you didn't build the house. You interacted with a game engine which flipped bits on EA's servers. You didn't write the code that did it, you don't own the hardware it is stored on. You're merely playing a game on someone else's machine/network, and paying money for the privilege.

      A key point here - if EA shuts down those servers tomorrow, they don't owe you anything, except perhaps a partial credit for any pre-paid game time. They won't and should not compensate you for the virtual house and the virtual pizza oven, because you never owned them. They won't (and also shouldn't) compensate you for the money you spent playing the game to try and build that house, either, because you were only paying to play the game.

    8. Re:Jesus fucking tapdancing christ by johnstein · · Score: 1

      A key point here - if EA shuts down those servers tomorrow, they don't owe you anything, except perhaps a partial credit for any pre-paid game time. They won't and should not compensate you for the virtual house and the virtual pizza oven, because you never owned them. They won't (and also shouldn't) compensate you for the money you spent playing the game to try and build that house, either, because you were only paying to play the game.

      This is an excellent point! In the end, you don't even own the game... just a license to play it. There is something to be said of laboring over some project, be it a real house, or a book, or roses, or computer code, or a pretty picture made in MSpaint, or even a game character or virtual house. It's a great feeling to spend time with something and make it better or to create something PERIOD! but in the end, you need to ultimately realize what truly constitutes that which you have just made.

      The house, you can live in. The book, you can share your ideas with. The roses, you can smell. The game character, you can have fun with at your liesure. The simulated house, you can show your friends and use it to enhance your gaming experience. But as the person above said, ultimately, that virutual house is data on a remote server that could shut off at anytime.

      -John

      --
      "The definition of insanity is continuing to do the same thing and hoping for different results"
    9. Re:Jesus fucking tapdancing christ by Saeculorum · · Score: 1

      However, in this case, you didn't build the house. You interacted with a game engine which flipped bits on EA's servers. You didn't write the code that did it, you don't own the hardware it is stored on. You're merely playing a game on someone else's machine/network, and paying money for the privilege.

      Do you really think most homebuilders cut down every log themselves and assemble it themselves? Does using others' help deny value? If I hired someone else to build me a house on some land I don't own yet (because it's on a mortgage) and with materials I don't own (because they're paid for by a mortgage), does it not have any value? I agree with the rest of your points though.

    10. Re:Jesus fucking tapdancing christ by Tropaios · · Score: 1

      Without going too deeply into whether or not bits have value (at least not just yet), your post has been labeled "Insightful" and I must disagree.

      I am not saying it is not a valid opinion just that it is not insightful in the least.

      What you have stated is simply a revised version of the Sorites Paradox, which poses the series of questions: Would you describe a single grain of wheat as a heap? No. Would you describe two grains of wheat as a heap? No. ... You must admit the presence of a heap sooner or later, so where do you draw the line?

      This is a fallacy of logic often committed by people with little or no formal training in logical reasoning.

      Another example: Is it an assault for me to forcibly remove 1 hair from your head? No. Two then? Surely not. Alright, 3? What then if I remove 10? Unpleasent to be sure, but assault? Definately not. A whole handful? Perhaps. If I systematically remove handful after handful until you are bald? Almost certainly. Then I implore you, tell me how many hairs I can remove without assaulting you.

      It is not so cut and dry is it. If we incrementally go up from 1, 1 at a time where is the division. If it doesn't exist at any given point then I must surely be able to pull hair at will without concern for recourse.

    11. Re:Jesus fucking tapdancing christ by Qzukk · · Score: 1

      if EA shuts down those servers tomorrow, they don't owe you anything

      This is codified in the EULA. But what about systems where items in the game are expressly given value which can be exchanged for "real" money. (What was that one game that showed up on /. a while back, before "There"... all I remember about them is that they were planning on making items decay over time and that you could pay to get better items. I wonder what happened with it? Or There for that matter...)

      In this case, if some hacker sank your belongings to the bottom of the sea, or Hiro Protagonist himself came and cut off your head and hid it so you couldn't log back in, there would be clearly be value lost.

      However, in this case, you didn't build the house. You interacted with a game engine which flipped bits on EA's servers.

      How much interaction would be required to claim I built the house? What if the game engine allowed me to import a building I drew in autocad (or whatever architects use to design houses... I'm an engineer :P)? How about if the engine allowed me to cut down trees, hew the logs into planks, and assemble the house using nails I hammered out on a forge myself? These would all be "bit flipping" operations.

      The thing is, this idea may determine a lot more than whether some little brat has to remunerate each player individually as well as the owner of the servers they hacked or not. Any legal decision on this subject will determine how virtual worlds are developed for a long time to come.

      Personally I think it would be cool to create Stephenson's Metaverse. Which won't happen if we can't have companies or individuals develop objects or avatars or events for the Metaverse, because of a lack of value. Individuals working for fun can only go so far.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    12. Re:Jesus fucking tapdancing christ by realdpk · · Score: 1

      They pay people to cut down the logs. They're not paying people so that they can watch them cut down logs, and then watch them refine them down to 2x4s and watch them assemble them into a house.

      In this case, technically, all of the "work" was already done. We're just paying to view it, and interact with it.

    13. Re:Jesus fucking tapdancing christ by Qzukk · · Score: 1

      It is not so cut and dry is it. If we incrementally go up from 1, 1 at a time where is the division. If it doesn't exist at any given point then I must surely be able to pull hair at will without concern for recourse.

      True, but in my case I argue that there IS no division because both ends of the argument are on the same side. Instead of how many hairs, try "If I give George Bush $100 to pardon me, is that bribery?" and start counting up from there. No matter how high you go, there is no division between bribery and not-bribery. This is not a Sorites Paradox.

      I have three sets of questions that determine a domain for "things that have value" using two variables: realness and trivialness. While I should have asked about authoring a book on the trivialness scale (The first set of questions) I believed that most people (the audience for this argument anyway) would indicate that yes, a real book has value.

      Once establishing that the domain of things-with-value includes non-trivial and trivial objects, and real and non-real objects, I ask if there was a discontinuity in this domain for a virtual house, and why.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    14. Re:Jesus fucking tapdancing christ by realdpk · · Score: 1

      I'd imagine if a system allowed you to pay real money for items, and you had real money in there as a "reserve" to buy more items, that they'd be basically like a bank, ala Paypal. I admit that sort of thing does make it more complicated; luckily it is in the minority as far as games go.

      What if the game engine allowed me to import a building I drew in autocad?

      You'd still own the autocad file - you could use it elsewhere (unless you assign the rights to it to them upon uploading, I suppose. Still, that'd be your choice to make.)

      The log cutting - if you choose to pay money to cut logs in a game, I'd say you were paying for the amusement involved with cutting virtual logs (yippie!), rather than the logs themselves.

      This does raise an interesting point though. What will they do with games once they reach a state where people can actually influence the game's progress? So far this is only barely there. But in the future, maybe we'll see situations where people are generating content for the games for other people to use.

      I dunno what to say about that. One side of me wants the content creators to be compensated, since they're doing something the publisher would previously do, the other side tells me that the publishers are pretty clearly selling entertainment, and if people think creating content is entertaining, then they've(publishers) done their job.

    15. Re:Jesus fucking tapdancing christ by Qzukk · · Score: 1

      No no no, if I attack everquest and take the servers down or just take god status and screw the game up, and the players demand refunds, then I have caused financial harm to the company running everquest. Am I not responsible for that damage?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    16. Re:Jesus fucking tapdancing christ by Anonymous Coward · · Score: 0

      "if EA shuts down those servers tomorrow, they don't owe you anything"

      If the Vogons destroy the earth tomorrow, do they owe us anything?

    17. Re:Jesus fucking tapdancing christ by Buzz_Litebeer · · Score: 1

      Since the game is provided as a service (not a good) then you cant claim it as a goods or service. You made your online book, you own the copy right for it, in fact copyright law is specifically there to protect such transactions, so that you can be the only seller or only person to give the rights to sell your copyrighted material.

      To SELL copyrighted material without a license is piracy. (though copying for you and your friends for free is not since no money was made, but thats another argument).

      you did not provide labour to build the house, you may have put labour in, as a part of the service provided, but it is still a service. Your service ends, along with the house, and whatever crap you bought online, the second you close your account to the game. The house is a form of ranking of use during the service, the online house is not a good, it is not physically created, it is a maniftestation of the service.

      If a hacker comes on, deletes your character, deletes your house, then the only liability is the monthly charge that may need to be refunded for that month by the service provider, and you may stop using there service as well, since they provided bad (as in hackable service).

      The whole reason the online service provider is liable in any way to even return to a backup is solely because they want your continued use of their service.

      Just because you can sell your virtual property, you are in essence just selling your time using the service to gain higher ranking within the service, and then you can sell this effort to someone else. But since it is againts the rules of most of the services (everquest daoc etc) to sell your manifestation of service online, they hold 0 liability if your service and manifestation thereof gets deleted in transfer, or is destroyed by another player.

      It is all part of the service, which you accepted when you joined, and if you do not enjoy the service because of an act of another player, or faulty security on the part of the service, you can ask for the most recent months refund, or refund of remaining credit, and quit the service. :-) It would be similar to renting a truck, then making a modification to the truck, and saying you owned that part of the truck because you modified it, and then selling the modication to someone after you have given the truck back to the company, then suing them because they removed the modification but you wanted to sell it.

      --
      If you don't vote, you don't matter, so don't waste your time telling me your opinion
    18. Re:Jesus fucking tapdancing christ by Anonymous Coward · · Score: 0

      A house online has no value because it cannot be lived in. Information in a book online is still information that can be used in the real world. Money in a bank can be withdrawn to purchase one of your cheap paper roses on the street corner

    19. Re:Jesus fucking tapdancing christ by Anonymous Coward · · Score: 0

      By your logic, I guess its OK if I run a big magnet over your hard drive and erase it. After all - the drive is still there, same as the chess pieces you knocked over. I just rearranged the electrical charge of the platters.

    20. Re:Jesus fucking tapdancing christ by Beliskner · · Score: 2, Insightful
      A house online has no value because it cannot be lived in. Information in a book online is still information that can be used in the real world. Money in a bank can be withdrawn to purchase one of your cheap paper roses on the street corner
      You are assuming your physical body has value. Of what value is a house or a tonne of gold to a man who is about to commit suicide?

      During the Spanish crusades, the Spaniards raided the Mayan civilisation for Gold. When the Chinese leaders learned of this they laughed, as Gold has no value to the ancient Chinese, whereas Jade can buy a thousand palaces. What value does a Pentium IV have to a starving Ethiopean with no electricity? Why do we pay so much for them then?

      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    21. Re:Jesus fucking tapdancing christ by meta-monkey · · Score: 1

      So, just because something is temporary, it has no value?

      But, doesn't a car lease have value? It'll disappear, it's only temporary.

      I went to a wedding once where the couple paid like $800 for an ice sculpture. It melted. So, did it have no value?

      The roses in your example will be black in a few days. Things which are temporary are still valuable.

      Now, then, are you saying that they only don't have value because they're not tangible? That it's the fact that they only exist on the server, which could be shut off at any time that means they don't value? What about a web site? I don't host my own web site. I pay another company about $15 a month to do it for me. However, they could shut it off at any time, or erase all my data there, including user-contributed data like forum posts or on-line order records. Those have value, they're property, but they could be destroyed at any time.

      Legally, something most certainly does not have to be tangible to have value. I don't want to get into a moral discussion of intellectual property, but it's most certainly a legal issue. Trade secrets may never actually be written down, but they have value. I'm not sure if the seven secret herbs and spices that go into Kentucky Fried Chicken are ever written down, but that knowledge has value, and is property, and if someone "stole it" by sharing it with another, KFC would bring down a mighty lawsuit.

      Virtual objects have real-world value. I remember seeing a story on slashdot awhile back about an economist who studied Everquest, and was able to determine, based on on-line auction prices and the like, the value of the Everquest currency to that of the US, the size of the everquest economy (bigger than some countries), the average wage, etc. There was even a shady company that set up a dark age of camelot sweatshop in mexico. They paid workers to sit at the computer, and play the game finding/crafting items, and then sold them on ebay. They got sued and shut down, but, still, to say that it's not property just because it's got no value to you is short-sighted.

      --
      We don't have a state-run media we have a media-run state.
    22. Re:Jesus fucking tapdancing christ by enjo13 · · Score: 1

      Your telling me that this is different than an electronically distributed romance novel? How does that have any more value (beyond entertainment value, which both clearly have) than the house online?

      --
      Turn s60 photos into awesome videos with mScrapbook for all S60 3rd edition phones!
    23. Re:Jesus fucking tapdancing christ by colinduplantis · · Score: 1

      This discussion is interesting in light of a recent /. posting about a series of essays by Martin Rhees. In particular, he suggests that, given a sufficiently powerful computer, the universe could be pretty realisticly modeled. So realisticly, in fact, that we, ourselves, could exist only in a computer simulation of a more complex universe made by more complex beings. So, perhaps we should be careful how quickly we move to dismiss the value and interest of our own simulations of the universe.

      --
      If you love something, let it go. If it comes back to you, hump its leg.
    24. Re:Jesus fucking tapdancing christ by yourmom16 · · Score: 1
      But, doesn't a car lease have value? It'll disappear, it's only temporary.

      I went to a wedding once where the couple paid like $800 for an ice sculpture. It melted. So, did it have no value?

      The roses in your example will be black in a few days. Things which are temporary are still valuable.

      In the first example the car lease will disappear, but they cant legally make it expire at any time other than that given in the contract. In the other 2 examples they were destroyed by nature, and not at man's discretion so they are similar to the 1st example. When the parent poster said 'at any time' he meant at the discretion of a person or group of people.

      They paid workers to sit at the computer, and play the game finding/crafting items, and then sold them on ebay. They got sued and shut down, but, still, to say that it's not property just because it's got no value to you is short-sighted.

      the parent did not say that it wasn't property because an account has no value to him, but rather because the player doesn't own it. And simply because someone will pay for something does not give it value. If I donate money to someone does that mean that nothing is worth something?

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
    25. Re:Jesus fucking tapdancing christ by tyllwin · · Score: 1

      No, it's not a Sorites paradox. It's either a fallacy of composition, or of converse accident.

      You assume that because *some* things you produce have value, *all* things you produce must have value. You neglect the possibility that you could labor many hours to produce something of no value whatsoever.

      In fact, your production may *decrease* the value: if you happen to be an incomp[etent builder, a real life house may have no value at all (being condemned by the city as unfit for human habitation) and be worth *less* than the raw materials you yused to produce it.

    26. Re:Jesus fucking tapdancing christ by tyllwin · · Score: 1

      Apologies -- even *I* usually type better than that, but it won't let me fix it at this point

    27. Re:Jesus fucking tapdancing christ by ndogg · · Score: 1

      Ah, but there are people who have web pages hosted on computers that are not their own. Those servers could be shut down by their owners at any time. Does that make the web pages that people put on those servers the property of the servers' owners? Or, perhaps they're valueless since the people who put them on those servers have no direct control over them.

      Basic economics tells us that anything can have value, as long as someone wants to pay for it.

      --
      // file: mice.h
      #include "frickin_lasers.h"
    28. Re:Jesus fucking tapdancing christ by cnoocy · · Score: 1

      I knock all your checkers into the sewer grate.


      That's destruction of another's property. Vandalism. You don't actually get prosecuted for it until both participants are out of high school.
      --
      This sig is not the Zahir. Lucky for you.
    29. Re:Jesus fucking tapdancing christ by KrispyKringle · · Score: 1
      The only particularly pertinent example you used is the one with the online book. So, what differences exist between an object in an online virtual world and a chunk of data you created? Neither is a diminishing resource, in the sense that if I steal your book, you don't have less of it.

      The difference is thus: first, we must establish for clarity that if there is a philosophical "natural state of man," in that state there exist no fundamental property rights to ideas. All intellectual property rights are artificial: copyright and patents granted to promote innovation, trademark to facilitate ease of business conduct.

      With that out of the way, then, we can examine your online book. Obviously, this book falls directly into the category of intellectual property designed to be protected via copyright. Prior to copyright laws, novels could be reproduced and sold by rival publishers, diminishing incentive for the artist to create. In the same vien, to "steal" your online book would be to deprive you of incentive to create.

      Now, then, are we looking at your online birdhouse as intellectual property, or as an object which belongs to you? Clearly, the latter is fallacious; if I copy the design of your birdhouse, you still have it. If I obey the rules of the game we are participating in and steal your virtual house, it is a virtual theft; just as I would not be held responsible for murdering your character in the sims, I would not be responsible for stealing your house. What if I break into the game computers and steal your house? Obviously I have violated the terms of service, trespassed, etc.

      Now, what if I merely copy the design of your house and use it in mine? You, had you had the foresight to copyright your digital house model, would have all the rights of any other artist to enforce that copyright. A work of the mind, even something as incorporeal as a virtual bird house, can be intellectual property. But this only applies to unauthorised duplication, were I to steal your house in the Sims in a legal way, obeying the rules of the game, you would have no argument. Even claims of copyright would be meaningless, in essense, I would have "stolen" the original, not made an unauthorised duplication. Since the "theft" was legal, you have no recourse.

    30. Re:Jesus fucking tapdancing christ by pfafrich · · Score: 1
      How much of our world (pre computer) is a virtual construct?

      Take money for example, its well known that that only 10% of the money in supply is backed by hard cash. The rest is promisory notes. Thats what happened in the great depression people lost faith in virtual world that is the banks. They all wanted to see the hard cash which just was not there.

      Your virtual house in the Sims is worth nothing. You real money in the bank may also be worth nothing, your just relying on the collective belief in the money supply. Its just lucky thats theres a bit more shared confidence in the money supply than in the game of everquest.

      --
      There are four sorts of people in the world: fools, lunatics, idiots and morons. - Umberto Eco, Foucaut's pendulum.
    31. Re:Jesus fucking tapdancing christ by j3110 · · Score: 1

      You're kind of tap dancing around the issue a bit, I think, but you know what the problem is. If someone gives value to something in a pretend world, they have problems seperating fantasy from the real. Laws shouldn't encourage mental health problems.

      If you write a book, it may not have value, it depends on if it has purpose in the real world. If you write a book to sell because people want to read it to be entertained or learn something, then it has value. If you just write a book, then no, it doesn't have value other than materials that can be collected from it.

      Just because some crazed person invests hours into something doesn't mean that it has value. Real world demand for a virtual world item is a product of mental instability. Anyone that would buy a pretend sword from someone needs help :)

      In-game theft should be dealt with in the game. Next thing to happen on this line of thinking is pulling quarters out of children's ears is going to be illegal because the child may have wanted to have kept the pretend quarter in their head. Do you really want the government to tell you that you can't even pretend to steal or kill?

      Can I press charges against someone in counter-strike for killing me and taking my gun?

      Please... this is the biggest pile of BS I've seen in a long time!

      If you get robbed in a game, retaliate in the game, don't try to get any real authorities involved unless they caused real damage by breaking real laws.

      --
      Karma Clown
    32. Re:Jesus fucking tapdancing christ by Anonymous Coward · · Score: 0

      I reserve the right to kick your ass if you harm a single hair on my body or of someone under my protection. The police need a warant to sieze that single hair or blood sample no? Why the fuck can take at will what is not yours. This bully mentality is not tolerated here in Alberta Canada. By god if you are a Cop and think its ok to take samples? Wake up its assult regardles who you are. Don't even sugest its ok for people to do this. You hit/threaten someone it will still be assult if you hurt someones feelings. Here in canada we treat bank robbers with fake guns as if they committed the robbery with a real gun, interesting no pls? comment even tho off topic. Anyhow, Stop by Edmonton , try that here; Us red necks will give you a ass woopin like none other.

    33. Re:Jesus fucking tapdancing christ by Qzukk · · Score: 1

      If I donate money to someone does that mean that nothing is worth something?

      It means that this person's welfare is worth $x to you.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    34. Re:Jesus fucking tapdancing christ by BitterOak · · Score: 1
      I agree with you 100%. The house has value. If my character destroys your virtual house, your character should sue my character in a virtual court to recover virtual damages. Perhaps my character should even be sent to a virtual jail!

      But these cases have no place in a real world court!

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    35. Re:Jesus fucking tapdancing christ by Qzukk · · Score: 1

      I agree with you 100%. The house has value. If my character destroys your virtual house, your character should sue my character in a virtual court to recover virtual damages. Perhaps my character should even be sent to a virtual jail!

      Finally! someone who understands the nature of the beast.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    36. Re:Jesus fucking tapdancing christ by Sycraft-fu · · Score: 1

      Well supposing you want to argue that game characters are the same as a web page (they aren't) then the most a company could owe you is a copy of the data that describes your character. They aren't responsable for continuing to run the game so you can continue to use your character. If I terminate your account on my webserver for a ToS violation, the most I'll owe you is a copy of your data.

    37. Re:Jesus fucking tapdancing christ by Sycraft-fu · · Score: 1

      The difference with the physical goods you are talking about and a virtual good is not the perminance but the resource usage. A car takes real resources to build. The only resources something in Everquest takes is memory on Sony's servers, which does not belong to you. They can also alter the rules of their game at any time which can change the value of what you have. Something that was once hard to get may now become easy, or they might simply remove the item you have from the game entirely.

      Now if you want to draw the website analogy, which I hate since I do not see them as the same things, then the most a company could posably owe you from a game if they boot you or shut down is a dump of your character information from their database. If I boot you from my webserver, all I owe you is your data. I am not required (unless we signed a contract) to continue to provide you with service.

    38. Re:Jesus fucking tapdancing christ by mewse · · Score: 1

      A more accurate analogy: if you built a house on Park Place, and two more on Broadway, would you deny that they have value?

    39. Re:Jesus fucking tapdancing christ by ndogg · · Score: 1

      All I really wanted to point out is that economics is rather arbitrary. An economic action happens whenever a person trades one resource for another, no matter how abstract those resources are. We place laws on other economic actions, even if such economic actions are silly or seem imbalanced (e.g. buying water in a bottle, or paying thousands of dollars on a painting an artist spent ten dollars and one hour of painting, or even gambling.)

      I'm not saying we need to make laws on such trades, but to not consider them is a little hypocritical. I don't care personally whether any laws on such trades are made, but I would find it odd if no one thought about it. A lot of people used to find buying bottled water a little odd.

      --
      // file: mice.h
      #include "frickin_lasers.h"
    40. Re:Jesus fucking tapdancing christ by danila · · Score: 1

      We don't need any stinking laws for this case. There are laws against breaking into a computer system, they apply in this case. There is no difference, just because the system happens to run a MMORPG. And the financial losses are the company's problem, not anyone's else. If you are an airline that made a bug in the reservation system and I get a ticket that I shouldn't have, which causes the company to refund the price of the ticket to someone else (who missed the flight), the sole party responsible for the losses is the company.

      So hacking is one thing - hacker can be held responsible, but the losses are a completely different story and should not matter (unless the anti-hacking law takes them into account).

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    41. Re:Jesus fucking tapdancing christ by danila · · Score: 1

      You all completely miss the point. Virtual object can have value, it is just not the same value as in real world objects (or rights, like lease). Real world objects are physical. You can touch them, I can take them from you, we can't both own one object at the same time, the objects have continuity, etc. Virtual objects are none of that.

      Since these virtual objects are fundamentally different, it is a reasoning error to use your common sense (built and tested here in the real world) to make judgements about laws in virtuality.

      What is the house in MMORPG? Is it a special sequence of numbers? Is it the idea of the house? Is it the picture on your display? Is it a record on the company's servers? Is it the fact that other players can't enter certain area? What exactly it is?

      To me the idea about a record on the servers seems to be the most logical. But there are problems abound. What if I hack my client, get god-level access to the game world, and make your house my own? What was the crime? Modifying the software? Running this modified software? Getting the god-level access? Changing the records to make this house belong to me? I don't see a clear answer, since all these actions might be completely legitimate in some circumstances. The analogy with the real world breaks, because stealing a virtual property is very much different from stealing a real object. What if I edited the books of the golf club and erased your name and replaced it with mine? Would that be the called stealing your membership? I doubt that.

      I don't think we should bring the morals from the real world into the virtuality. That is not going to work and if it does to some extent, it would cause more harm than good. Let's wait until we have a better understanding of the virtuality and let's wait until there is a shared understanding of what is good and what is bad there. Then we can codify these ideas into laws. It doesn't work the opposite way.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    42. Re:Jesus fucking tapdancing christ by Graspee_Leemoor · · Score: 1

      " I don't like your subject line (and neither does He)"

      You dare to speak for The Christ?

      graspee

    43. Re:Jesus fucking tapdancing christ by DavidTC · · Score: 1

      If people are willing to pay for something, it clearly does actually have value to them.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    44. Re:Jesus fucking tapdancing christ by identity0 · · Score: 1

      You know, if this were about pen-and-paper RPGs, the discussion wouldn't even come up.

      Let's say that Bob is playing an RPG with his friends. Suddenly, the Game Master says, "I'm sorry Bob, but that +100 Sword of Invincibility is just too powerful and unbalances the game. I'm going to ban it from the game". Could Bob sue his GM for destroying/devaluing his property? Probobly not. The object never existed, and was only a figment of the people's imagination. The fact that computers are being used to 'imagine' these things don't make it any different, I think.

    45. Re:Jesus fucking tapdancing christ by CFrankBernard · · Score: 1

      Yes, I do. And do you dare think He likes His name so used?

      Matthew 28:18 And Jesus came and said to them, "All authority in heaven and on earth has been given to me. 19 Go therefore and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit, 20 teaching them to observe all that I have commanded you. And behold, I am with you always, to the end of the age."

  3. HISTORY: Lambda MOO rape by mekkab · · Score: 4, Interesting

    For those who don't know...

    A bit of relevant history! Social justice, if you will.

    DISCUSS!
    -Professor B.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
    1. Re:HISTORY: Lambda MOO rape by Klerck · · Score: 1

      Uhhhhh that's a lot of words

      Can you post a summary please?

    2. Re:HISTORY: Lambda MOO rape by Anonymous Coward · · Score: 0

      in words less big than six chars plz? kthx

    3. Re:HISTORY: Lambda MOO rape by Anonymous Coward · · Score: 0

      I read a little bit of this article so ill summerise what I read.

      Basicly even though the people and events on a online game are not "real", they can have a real impact on people. so, just because the game is virtual, people can have the ability to harm people though it.

      recall how several people killed themseves over everquest etc. Hell, even I got mad in diablo when people stole my stuff.

      (Off topic, but is there a spell checker for mozilla?)

    4. Re:HISTORY: Lambda MOO rape by Qzukk · · Score: 1

      Ok, the short form.

      Once upon a time there was a crime in a MOO. The people in charge said "let the punishment fit the crime". And so it did.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    5. Re:HISTORY: Lambda MOO rape by mekkab · · Score: 1

      GOOD summary!

      --
      In the future, I would want to not be isolated from my friends in the Space Station.
    6. Re:HISTORY: Lambda MOO rape by Anonymous Coward · · Score: 0

      I just have to say cry me a river.... Do we get all teary and post trama for being fragged in Quake? Its still just a game, and people need to get out of their trailors and stop jumping on their cousins in the bush and get a real social life.

    7. Re:HISTORY: Lambda MOO rape by Anonymous Coward · · Score: 0

      One guy is an asshole to a few people on a MUD. The victims get pissed off. Author spends 50 pages comparing a MUD to real life. That's it.
      The author must work for FOX News or something; I don't think I've ever seen something more over-dramatized, not to mention the fact that the author takes about two pages to say about three sentences of actual info about what happened and/or analysis of it's implications. A 2-3 page essay would more than cover the topic.

    8. Re:HISTORY: Lambda MOO rape by m4g02 · · Score: 1

      I read it all and found it quite intersting, is about this fuckhead that use a voodoo doll in Lambda MOO forcing two girls to sexual acts.

      What is intersting about it all is the cyber-society aspect of the rape and how the players managed it and strated to discuss some kind of social order inside the game.

      And yes, is over-dramatized, but intersting anyway.

      --
      Sigs are for morons... Wait a minute...
    9. Re:HISTORY: Lambda MOO rape by drinkypoo · · Score: 1
      That article was written by someone who likes to talk a lot but really has no firm ideas on anything. Wank wank. Not to mention, it's been kicked around a zillion times.

      You can obviously steal something from someone in cyberspace, or deprive them of something through vandalism. That much is clear. You cannot however rape someone. You can playact raping someone; You can pretend to rape someone, but unless they play along, which is consent - oh wait, if you consent, it's not rape.

      It is history, but it ain't relevant. Hacking a game system and depriving someone of something they spent time to get is arguably theft or vandalism. Getting on a mud and typing "emote penetrates twinkletoes nonconsensually" is not rape, it's just some potentially offensive speech.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:HISTORY: Lambda MOO rape by Anonymous Coward · · Score: 0

      interesting story, but who's the pretentious, long-winded twit that wrote it?

  4. Its simple by kevin_conaway · · Score: 3, Interesting

    If something malicious done in-game causes damages in the outside world, then that should be treated as any other crime would and punished accordingly. This really only applies to server and software hacks, not duping the new guy into giving you all his gold. If you use a hack to alter the gamestate to say give yourself an item or take an item from someone else, this should be prosecuted because it is deriving other players the game that they are most likely paying for.

    kc

    1. Re:Its simple by Jason1729 · · Score: 1

      Stealing someone's in game assets is not the same as stealing something in the real world. It is just computer cracking and there's already laws to prosecute it.

      Jason
      ProfQuotes

    2. Re:Its simple by Bame+Flait · · Score: 1

      So.

      If I'm roleplaying a hideously evil character on some MMORPG, and I decide I'm going to ruthlessly kill you even though you've spent 18 hours a day for 6 weeks collecting all of the ancient artifacts of homoerotic power. Now you get killed, losing your precious artifacts and decide to go throw yourself down a flight of stairs in anguish.

      You'd put me in jail for in-game actions that have unexpected repercussions on someone I've never seen in person before?

      Sorry, we do need some protections here, because without them, some asshole is going to come along and screw it up for the rest of us.

    3. Re:Its simple by kevin_conaway · · Score: 1

      Sorry, I should have clarified. I just meant to say that if you apply some hack to alter the gamestate, that should be prosecuted just as exploiting a vulnerability on another system would be.

      kc

  5. Two things by Bame+Flait · · Score: 5, Insightful

    MMORPG's and their ilk are beginning to tread into a world that has long been known to text-based mudders. As a nerd who worked in development on various text muds on and off for the past 10 years, I can see clearly the failures of those who administrate these online communities. By and large, the folks running the games of today are not the ones who have years and years of experience doing it (as most people who played text games still do as a matter of preference).

    I have particular concern for those who use published tools (like NWN's Aurora toolset) to create persistent online worlds. Rarely do these individuals seem to have a firm grasp on what they're getting themselves into.. least of all on issues of virtual rights that may or may not present themselves.

    Most places I have worked had agreements with builders that virtual property created for the game would become the property of the game and its administrators. As for actual items in the game, it's ludicrous to expect (in spite of the incessant everquest ebay activity) those items to be protected legally. Game administrators need to know their rights, however, to keep the few litigious individuals at bay. (How bored and obsessed do you have to be to sue because the server crashed and you lost your vorpal sword of owning +2?).

    It's a thankless job running an online game.

    1. Re:Two things by Anonymous Coward · · Score: 0

      Actually, at least among the first generation of MMORPG developers, there's LOTS of mud experience. EQ, UO, The Realm, Meridian 59--I can personally vouch for the mud/mush/muck/moo experience of the teams on all of these.

      -Raph

    2. Re:Two things by realdpk · · Score: 1

      Every MMOG I've played has had something in the user agreement stating that the game publishers own everything and that the players own nothing. It's not as personal as your interaction with your builders, but with 100,000+ folks, can you blame 'em? :)

  6. Have Excellent Karma... willing to sell by bigpat · · Score: 5, Funny


    Will sell my Slashdot "avatar" for no less than $5000.

    Many Insightful and Funny posts, not many Informative ones though. Currently one Moderator point left.

    1. Re:Have Excellent Karma... willing to sell by larry+bagina · · Score: 1

      IIRC, a while back someone did try to ebay a slashdot account, but VA/Andover's lawyers put a stop to it. Or maybe they just set his karma to -BIGNUM :)

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    2. Re:Have Excellent Karma... willing to sell by Cloud+9 · · Score: 1
      IIRC, a while back someone did try to ebay a slashdot account, but VA/Andover's lawyers put a stop to it. Or maybe they just set his karma to -BIGNUM :)

      Ungrounded Lightning tried it a couple years ago. He immediately saw his Karma go from ~120 to ~-5000. It was actually quite funny to watch.

      --
      Karma: Dyn-o-mite!(mostly affected by Jimmy Walker reading your comments)
    3. Re:Have Excellent Karma... willing to sell by fobbman · · Score: 1

      That's nothing! I've got a list of Conservative Freaks that people are WILLINGLY signing up to! THAT has gotta be worth ten g's, at LEAST!

    4. Re:Have Excellent Karma... willing to sell by Hagakure · · Score: 1


      Karma: Abso-fscking-terrible (mostly affected by trying to sell your /. account on eBay)

      --


      If this is Heaven I'm bailin out! I cant tolerate this ol tin-tub, so fulla trash and rats...
    5. Re:Have Excellent Karma... willing to sell by Anonymous Coward · · Score: 0

      No way I'm going to pay more that $30 for a Slashdot account with a number over 50000.

  7. Seems straightforward enough... by Anonymous Coward · · Score: 1, Funny

    I can't wait until my virtual character files a virtual lawsuit which somehow nets me cold hard cash IRL. Go gray areas!

  8. Re:umm...the civil rights of avatars? by greymond · · Score: 4, Funny

    I cast level 9 flame bait argument

    You block with level 10 slashdot shielding

    I cast Level 1 Alt F4

    Poof your gone!

  9. Virtual Lawyers by Bull999999 · · Score: 2, Funny

    Now people can play lawyers on MMORPGs instead of Slashdot!

    --
    1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    1. Re:Virtual Lawyers by wronskyMan · · Score: 1

      Their lack of a law degree would probably MUDdy the situation somewhat, though.

      --
      --- You shall know the truth, and the truth shall make you mad- Neal (not Cowboy) Boortz
  10. This seems fairly like a non-issue. by jat850 · · Score: 1

    Avatars have rights in the virtual world as dictated by the creators of said world. No more, no less. The same goes for the principles of property.

    The real world laws do not (and should not) cross over into the real of virtual worlds.

    --
    the blood has stopped pumping, and he's left to decay
    the me that you know is now made up of wires
    1. Re:This seems fairly like a non-issue. by Anonymous Coward · · Score: 0

      I totally agree. What is next, if you kill someone in an online game you go to jail for murder?

      Leave what is in a game, in a game.

  11. is slashdot a virtual world? by larry+bagina · · Score: 0

    karma, moderators, meta moderators, trolls, oh my!

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  12. One Solution by Anonymous Coward · · Score: 0, Funny

    Tiny little virtual violins.

  13. *blinks* by Zeriel · · Score: 5, Insightful

    Eh, I'm not sure we need any new legalese to deal with this. If you crack a system, you can be liable if that system belongs to someone else. This could easily be construed to include server-side cheats in addition to the time-honored tactic of rooting the server and changing the database (which I had been known to do in Phantasia and a few MUDs/BBSs back in the early '90s, sad to say.)

    Why complicate matters further?

    Further, damages (in terms of $$$) are easy to calculate...how many hours/months/billable time increments did it take a person to achieve what was destroyed? How much can be got back? Total it out, it's simple math. Perhaps not enough compensation for some basement loser who plays such things 80+ hrs/wk (like my roommate =P), but I think those folks are in the very small minority anyway.

    --
    "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    1. Re:*blinks* by eet23 · · Score: 1
      Further, damages (in terms of $$$) are easy to calculate...how many hours/months/billable time increments did it take a person to achieve what was destroyed? How much can be got back? Total it out, it's simple math.
      Except that if I play a MMORPG, I'm not paying them $15/month or whatever just so that I can get a level 100 character with a +5 Sword of Ultimate Whatever. I'm playing for fun. Of course, it's annoying to lose that stuff, but how much of the total value of playing is lost?
    2. Re:*blinks* by Zeriel · · Score: 2, Insightful

      Well, you'll note my phrasing...if the place is smart enough to do regular incremental backups of the gamestate, you really shouldn't lose any more than a day of playtime to acts of God or l33t crackers. Here's your $0.50 in damages, have a good day. =)

      OTOH, the cracker might see $0.50 x 5,000 to 25,000 (players) disappear out of his pocket, in addition to criminal penalties. Personally, I think that's the way to do it--you don't really give people cash for being obsessive about a game and having it ruined for a day, but the people trying to compromise other people's systems get it in the shorts (as they well should).

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    3. Re:*blinks* by Anonymous Coward · · Score: 0

      Time to start getting VR insurance, and suing game hosts when your character dies.

  14. Virtual property by itchyfidget · · Score: 1

    I think there is precedent for virtual property in the patent business.

    What you register, when you register a patent, is an idea - intellectual property, if you like (even if it describes a device - IANAL though so maybe these are very different concepts in law). The patent documentation serves as written proof of this - a certificate that your creativity is recognised as unique and non-copyable.

    Thus if someone has a character, or other online 'item' that they have created, doesn't it make sense that as long as that character or item is documented in some way (code on the server?) then that character/item is 'owned' by its creater?

    One obvious difference here would be that people don't typically sell their patents, though I'm sure it's not unheard of. Perhaps a better analogy would be domain-names?

    --
    Mod early, mod often.
  15. Civil law? I think not by shylock0 · · Score: 1
    I can see certain elements of criminal law being applied to online situations. Theft/destruction of property (let's say your house in the sims can be considered intellectual property, with standard disclaimers to those /. posters who believe such property doesn't exist). I imagine with time a whole new set of common law will apply to the digital realm.

    As for civil law? I can't see this happening. Sexual harassment lawsuits against avatars? Gender and disabled rights in a pre-industrial or post-apocalyptic online world? Right to trial by jury? These are fantasy worlds people, c'mon...

    --
    Statistically speaking, there's a 99.998% chance that my IQ is higher than yours. Get over it.
    1. Re:Civil law? I think not by NeuroGrrrl · · Score: 1, Insightful

      Sexual harassment lawsuits against avatars?
      I took a class as an undergrad where we discussed this very issue. A character in a RPG was raped by another character and the "raped" player attempted to file a real-world civil suit against the latter. To the best of my recollection, the suit was thrown out of court. I remember no one in our discussion siding with the plaintiff.

      --
      In theory there is no difference between theory and practice, but in practice there is.
  16. Could go pretty far... by Papineau · · Score: 4, Interesting

    Would you like be sitting on the chair for being a PK? Or even fragging an opponent? It's intentional murder, after all (well, that's what some lawyers say at least).

    Now, do you still want physical laws applying in MMORPG or other games?

    1. Re:Could go pretty far... by bobbyn · · Score: 1

      How about a virtual death penalty for PK characters? Would I need a virtual lawyer? Who wants to get virtual jury duty?

      --
      We won? What did we win?
    2. Re:Could go pretty far... by Kong+the+Medium · · Score: 1

      Yes, you would need a virtual lawyer. He must get paid by your virtual law insurance. After that you have to fill in your virtual 404 and go to your virtual work to earn virtual money to pay for your virtual live. At the evening you will eat a virtual chicken. But how do THEY knew how virtual chicken tastes?

      I don't know. I take little red pills every evening at 9 p.m., so i don't care anymore.

      --
      ... whenever a text is transmitted, variation occurs. This is because human beings are careless, fallible, and occasiona
    3. Re:Could go pretty far... by FunkSoulBrother · · Score: 1

      virtual chicken, well.. it tastes like chicken, you know?

  17. moron behaviours above the 'law' by Anonymous Coward · · Score: 0

    sure enoug. that's how the BiG guise doo it over at felonIE.con.troll.

    way to goo. the creator is...?

    "Halliburton Co. said on Friday it has agreed to pay $6 million to settle some class-action lawsuits that concerned accounting practices during Vice President Dick Cheney's tenure as chief executive."

    buy golly J., we sure do look like fauxking idiot/mugs to the rest of the wwworld. sure enough. vote with your wallet. consult with yOUR creator.

  18. Obvious Opnion by gerf · · Score: 4, Interesting

    These are only virtual realities. They are not, and shouldn't be protected in the same way as physical properties.

    However, if you view the value of things as how many man-hours go into it, then yes, there is some kind of value, and right associated with these characters, and products. However, just because there is time involved, does not inherently imply value, or even many rights.

    The company has a say in this more than the Gov't, or the gamer. The company runs the server, the company saves your profiles. If this company were to go under, they have no reason to hold onto those profiles, as they are simply another part of their business, which they own. You have no say, no matter what you think. However, a nice company may do something like transfer their servers, code, or other necessary info to open source, and thus preserving the environment. This does not mean individual properties are saved, which is what people would want to save, most of all.

    Really, if your life is so consumed by the internet as to make it a pseudo-physical part of your life, then you need to think about something else for a while. Go into a rehab facillity, something. Please get some sunshine and a tan, we all need it (me especially...).

    1. Re:Obvious Opnion by Anonymous Coward · · Score: 0

      if your life is so consumed by the internet as to make it a pseudo-physical part of your life, then you need to think about something else for a while.

      I don't understand why people believe that this is an invalid state for humanity to be in. Why must humanity chain itself to its body when its mind can roam freely in this way? Why do people insist that an environment created by mankind cannot be real and must always be "virtual"? We see this idea everywhere, from people being chastised for taking the first step, to movies like The Matrix, where we are told that if mankind attempted to abandon the body for the sake of a fully-experienced utopia, we have no choice but to reject it. Why?

      At least Science Fiction authors have the foresight to see what possibilities could come if humanity could realize the possibilities that come from abandoning the body and living in an real-experienced universe which is under man's own control.

    2. Re:Obvious Opnion by Anonymous Coward · · Score: 0

      Really, we're slowly moving in this direction. 100 years ago, even 20 years ago, people would have found it quite sad for people to be stuck to computers all day. I'm at a computer at work, and i'm at mine at home. I live on computers, which is really quite sad. i need a hobby, i know. i have a g/f, which is the main reason i'm online at home, to IM with her. i don't have long distance, so i can't call her. But really, having a large part of your life online is becoming more and more acceptable. irc channels, AIM, email, fazed, fark, rotten, consumptionjunction, are all building a new social way of life. i consider myself lucky in that i've been able to grow up with it somewhat (born in 80), but i still know how to live without (didn't have internet till '99). so really, the future may bring even more of this, and perhaps my quote won't be as warranted in 30 years. But my point really is that the company is the one who owns what you're doing right now. not you.

    3. Re:Obvious Opnion by sean23007 · · Score: 1

      Drugs. I recommend drugs. They're better than the internet.

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
    4. Re:Obvious Opnion by EvilSporkMan · · Score: 1

      If this company were to go under, they have no reason to hold onto those profiles

      does not mean individual properties are saved, which is what people would want to save

      Why would anyone want to save their character/house/Widget Mark IV after the world the world it exists in has ceased to exist? Obviously, without a world to exist in there is no use for that particular file. This isn't wrong, just a fact of "life". The same sort of thing happens in the stock market; if a company goes under all your stock certificates revert to toilet paper.

      --
      -insert a witty something-
    5. Re:Obvious Opnion by TFloore · · Score: 1
      However, if you view the value of things as how many man-hours go into it, then yes, there is some kind of value, and right associated with these characters, and products. However, just because there is time involved, does not inherently imply value, or even many rights.

      Do you remember the Sui Generis database protections idiocy that went through congress several years back? Sweat of the Brow protections, basically, giving copyright protection for a collection of facts, simply because you put work into collecting those facts. Lexis-Nexis heavily supported it, in an effort to get a law passed saying they owned basically every Federal court opinion done in the past 100 years or so, because they put then into books with a recognizable citing system. Yes, they wanted to own legal rulings about the law. Hey, they put work into it, they should get some rights to it, right?

      Be careful what you ask for... "I put man-hours into this, I should get some rights for it" is not that different applied to a virtual avatar than it is to a database product.

      I recognize this isn't what you are advocating. (That's why I included your second sentence, as well as your first.) But it seemed a good thing to point out to people with short memories here.
      --
      This is my sig. There are many like it but this one is... Oops. Frank, I've got your sig again! Where's mine?
    6. Re:Obvious Opnion by Anonymous Coward · · Score: 0

      didn't this happen in europe in the form of allowing people to copywrite databases or something? or was that something else... fuck, i can't remember. oh, Lexis Nexus, i know people who work there. here being Dayton ohio

  19. Virtual property is worth something by itchyfidget · · Score: 4, Insightful

    ... if people are willing to exchange it for money (and evidently this is the case).

    Your values are not my values, but value is in the eye of the purchaser (or in cases of extortion, the vendor...?)

    Having said that, I think it's nuts that people exchange money for this sort of thing.

    --
    Mod early, mod often.
    1. Re:Virtual property is worth something by realdpk · · Score: 1

      You can't sell what you don't own, however, and in this case you don't own anything on the game servers.

    2. Re:Virtual property is worth something by Oliver+Wendell+Jones · · Score: 1

      I think it's nuts that people exchange money for this sort of thing

      But there are those of us who have limited gaming time for whom it's worth spending $20 (less than 1 hours wage) to buy a zillion golden kumquats (or whatever the in-game currency is) to let us spend our limited gaming time doing the fun things rather than running back and forth between 2 locations over and over again to make money.

      --
      A computer once beat me at chess, but it was no match for me at kick boxing -- Emo Phillips
    3. Re:Virtual property is worth something by DenOfEarth · · Score: 1
      So, by that logic, if someone wants to buy child pornography from me (no, I'm not selling here people, just need an example) then it has value and thus has a right to exist?

      I understand that online characters are sold for money, but I wonder what the people who own the servers that those characters were created on get? Don't they have the right, since they paid for the server, to say what people can and can't do with their characters, which are stored on said server? If a person signs an agreement specifying that they have no rights to sell their character, are their rights being violated? No, definitely not, as they could have not signed the agreement and found a different way to earn their bread and butter.

      I think it's kind of ridiculous when someone thinks that their avatar has rights comparable with those that we have as human beings. Who put up the cost to set the earth up for us to habitate? That's a tough question, but you can definitely check off human beings from the list of possible answers. Who set's up the hardware that online avatars "live" on? Human Beings.

    4. Re:Virtual property is worth something by tyllwin · · Score: 1
      The logic is that if you have kiddie porn, and someone wants to trade their money, goods or services for it, then it has a *market* value. That doesn't imply that it has any societal value, or "right to exist."


      I understand that online characters are sold for money, but I wonder what the people who own the servers that those characters were created on get? Don't they have the right, since they paid for the server, to say what people can and can't do with their characters, which are stored on said server?


      They get the fees that they charge the people who use the service to build up the character and to play it once it's built. Yes, they do have the right as expressed in their ToS to say what people can and cannot do, but they may often find it more profitable to refrain from enforcing that right.
    5. Re:Virtual property is worth something by Anonymous Coward · · Score: 0

      Exactly. Incidentally, the value of money itself is also entirely symbolic.

      The only way to exchange something with real tangible value for something else with real tangible value is to barter.

      We've been using imaginary items in half of the property exchange equation for millenia. And frankly, considering patents and intellectual property, the other half has been pretty imaginary as well for quite some time. This is really nothing new.

      Nevertheless, the whole concept seems freakish as hell to me on some gut level.

  20. disclaimer by bigpat · · Score: 0

    no, not really

    1. Re:disclaimer by mbogosian · · Score: 1

      no, not really

      Was it necessary to qualify this? Did you actually get an offer for $5,000 for your account? :-)

    2. Re:disclaimer by sean23007 · · Score: 1

      I think he meant that he doesn't really have many insightful or funny posts, and he doesn't have 1 moderator point left. Just kidding.

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
    3. Re:disclaimer by Nf1nk · · Score: 1

      of all times form my moderator points to run out, so from my non-moderator status I send you a +5 funny

      --
      I used to have a cool sig, back when I cared
  21. One place where the left and the right agree by Bold+Marauder · · Score: 1

    Is that free spaces such as the internet cannot be allowed. Both sides [democrats and republicans] seem to feel that the internet needs to be regulated "we had burn the village to save it" style.

    It's gone far, too far out of hand and sadly there are no viable [I know about the libertarians and the greens--note that I said 'viable'] alternatives available.

    1. Re:One place where the left and the right agree by andr0meda · · Score: 1


      One place where the left and the right agree (Score:1)
      by Bold Marauder (673130) on Friday May 30, @01:38PM (#6078527)
      Is that free spaces such as the internet cannot be allowed. Both sides [democrats and republicans] seem to feel that the internet needs to be regulated "we had burn the village to save it" style.

      It's gone far, too far out of hand and sadly there are no viable [I know about the libertarians and the greens--note that I said 'viable'] alternatives available.



      But that's assuming that the internet is regulated singlehandedly by US bodies. Which will not be the case. And that's a presumption that a lot of US posters make.

      I think that the minute the US government starts taking ownership of the net, as in: regulating and listening in, you will see that a lot of euro-providers will be forced to snip the chord, pressured by the european parliament, who don't want the US patronizing their part of the Net. You will probably see the same thing happen in China and Russia. The once famous 'internet' will then be split in smaller parts and pieces where each nation can have it's desired sense of 'control'.

      I would highly dislike such a course of action by your government officials if I were you. But hey, as they say, write your congressman today.

      --
      With great power comes great electricity bills.
    2. Re:One place where the left and the right agree by cancrine · · Score: 1

      [I know about the libertarians and the greens--note that I said 'viable'] alternatives available. Yes, we heard what you said. Libertarians have elected officials in every state in the country and in Congress. Luckily, not everyone is willing to sit back and accept the status quo.

      --
      Links
    3. Re:One place where the left and the right agree by Bold+Marauder · · Score: 1

      Libertarians have elected officials in every state in the country
      City council seats are cute, but hardly effective or signifigant.
      ...and in Congress.
      You've got a lib in congress. bully for you. So did the socialists at one point in time.

    4. Re:One place where the left and the right agree by Spyffe · · Score: 1
      I don't think it's that simple. The US government isn't making the mistake on the Net that they made in Iraq; rather, we're slowly but surely bending other governments to our will.

      One of the things we're creating right now is a regime in which all countries wanting to do business in the global marketplace must have laws allowing holders of IP (mainly American, of course) to exert power in their countries.

      Also, as we pressure other countries' police forces into cooperating with our FBI (first on terrorism, but soon on other things), a new regime will develop in which breakers of one country's (mainly America's) laws can be arrested in another country.

      Companies and our government would be foolish to do anthing as dramatic and sudden as you suggest. But as our notions of individual rights propagate through the new international regimes I describe, other countries will slowly become like we are.

      --
      Sigmentation fault - core dumped
    5. Re:One place where the left and the right agree by andr0meda · · Score: 1


      Haha, man, you really do make me laugh.

      You're trying to get me on my horse, aren't you.. funny that.. but as much as I'd like to tell you that you're wrong, I won't.

      Cheers,

      --
      With great power comes great electricity bills.
  22. Alternately, internet addiction is a real illness by Bold+Marauder · · Score: 1

    In other words, someone who makes the internet a pseudo-physical part of their life is ready for the virtual betty ford clinic. At least, IMHO.

  23. Short Answers by nanojath · · Score: 1
    whether virtual world "property" can/should be treated as legal property


    Sure - if it is not specifically contractually prevented by the terms the user agreed to in joining the community responsible for the game, and the transfer of said information does not violate anyone else's copyrights.


    an analysis of whether virtual worlds can/should give rise to any other legal rights


    Sure - if the community agreed-upon terms under which the game is conducted accomodates such rights.


    These are simply collective works of fiction. The core legality arises from copyright law, nothing more. Everything else is contractual agreement and community agreed-upon terms (I'm sure some will protest that companies running a show does not a community make, but when you click "I Agree That You Are the Master and I am the Minion, Oh Great Corporate Overlords," you give up the right to that gripe.

    --

    It Is the Nature of Information to Transgress Artificial Boundaries

    1. Re:Short Answers by Anonymous Coward · · Score: 1, Informative

      The terms of service for MMORPG's spell it out very clearly; All the content on the servers is the property of the game company. Just like E-mail at your work! Players who sell characters, etc. on eBay are breaking the TOS and can be kicked. There have been instances of a character being cancelled after being purchased on eBay.

  24. Trouble for thieves by Anonymous Coward · · Score: 0

    Why after reading this post am I getting visions of REAL police officers going after REAL people who's VIRTUAL characters are thiefs who, by definition, are going to be stealing VIRTUAL property from VIRTUAL people?

    I mean, obviously in this case the thieving action would be expected within the context of the virtual environment, but for some reason I don't have faith that real life politicians would word whatever laws they come up with to take that into account.

  25. Running errands by John3 · · Score: 2, Interesting

    So true...I play Asheron's Call and found that the worst parts of the game were the tedious things like shopping for magic supplies and running from place to place (commuting). Over time the game designers have eased the pain of shopping and added more portals and other ways to jump quickly from place to place, allowing players to spend more time killing stuff. :-)

    --
    "We make our world significant by the courage of our questions and by the depth of our answers." Carl Sagan
    1. Re:Running errands by johnstein · · Score: 1

      Just talk your boss into letting you 'telework' from your home office and buy "AI-buddy 1.0".

      AI-Buddy is proficient in all matters requiring use of a computer. He even emails your boss updating him of "your" progress. *wink*. Imagine all the free time you would have then.

      --
      "The definition of insanity is continuing to do the same thing and hoping for different results"
    2. Re:Running errands by Anonymous Coward · · Score: 0

      Ooh. I have an idea. You could have AI Buddy develop a character on, say, EverQuest and then sell it on Ebay. You wouldn't have to work at all.

  26. In other news... by Anonymous Coward · · Score: 0

    ...scientists have shown that as people get hooked up with girlfriends, they become less concerned with this shit.

    1. Re:In other news... by DanAnderson26 · · Score: 1

      Amen! This has got to be one of the most pathetic subjects ever brought up here.

      Keep this shit up and we'll have the "roadrunner" sueing "Wile E. Coyote".

      On the other hand, I'd give anything to see some sniveling geek crying about someone stealing his "diamond shield" in a court room. :-)

      Dan

  27. Value in games applied to the real world by TigerTime · · Score: 1
    If you spent "real" time in creating a virtual existence, then it has a "real" value.

    If you purchased a virtual thing for "real" money off of ebay or whatever, then it has a "real" value.

    So if you can put it into either of these 2 categories, then yes you have a right. JMHO

  28. Can you imagine how much games would suck... by DaedalusLogic · · Score: 2, Interesting

    If you let kill-joy technocrats put laws around your games. Although it would be funny if you kill another player's character and your superbadass wizard in Diablo and a little virtual cop car rolls up and gives him life in prison.

    Even the story of this game being hacked. It's really cheap... bad sportsmanship... but in the end you've gotta laugh that someone was able to do that. If this game was a subscription service I think the company in charge should have a backup policy in place to prevent this from ruining what you've really paid for... Otherwise... it's a game, lighten up.

  29. My Question then is by notque · · Score: 1

    If Virtual Property in videogames can be sold, bought, stolen, arrested for stealing, and jailed for,

    then I will be suing nintendo for the countless times in the middle of a long game with no save built into the cartidge that it decided to reboot.

    Furthermore!

    If I play a mud that I DO NOT pay for, but do spend time on, and the server is taken down, I will sue for my property. It must at least be copied to me in usable form!

    And frankly, This post right here...

    This post..

    I want access to this post for the rest of my lifetime.

    And I will sue you if you mod me down, and thus limit others from viewing my post, as it is virtual property, and it will be like littering on my lawn.

    My lawn, My rules.

    (Ignore the fact that I don't actually own the servers! or the code created! or the bandwidth, or the etc.)

    --
    http://use.perl.org
  30. ah, just great... by maxpublic · · Score: 1

    ...laws to pretty imaginary property and imaginary people. Just what we need

    Unless some kind of actual, recognizable harm is done in the real world the law shouldn't be involved at all. Anything else is the purview of the person who runs the server and the game. That is, if they say virtual theft in their world is okay, then either you deal with this fact or you move on to some other game and some other world. That is the sole extent of your choices and anything claim to further 'rights' is nothing more than childish whining.

    By definition a virtual world isn't real. Therefore real-world laws have no place in *any* virtual world. And the only rights you have in such a world are those afforded to you be the creators/owners - nothing more.

    I can imagine the howls of protest coming down the line by the typical Evercrack addict and his MMORPG brethren. Confusing the virtual and the real seems to be inherent for many of these folks. But if you think you need legal protections for your virtual activities, all this really says is that you're in desperate need of extensive, ongoing therapy - or a life.

    Max

    --
    My god carries a hammer. Your god died nailed to a tree. Any questions?
    1. Re:ah, just great... by Musashi+Miyamoto · · Score: 1

      Assuming that there are no licenses wrapped around the virtual world stating "you may not sell or buy items within this world", then the virtual items have value.

      Note these facts: (at least, what I take to be facts)
      - The market places real monetary value on the "virtual" property.
      - I never see the money I make from work. It exists entirely within computers. It passes from my employers bank account to mine to some retail shop entirely "virtually". (Thank you checkcard!) If we were still on the gold standard, this point would be void. However, we are not, and therefore much of the money in the USA is "virtual" and propped up on nothing. In conjunction, the value of items in the 'real world' are not tied to the dollar. They also fluctuate depending on the market. (id est, inflation and deflation).

      You might say that the money in my bank account has a fixed value, but it doesnt. Because we and most of the world is not on the gold standard, currency values fluctuate, and the value of currency in the united states may change from minute to minute depending on the market.

      Similarly, the value of the items in Everquest fluctuate, even though they exist within computers. They are no less real than currency is in the real world.

  31. Avatars not only in MUDs etc by Rxke · · Score: 3, Interesting

    imagine, you create some kind of Ueber-universal Avatar, that you use everywhere: in games, but also in places like /., other forums... Some people build up quite a reputation in several fields, through hard work, searching studying,...teaching things online. Let's imagine, I'm using this avatar 'Mr. Smith' (Yea...,) widely recognized in certain semi-pro forums, et.c. If somebody hacked into my ueber-avatar-account and start posting spurious things in my name, or go on a rampage in some games, using hacks,... my Avatar would lose a lot of it's 'worth,' however virtual it may seem, but i would be really pissed off, for the so-called virtual money-worth-karma-acceptance et.c. is, or could be, in fact very important to me for my work, research, et.c.

    1. Re:Avatars not only in MUDs etc by BC+Guy · · Score: 1

      This is already covered under laws of slander, libel, and torturous interference (with business). You fake my name or avatar or eMail address to make me look like a ninny and I can sue you for damages. That's not an 'online' issue at all. Don't let special laws make it an online issue.

  32. Avatars as Copyright, not Persons by thefinite · · Score: 1

    I just didn't really feel all that motivated by the whole idea of Avatars being extensions of persons. If anything, copyright is a better analysis of them. For example, while I realize that having the same name for your avatar as someone else is restricted for logistical reasons, I know I would be bugged that someone would steal what I considered my *idea* by using the same avatar name as me. The whole avatar to me just seems like an idea, and perhaps a copyrightable one. If anything makes them property, I guess that would be it. I am sure the affinity and identification a player feels with an avatar is not too different from what an author feels with one of his/her characters.

    Where the paper introduces the "Personality theories of property", it gets a little wobbly in my opinion. For example, a person can feel a close affinity to the character created by someone else (like some Star Wars fanboy who wishes he could be Anakin). That character does not become his property.

    --
    Boom Shanka
    1. Re:Avatars as Copyright, not Persons by greglas · · Score: 1

      That's interesting and I think that is raised in Part III a little bit -- but its funny that you don't see the markets in virtual goods (or the claims to rights) having much to do with the idea of original authorial creation -- which is where copyright would have some bite.

  33. We are still talking about a GAME by serutan · · Score: 5, Informative

    Here's an excerpt from the Declaration of the Rights of Avatars: "That avatars are the manifestation of actual people in an online medium, and that their utterances, actions, thoughts, and emotions should be considered to be as valid as the utterances, actions, thoughts, and emotions of people in any other forum, venue, location, or space."

    Well I certainly wouldn't play RPGs if I had to worry about being charged with criminal assault for starting a brawl in a Greyhawk tavern as Zorgo the Rogue. The whole point of RPGs is to ESCAPE from reality into different worlds with their own rules. Let's not drag the real world into it, PUH-LEEEEEEEASE!!!

    1. Re:We are still talking about a GAME by gughunter · · Score: 1

      Not to mention being charged with hate crimes if you preface your attack with "Filthy Orcish scum!"

    2. Re:We are still talking about a GAME by orkysoft · · Score: 1

      Hey! :-(

      --

      I suffer from attention surplus disorder.
    3. Re:We are still talking about a GAME by EvilSporkMan · · Score: 1

      charged with criminal assault for starting a brawl in a Greyhawk tavern as Zorgo the Rogue
      This wouldn't really be a valid accusation, as you haven't REALLY damaged anything (healing potions), nor have you interfered with anyone's inalienable rights. Also, when you enter a virtual world, it is (usually, depending on the game) done with the expectation or even assumption that your character may be harmed, etc.

      --
      -insert a witty something-
  34. Contract/agreement by DreadSpoon · · Score: 2, Informative

    This really should belong to the companies/organization running the virtual world. If they state, "we own all virtual property, blah blah" then that's that. And honestly, every single MUD/MMORPG/etc. should have that in the agreement...

    People make claims about how they put time and money into building characters and amassing equipment in these games. People need to realize you're paying for the right/time/resources for you to _have fun_ while doing this. You paid to be allowed to spend your time playing a game.

    It's like an arcade; you don't own the game or anything when you put in a quarter (or dollar, as is becomming common), you are just paying for the right to play the game for a while.

    If you don't like those rules... don't give them your money to play!

  35. Virtual society... by bziman · · Score: 4, Insightful
    While I admit, that I'd be upset if I spent time building a character only to have it destroyed by another player. However, if this is "outlawed", there will be no bad guys, and no fun. Who wants to play against the computer all the time -- that defeats the purpose of online gaming.

    Perhaps it makes sense to regulate offline actions affecting in game actions -- such as hacking into the game. But on the other hand, I have no problem with selling in-game items for real world money. Why not? It's not like the in-game items were manufactured out of nothing. Someone had to go through the work. Who cares if money changed hands in the game or in real life? And besides, people who do that are likely to do it both ways, so the economy of the game is likely to balance out.

    The point is, aside from outside problems like hacking, things like murder and theft within the game must be controlled by the virtual society -- if you get mugged in the game, next time, you'll make sure to travel in a group. Or maybe you and your friends will get together and form a police force. And so on.

    The same societal forces apply to the game as to the real world, because the same minds control both. But it's okay if your game persona gets killed from time to time or goes to jail or whatever. That's what makes the game different from real life and what makes it a useful diversion. If people stick with it, some form of order will eventually emerge, just like it does in any other group.

  36. yesterday?! by ab0mb88 · · Score: 1

    yesterday's spirited discussion
    How long are things posted in the members only section of slashdot?
    That article was dated Wednesday May 28, @10:58AM

    1. Re:yesterday?! by greglas · · Score: 1

      :-) It was submitted yesterday, posted today.

  37. rights?! by Anonymous Coward · · Score: 0

    I am little confused here. I mean animal rights, property rights, rights of corperations, the rights of national sovernty, and now virtual avatar rights??

    Perhaps we should get civil and human rights first and worry about all this other crap later.

    Of course the world works exactly oppposite to this idea but a guy can dream.

    1. Re:rights?! by Anonymous Coward · · Score: 0

      Actually, human rights, as well as all the other rights you mention, are based on property rights. You have human rights because you own your human. (I don't recommend selling...)

    2. Re:rights?! by Anonymous Coward · · Score: 0

      nope human rights come from the judo-christian tradition of moral equality. "We are equal becouse god judges us as equal." This has changed a bit but the core remains the same....although some people are stronger smarter or richer then others, under the law we are equal regardless of ability or potential. This has nothing to do with the physicality of our bodies but to our moral character.

      People don't go to jail becouse they have small arms muscles or weak eye vision. They go to jail (loose their rights) becouse they break the moral agreement to not tresspass on other peoples equality and rights. (this is the ideal anyway...plenty of people go to jail becouse of their skin color or lack of money in the real world)

      I don't believe in the soul or god but to think that our laws and ideals of civil, human, and equal rights do not stem from these traditions is absured.

      If you want to know more about the history of equality its philisophical underpinings and traditions i recomemnd reading Fukuyama's "The end of history and the last man" It is not focused on this subject but it does give a good introduction to it.

  38. Bits are already protected by law by Ars-Fartsica · · Score: 1
    Your bank account is bits. Those bits do not all represent actual paper dollars as the bank does not keep your money on hand, it is reloaned. Even the cash they have on hand is virtual - it is a fiat and not secured by any other physical resource.

    So yes there is already a longstanding protection of virtual assets in our economy. Everquest assets should be no different.

    1. Re:Bits are already protected by law by Anonymous Coward · · Score: 0

      that's because a bunch of banking laws have been written.
      and a bunch of contracts read, signed and agreed by both parties.

      so no, there is no protection of virtual assets, only good old legally binding contracts.

    2. Re:Bits are already protected by law by Anonymous Coward · · Score: 0

      That's rediculous liberal BS. How could you ever equate somebody's hard earned cash deposited into a bank account with some virtual money that doesn't have any tangible value. Be realistic here. Use some common sense.

    3. Re:Bits are already protected by law by Ars-Fartsica · · Score: 2, Insightful
      How could you ever equate somebody's hard earned cash deposited into a bank account with some virtual money

      There is no difference. That is the point of a fiat currency - it is only as valuable as the confidence people put in it.

      If people decide to stop taking your dollars you cannot go to the Federal Reserver and get gold instead. You are screwed.

      You can argue around it all you want but ultimately the value of your cash is based on confidence, not a secured asset.

    4. Re:Bits are already protected by law by Anonymous Coward · · Score: 0

      This is where the common sense part comes in. You are claiming that there is no difference between the money in the bank and your virtual dollars in some virtual world. I can't understand why people, much less a judge would entertain these ideas. We should be more than capable of determining when something done online has actually caused a person harm. If I created a virtual world and you played for six months and then lost your account by my error, I should be legally obligated to refund you your money, probably around $20. If you think I should owe you compensation for all of the time you've wasted earning your 10000 "vdollars" and your 35,000 square foot mansion in virtualville then you've gotta be crazy.

    5. Re:Bits are already protected by law by Anonymous Coward · · Score: 0

      But the property right, if one exists, doesn't always have to be absolute. A lot of these comments suggest that because the property right we're wondering about in virtual goods is (or should be) inferior to the world-author / server owner's right to shut off the equipment / terminate the service / enforce the EULA at any time, the inferior property right isn't a property right at all. I'm not sure that is correct. Property rights can be more flexible that that -- for example, you might say that fraud/theft/disruption of virtual assets is a property crime if it occurs between avatars and outside the rules of the game, but that there is no recourse against those who run the game / own the hardware...

  39. One major problem... by pla · · Score: 3, Insightful

    In an RPG, you can choose to play an "evil" character. A "lawless" or "chaotic" character.

    At the very heart of role-playing, you act (in-game) in accordance with how your character should. That may well include "Kill the wimpy newb and take its stuff".

    The main idea of this thread would effectively kill the entire idea of an RPG - Basically, a player couldn't do anything except stroll along the bunny-grounds holding hands and singing kumba-ya.


    And let's not overlook when PETA and the like get into the act. Plan to level? Better not kill any of the game's "indigenous" life, or end up whacked with a virtual-cruelty-to-animals charge. Want to solve a quest and get some powerful ancient weapon? Oops, distubing an archaological site has some hefty fines to go along with it.


    Grow up, people. This topic deals with GAMES. Games, games, games, games, games. NOT the real world. If you have trouble telling them apart, and in-game losses "hurt" you IRL, you need to jack-out right now and go interact with other humans, in a real, live, actual physycal setting.

    1. Re:One major problem... by kid-noodle · · Score: 1

      Yes, and part of playing an evil character is that you should expect to be regarded as evil and treated as such - surely by that argument, having to run like stink because you've just been reported to the in-game police is part of being an evil-doer?

      Unless of course, you were just being a griefer...

      --
      fortune -o
    2. Re:One major problem... by Anonymous Coward · · Score: 0
      This topic deals with GAMES. Games, games, games, games, games. NOT the real world.


      No, it doesn't. It deals with online spaces in general; games happen to be one activity that can be performed within online spaces.

      -Raph
  40. Regulating the virtual currency by NetDanzr · · Score: 1
    MMORPGs face one serious economic problem - inflation. I don't think it's coincidence that all the successful MMORPGs keep their monetary policies under strict control, so that the money supply doesn't get out of hand.

    What really intrigued me in this paper was the talk about currency exchange between real-world currency and the game currency (pp 49-51). Right now, it's not much of a concern. However, considering the growth in on-line gaming, I can well imagine a world a few years from now, where several "virtual economies" combined would have the economic strength of a G-8 country, such as France or perhaps even Germany. In that case, you'll have a currency exchange market between several currencies that are regulated by central banks, and several currencies that are regulated by private companies. If the amount of virtual currency becomes signifficant, the unregulated currency exchange could possibly destabilize world currency markets. I am wondering whether this would result into governments taking control over MMORPGs or whether by that time the MMORPG providers will be economically powerful enough to force the governments into some kind of a compromise.

    1. Re:Regulating the virtual currency by iomud · · Score: 1

      MMORPGs could serve as a test bed for the study economic conditions. If players were given a strictly enforced set of rules the data it generated could actually be useful to someone. The only problem is a lot of time would have to be spent in different seperate games tweaking the environment so that it more closely approximated conditions that happen or can happen in the real world.

  41. Less laws = more happiness by Anonymous Coward · · Score: 1, Interesting

    It is my belief that more laws (in any world) do more damage to the rights of people than good. By looking to a higher authority to settle dispute, we as individuals and communities thereby abdicate our right to settle the dispute ourselves. Now, I will couch this by saying that I believe there are certain laws that are universaly recognized, but they can be summed up rather succinctly in "Do no harm". What I am talking about is morally based law, and the idea that we can own things. If you dismiss the underlying assumption that we can own things (which is truly a large debate unto itself), and do away with morally based laws, and simply abide by "To each his own", then does the nature of conflict change within a society? I believe this is the true value of virtual worlds, as a testing ground for how societies behave and operate.

    Of course there are worldly societies that have taken these questions to heart and seem to prove that the nature of conflict does indeed change, and that the quality of life in general goes up. We here in the US (mostly) have not allowed this level of enlightenment to take hold, and indeed seem to want to constrain the way people live according to some kind of repressed morality. So lawyers are thriving, prisons are huge moneymakers, and we end up worshipping material wealth because there is no true happiness or comfort.

    Just as elegance in technology is accomplished through simplicity in design, elegance in society is accomplished through simplicity in governance. The technological revolution (so called) has seen repeatedly a development cycle where the first few generations of a technology are complex and inefficient. As the technology matures, it is optomized and made simpler, until the sheer simplicity of the widget is truly awe inspiring. Our energy generating technology is still in the infant stages where we are using complex and inefficient means to generate energy, but we are starting to see impressive, simple, elegant solutions in this arena and the next century should see a really nice change in how well we meet our power needs. So to, I think, is the fate of the legal codes. We will see that as people are more spiritually and emotionally cared for and supported in communities, their need for accumulating property will dissipate. Poor people already understand the meaningless nature of stuff, and are inherantly more generous than the rich. As a wise man once said, it is easier for a camel to pass through the eye of a needle than it is for a rich man to [live a happy life]. The argument over legal codes and property only serves to create a class of rich parasites like lawyers, insurance salesmen, etc at everyone elses expense. There is no inalienable right to own an SUV, a cloak of indifference, or a plasma tv. We should be more concerned with the right to pursue happiness, which should not require money but only good health, nutrition, and access to nature with that special someone. What can be better than walking to a secluded hot spring, and boning your honey for the afternoon?

  42. More relatable then you might think. by Vile+Requiem · · Score: 1
    I consider avatars to be an extention of a person, almost like acting. In real life, a person's "avatar" on a television show can become MORE popular then the actor themselves, and anyone trying to imitate that character/avatar can logically be sued for defimation of character/copyright infringment/etc...

    This also has an extention into Everquest and other such MMORPG's. Some of the players of these games are better known IN THE GAME then in real life, they might have a online girlfriend, lots of gold, and be infinitally powerful, when in real life they are a 25 year old nerd living in their parent's basement. Is it right to defame these people's virtual characters when it might cause depression and even suicide (which has happened to EQ players) in real life? I would say it's quite wrong.

    1. Re:More relatable then you might think. by resignator · · Score: 1

      "Is it right to defame these people's virtual characters when it might cause depression and even suicide (which has happened to EQ players) in real life? I would say it's quite wrong." Yeah and i found this post so incredibly moronic and pitiful that i lost all faith in mankind then went out and killed myself. Now my girlfriend is gonna sue you for making such a stupid post and upsetting me. See how this logic works? If you commit suicide over EQ you have a MUCH MUCH deeper problem than this and a law about property in virtual worlds will not help you in any way other than make your fantasy more valid. IT IS A VIRTUAL WORLD !

      --
      "At first, we thought it was just another snake cult."
  43. Virtual Laws for Virtual Worlds? by kid-noodle · · Score: 1

    Surely a more appropriate solution is to apply 'virtual laws' to the virtual worlds?
    It is absurd to suggest that one should be compensated for somebody nicking your Sim's stereo, in the Sims, for example - but not as absurd to suggest that the evil sod sim who nicked your sim's stereo that he bought with his hard earned simolians should get nicked.

    In this manner you can maintain the contintuity of the world - it damages the overall world of Everquest, if you can demand trial by jury for player-killing the baker, for example.
    I believe Star Wars Galaxies is at some point planning on introducing a legal system - player kill somebody within a town where this is forbidden, and expect a visit from the police force.

    The question is whether this is a law, or a gameplay mechanic - most of the questyions of legality are real world issues, sexually harassing another player character should be covered by real-world law, as should hacking into somebody's account and stealing their character - stealing a player's items on the other hand, if dopne by in-game means, should be considered a matter of virtual law, to be dealt with (or not) by the adminstration of that particular world, whether that be a trial by jury, or just putting a bounty on the thief's head.

    But then, I'm not a lawyer, I'm a cognitive scientist.

    --
    fortune -o
  44. Re:Jesus fucking tapdancing christ [ot] by Anonymous Coward · · Score: 0

    Seriously, just shut the fuck up. There is no Christ you little nitwit.

  45. paradox approaching... by gosand · · Score: 2, Funny
    Virtual property is worth something if people are willing to exchange it for money (and evidently this is the case). Your values are not my values, but value is in the eye of the purchaser (or in cases of extortion, the vendor...?) Having said that, I think it's nuts that people exchange money for this sort of thing.

    If someone gives me a dollar for no reason, then I have given them nothing in return. There was an exchange there, even though one half of that transaction was nothing. Does that mean that nothing is worth something?

    If so, then every day I work, I lose something (nothing) by coming in to work when I could be at home doing nothing (something). Therefore, my employer is robbing me of something (nothing) for 40 hours a week! Instead of just paying me for working, they are also taking away my nothing. I did not agree to that when I took this job, so now I can sue them to oblivion! USA! USA!

    At some point, someone has to draw the line on this stupid shit.

    --

    My beliefs do not require that you agree with them.

    1. Re:paradox approaching... by Qzukk · · Score: 1

      If so, then every day I work, I lose something (nothing) by coming in to work when I could be at home doing nothing (something).

      As someone who has taken an introduction to economics class, I am fully qualified to say Exactly. This is known as an opportunity cost, what you gave up to receive what you got. You evaluated the value of "nothing", and perceived it to be less than the value of your job (paycheck, esteem/prestige, skills gained), and so you took the job.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  46. In Other News by ShieldW0lf · · Score: 1

    Joseph Smith was convicted of murdering of "Diana the Magnificent" with a two-handed sword yesterday in Texas. He will be executed by lethal injection tomorrow.

    Diana has expressed her deep satisfaction with the verdict. She will appear in exclusive interview with David Letterman later this evening.

    --
    -1 Uncomfortable Truth
  47. GTA vs virtual laws by YrWrstNtmr · · Score: 1

    ohh boy. That's gonna be ugly.

    Many, many actions in GTA would be 'illegal' IRL. Do we now have whole new sets of laws, one for each game?

    In this one, it's legal to carjack another player's virtual property, but in that one, you (and your real world persona) may get thrown in jail for 'stealing' virtual property

    Talk about blurring the lines.

    1. Re:GTA vs virtual laws by Anonymous Coward · · Score: 0

      Yes -- GTA is a good point. Even for those who support the notion that some type of avatar rights might be warranted in some circumstances, there are major difficulties in understanding how that plays out in practice. Many real-life criminal behaviors (e.g. murder & theft) are what constitutes fun on PvP servers. So what are we talking about when we talk about avatar rights in those worlds? The conclusion in the paper is that avatar rights probably should NOT show up in real-world courts. However, that doesn't mean that they aren't worth thinking about.

  48. What are my rights? by Wyatt+Earp · · Score: 1

    I've ran a MUSH for about 4 years and I've had some problems with people taking descs/stuff from website/theme stuff and I've had problems with people making all sorts of claims as to thier "rights" when it comes to monitoring situations to make sure there is no cheating/abuse.

    What is "mine" what isn't, what rights to I have to keep my work under my control?

  49. Re:Jesus fucking tapdancing christ [ot] by FroMan · · Score: 1

    Might you be the "very open to discussion" fellow that has in the last hour or so gone through and systematically modded 5 of my posts down?

    Why don't you go ahead and post non-AC?

    I love how slashdot is supposed to be an open place, yet instead likes to hide behind AC's and quiet moderation to try and suppress folks with a differing view.

    AC is truly a good term. Come now, its only karma. Show yourself.

    From Princess Bride: And when I say you are a coward, that is only because you are the slimiest weakling ever to crawl the earth.

    --
    Norris/Palin 2012
    Fact: We deserve leaders who can kick your ass and field dress your carcass.
  50. Re:moron bulleaving the BiG lie by krumms · · Score: 0, Offtopic

    what the fuck? aren't you a few /. posts behind?

  51. take the red pill by gobbo · · Score: 1

    [obligatory Matrix reference follows]

    Where is the line between intellectual and virtual property? If we go down the road of naturalizing the virtual worlds we invent and bring them up to status with 'consensual reality', then do we risk blurring the boundaries and losing ourselves in [nearly] inconsequential realities, bequeathing care of this reality to those enamoured with power?

    Funny, this feels real, but perhaps it's just another level in a simulation [albeit a very good one]. Mind you, I do see the occasional unexplainable glitch.

  52. moron disempowering Godless corepirate nazi felons by Anonymous Coward · · Score: 0

    just stop giving them more&more monIE.

    they already have more than enough, most of the rest of US, do not.

    it's not as simple as it sounds, but it is quite doable.

    if you are a greed/fear based lifeform, you may choose not to participate.

    consult with yOUR creator. don't take forever to do it, 'cause time is not on yOUR side at the momeNT. future generations would be grateful. if we don't get our heads out of our .asps, what the future generates may not be what you wanted for US/them (yOUR kids).

    there must be a line somewhere?

    here's won: "Beware the industrial/military complex"

    won of you knows who said that?

  53. Before the "it's just a game, losers" start up by ScottGant · · Score: 1

    Yes, they're only games we're talking about here, virtual worlds. But is it any different from other pass times?

    There is NO difference from someone spending time online in EQ than the average sports fan. Both can be viewed as wastes of time. And how many more people waste their time with sports? Sports are no more "real" than online worlds. I mean, both are just for fun...a way to spend time. That's it. Don't tell me about sports teaching teamwork and all that CRAP! GOD I hate that term. Who gives a damn! I'm not a team player!

    But I digress...

    Here's another example

    Also, major sports fans and like....I don't know...Trekkies perhaps (Trekkers...whatever) are in fact the same exact type of person! Both go to special places (football stadiums and Star Trek conventions), they both dress up as they're favorite "character" (football jerseys, face paint, hats vs. uniforms and makeup), they both litter their homes with memorabilia. They talk all the time about both pass times with their friends..etc etc.

    It's someone's hobby. It's someones interest. One mans passion is another mans target of ridicule. Who's right? Who's wrong? There is no right and wrong with these things.

    --

    "Music is everybody's possession. It's only publishers who think that people own it." - John Lennon.
    1. Re:Before the "it's just a game, losers" start up by simetra · · Score: 1

      There's a big difference; namely reality. When a loser goes to a ball game or a convention, they spend real money to be with other real people who share a common interest. They risk their real lives driving/walking/biking there and back. They consume real resources and have an impact on the real world.

      --

      "Would it kill you to put down the toilet seat?" -- Maya Angelou
    2. Re:Before the "it's just a game, losers" start up by ScottGant · · Score: 1

      But there still both hobbies. And they're still no more "real" than anything else...it's still wasting time. Consuming real resources? Having an impact on the real world? I think you're giving the average sports fan far too much credit.

      And how are these people any more of a loser than say...you?

      It seems from your posting history that YOUR hobby is labeling people losers and looking for cameltoe pictures.

      But hey, I guess it keeps you off the streets. And we all are thankful for that!

      --

      "Music is everybody's possession. It's only publishers who think that people own it." - John Lennon.
    3. Re:Before the "it's just a game, losers" start up by Zeriel · · Score: 2, Insightful

      How about all the jocks/frat boys (including my own frat brothers) who make fun of me for playing video games, then spend all their free time and cash on televised sports and fantasy {foot|base|basket}ball leagues? What part of reality are they interacting with? =P

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    4. Re:Before the "it's just a game, losers" start up by 680x0 · · Score: 1
      I think one difference is this:
      A runningback who fumbles can't sue the linebacker who picks up the ball for theft of property. Even things which are "against the rules" (e.g. roughing the kicker) are enforced by in-game penalties not civil litigation.

      So, yes, online games and real-world games should be alike in that only virtual (or in-game) actions which cause real-world harm (or violate real-world laws in the real world) should be punishable.

  54. Anything goes in the Virtual worlds by thepacketmaster · · Score: 2, Insightful

    The whole point of participating in a virtual game is that anything goes. Dungeons and Dragons, Mechwarrior, Warhammer 40K are the predecessors to these virtual worlds, and the whole point of these games was to destroy your opponents and play with your teammates. It was like that because of the rules. If you did't like the rules, or the game master, you didn't play the game. So if Shadowbane can't control the game properly, whether it is because of bad programming that left a vulnerability, or for any other reason, don't both playing.

    --

    --

    Luck is just skill you didn't know you had.

  55. NEXT on Slashdot ... by bethanie · · Score: 1

    ...When geeks go to law school!

    (baaaad things can happen!)

    ....Bethanie....

    1. Re:NEXT on Slashdot ... by greglas · · Score: 1

      Good point. :-)

  56. There is a HUGE problem of 'perspective' by johnstein · · Score: 3, Insightful

    The biggest issue here isn't simply "do avatars have rights online?". Some people live their lives almost exclusively online. Their dearest friends are found and interacted with in a digital sense. These people, in all honesty, are in fact their avatars. That is WHO THEY ARE.

    On the other hand, some others use the internet as a supplement to their life. They utilize it to keep in contact with their real-life friends and have few, if any, online aquaintances. Some others are in the middle. ( I am excluding those who do not use the internet at all or only use it for communication for their jobs. i.e. email.)

    There are several layers of "immersion" that people undergo. I am reminded of a story my "democracy and technology" class discussed a few years ago. Here is a reference to the story. Essentially, some college kids 'hacked' a chat program; the kind where each person has a visible avatar. They used some commands to make unsuspecting chatters "rape" each other or do other "naughty" acts to each other. If I remember correctly, it was only via text that this occured. (The visual avatars did not animate).

    The question posed, was this illegal? Was it virtual rape and assult? On one hand, if the abused person was very immersed in his or her 'virtual reality', the incident would indeed be traumatic (to some degree at least). If the immersion was low, the abused would likely become annoyed and go on with his/her life.

    The same thing goes for MMORPG's. Some people spend incredible amounts of time ammassing items and power in these games. It's an ivestment of time, money, and energy to them, so if someone hacks their account, they stand to lose quite a bit. How could you not say that a crime hasn't been committed if someone loses something that they worked so hard for. However, let's be realistic. It's digital information. It's 1's and 0's on a computer server far far away... or is it?

    Right now, the arguements are using two sets of facts. One side is deeply immersed in the 'bodyless' virtual reality and to them, there is little difference between an avatar and the person controlling it. Thus, the person's rights should carry into the avatar's world.

    The other side says that a virtual crime is not a crime at all. That people need to seriously reconsider their priorities and realize what exactly constitutes their reality. Yadda Yadda Yadda...

    At this present time, with so many people of varying degrees of immersion into this new world without rules, there can be NO law that will satisfy everyone. In fact, I don't believe any law can even come close to addressing the widely chasmatic viewpoints that people hold regarding this topic. But who knows.

    -John

    --
    "The definition of insanity is continuing to do the same thing and hoping for different results"
  57. You've missed the point. by zipwow · · Score: 2, Interesting

    While I admit, that I'd be upset if I spent time building a character only to have it destroyed by another player. However, if this is "outlawed", there will be no bad guys, and no fun. Who wants to play against the computer all the time -- that defeats the purpose of online gaming.

    These laws aren't meant to restrict the way the game works itself, but rather the consequences from out-of-game actions.

    For example, if I killed your character and stole your stuff according to the rules of the game, I'd be fine. If, however, I used some exploit or hacked into the game server, or committed some fraud to destroy that character and your items, then you'd be talking about a crime.

    At least, that's how I read the originating articles.

    -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.
  58. Games changing sense of reality == bad by ebuck · · Score: 2, Interesting

    In the real world, you can spend a lot of money and time producing something that is worth much less (if anything at all) than the resources you put into it.

    Why do people continue to believe that the things they arguably "create" online have a value equivalent to the amount of time and money they put into producing them?

    When OU was initially released, it had a realistic economic engine that ruined the game play. With todays economic engines, nearly everything you do betters your standing in the game. While this is good for promoting people doing things in the game, it has no bearing on the real world.

    So if you spend months building up the character on your game of choice and a you have a contract indicating that someone is willing to buy your character at a price, you should have a case (under the normal pre-existing laws), but you shouldn't expect compensation for voluntary work should you find it worthless (lost, erased, destroyed) after-the-fact.

    Disclaimer: Never played Ultima OnLine, but read interesting articles about online economic systems. Nor am I a lawyer, but if you think this is legal advice, I doubt a real lawyer could help in any way.

    1. Re:Games changing sense of reality == bad by Incongruity · · Score: 2, Insightful
      In the real world, you can spend a lot of money and time producing something that is worth much less (if anything at all) than the resources you put into it.

      Why do people continue to believe that the things they arguably "create" online have a value equivalent to the amount of time and money they put into producing them?

      There's also a real-world term called "replacement cost" which is often used in place of fair market value when one is talking about the worth of something.

      Inasmuch as it would take a huge ammount of someone's time to replicate their character without violating the rules of the game system (such as getting an admin to re-create a character to some specification) it has a high value when you're talking about replacement cost. As for fair market value, that's another question... either way, I fear that you have missed the distinction between replacement cost (often used by insurance companies as an excuse to charge you more for your policy if you want it) vs. fair market value (often used by insurance companies in order to give you less when you file a claim ;-) )

  59. It's Pretend!!!! by simetra · · Score: 3, Interesting

    That's why there are pretend worlds and crap online, so you don't risk losing actual assetts. You play a car-racing GAME because you don't want to trash your ACTUAL car. If you crash your car in the game, do you cry and try to find someone to sue? No, because it's fairly obvious that it's PRETEND. You will not suffer REAL financial hardships because of this; you won't have to buy a new car. You won't have to shell out REAL money for repairs. You spend time in imaginary places to avoid real consequences. Now you want to get real compensation for imaginary losses? Okay, but how about if we then make a law that if your imaginary character dies, you must be killed too?
    Sure, you want the good of reality, and the good of imaginary. You want to have your cake and eat it too. And you want to waste our time on this. Go blow a dog.

    --

    "Would it kill you to put down the toilet seat?" -- Maya Angelou
    1. Re:It's Pretend!!!! by Anonymous Coward · · Score: 0

      How is this wasting your time? It's only wasting your time because your posting about it.

      And what's up with that website of yours? Dude, get a life. Move out of your parents house. Go outside.

      You ever even kissed a girl yet?

      Fucktard.

    2. Re:It's Pretend!!!! by Zeriel · · Score: 1

      So if someone pays $10-$40/mo on anything from Everquest to ESPN Fantasy Football, they still have lost nothing of value when someone maliciously AND OUTSIDE THE CONTEXT OF THE GAME messes with it?

      I think you're TRYING to miss the point. We're not talking about people who steal cars in GTA, or wreck them...or people who kill other players on MMORPGs that allow them. We're talking about people who break the system in ways that adversely affect other players.

      Killing my character in Everquest is fine. Breaking into the database of an everquest server and deleting my stuff is (and should be) actionable, and is what we're discussing.

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
  60. Many years of MUCKing- by Mu*puppy · · Score: 2, Insightful
    -and here are some of my thoughts and observations on the matter. Granted, the MUCKs and MUDs I've been on have been subscription-less, but I think many of the concepts still apply.

    1. Ownership. The person who 'owns' a MUCK, MOO, MUD, MUX, or MMRPG, is the person who owns the physical machine hosting it. It's just that simple. They can turn it on, and they can turn it off. Your 'avatar' is nothing but a collection of 1's and 0's that reside on/in the owner's hardware. Of course, paid susbscriptions would fall under contract law I'd imagine, but outside of that, the owner could simply turn off/move/disconnect/wipe the machine and that's that.

    Next level is the wizcore/admin/staff/whatever. Generally speaking, they are given administrative domain of those 1's and 0's on the machine, and as such, have some limited legal responsibility. Hence why servers carry AUPs (Acceptable Use Policies), most of which basically say 'As someone physically owns this machine and can be held responsible for it's contents, you WILL play by these rules or you will be removed from this server. We're just following the rules of CYA. If you don't like it, go somewhere else.'

    2. The ownership of 'areas.' I've seen this issue wrangled over before and have the following to say: -PLAYERS- make an area, not just the physical setting. Someone may have developed the background, feel, and descriptions of an area, but once you let players run amok in an area, it becomes a collective work-in-progress between everyone involved. You may have designed the area and 'own' that design (more on this later), but you do not own an area AS IT IS NOW.

    3. You can always disconnect. I hear tales of character rape, abuse, any number of things where people make the claim 'I was forced to do X.' Bullshit. At any time, you can disconnect from the machine, or even turn off your computer. You can say 'Sorry, nope, not gonna be a part of this,' get out of the situation, and report it. Where your 'avatar' may be a collection of 1's and 0's bound by the laws of the server programming, YOU are not. IMNSHO, if someone can manipulate you mentally/emotionally that easily, you shouldn't be on the 'net to begin with. For the most part, yes, in character actions have in character consequences (ie. you killed someone and the local authorities are gonna execute you for it), but if there are things not in accordance with the AUP (ie. someone's got psionic control over you, drags you off into a dark alley and is going to rape you), you DON'T have to RP it out. Staying pretty much equals consent, as 99.99% of the time you can EASILY get out of it through out of character means.

    4. Develop areas/characters/items -outside- of a game first. If you ever want to use a character/area/whatever outside of a game (ie. a novel), make sure you develop it -outside- of a game before moving it into the game, so you have at least some form of 'prior art' available to you.

    Most of all, remember, it's only a game. If you make real-world contracts for the transfer of characters/property, that's all well and fine, you have a real-world contract. If you play on a server with an AUP, the administration has full rights to boot you for non-compliance.

    In conclusion, most of the time the administration -wants- to keep the players happy. Wether it's a pay service or the 'reward' for the staff is simply the game itself, a server is nothing without a player base. There many more servers out there, if you don't like how one is going, you can always pick up all your marbles and go play somewhere else...

    --
    There's no wrong way, to eat a Rhesus...
    1. Re:Many years of MUCKing- by metlin · · Score: 1

      Well said! I wish I had mod points to mod you up, but right now the best thing I can do is add you as a friend.

  61. A secret ingredient revealed? by KE1LR · · Score: 1
    Being personally interested by the intersection of the law and computing, I printed off a copy of this to read on the plane tomorrow. When I pulled it out of the printer, I flipped through it a bit and happened to notice that the authors reveal the "secret" ingredient in Coca-Cola!

    No, it's not Cocaine anymore.

    Now I'm really looking forward to reading the whole thing!

    PS: See page 53.

  62. Sounds like the matrix. by Dr+Reducto · · Score: 1

    Second, we discuss whether avatars have enforceable legal and moral rights. Avatars, the user-controlled entities that interact with virtual worlds, are a persistent extension of their human users, and users identify with them so closely that the human-avatar being can be thought of as a cyborg. We examine the issue of cyborg rights within virtual worlds and whether they may have real world significance.
    This reminds me of the Animatrix no. 1: The Second Renaissance: Part 1 since they bring up whether AI's have the rights of man, since they are created in our image and granted with our spark of knowledge. They are damn right that these will have real world signifigance.

  63. Listen to the gaping asshole - Raph Koster? by Anonymous Coward · · Score: 0

    The "genius" behind the idea that players would police themselves? The guy who said a PK switch was not possible in UO? The guy whose house was burned down by PK victims angry at his idiocy?

    No thanks. I'll listen to people with IQs > 0.

  64. Why not rent? by BigBadBri · · Score: 1
    Then you could be a true karma whore...

    --
    oh brave new world, that has such people in it!
    1. Re:Why not rent? by bigpat · · Score: 1

      MMmmmmm... by the hour.

  65. Whoo-hoo! by ambisinistral · · Score: 1
    This is just great -- another arena for lawyers to run amuck in!

    However introduces lawsuits to on line games should be tied to a spammer beaten to a pulp.

    --

    deserve's got nothing to do with it...

    1. Re:Whoo-hoo! by ambisinistral · · Score: 1

      Calm down grammer Nazis, I am not a copy editor -- the last should read whoever, not however.

      --

      deserve's got nothing to do with it...

  66. my MUD experience by Anonymous Coward · · Score: 0

    I remember playing a MUD, based out of Ohio State University, back in the early 90s. I found a loophole that allowed me to attack players even though playerkill was turned off. I would just summon a monster and order him to kill newbies who were in the town plaza, not expecting anything.

    My friend was a fellow sysadmin at my school who played the MUD, too. He found out about what I did and he told our boss and tried to get me fired for what I did in this virtual world.

  67. Theres a simple solution! by antis0c · · Score: 1

    SimCourt anyone?

    --

    ..There's a-dooin's a-transpirin'
  68. Re:Jesus fucking tapdancing christ [ot] by Anonymous Coward · · Score: 0

    Well, I have been humbled. I had now idea that you would start quoting the Princess Bride. I know realize the errors of my ways.

    I will not post logged in, because of my fear that you will moderate me down (rotflmao). No, actually, I don't have an account. No, I was not moderating you down.

    You are stupid. You are lame. There is no god.

    http://slashdot.org/~FroMan/freaks

    Looks like you are loved.

  69. Coming this fall.. by ktakki · · Score: 3, Funny

    ...to NBC, Law And Order: Special Moderators Unit

    Bailiff: All rise, the Honorable Cmdr Taco, presiding.

    [...]

    DA McCoy: Ladies and gentlemen of the jury, we will show beyond a reasonable doubt that on the evening of November 22nd, the defendant, Mr. H4x0rD00d, did knowingly and willfully employ an aimbot and an OpenGL wallhack during the commission of...

    Defense Attorney: OMG, LOL! Objection!

    Judge Taco: Overruled. STFU.

    [...]

    Judge Taco: Ladies and gentlemen of the jury, how do you find the defendant?

    Foreman: On the count of wallhacking in the first degree, we find the defendant guilty. On the count of using an aimbot with intent to 0wn, we find the defendant guilty. On the count of misdemeanor page-widening, we find the defendant not guilty. On the count of trolling with intent to flame, we find the defendant not guilty. On the count of felony sock-puppetry, we find the defenNO CARRIER

    k.

    --
    "In spite of everything, I still believe that people are really good at heart." - Anne Frank
  70. Re:Jesus fucking tapdancing christ [ot] by Anonymous Coward · · Score: 0

    Get a clue nitwit... Jesus was just a Charlie Manson who got away with it.

  71. Its not real.. geesh by nurb432 · · Score: 0, Flamebait

    Come on, this has got to be a joke.. none of this stuff is real.. its all imaginary.. how can there be *laws*..

    get a life.. get out more..

    --
    ---- Booth was a patriot ----
  72. Ughhh by resignator · · Score: 1

    sonofa...I mean come on. What the hell is wrong with people and what makes em so stupid. I will have to shoot the first person who brings a lawsuit to court over a freaking flaming sword that got ganked in some mmorpg. Actually i will go one step beyond and stick a massive flaming sword up their ass then shoot em. Do us all a favor if you get ripped off in game and are going to sue someone jump off a freakin building cause you are a complete waste of life and no amount of virtual property is going to change that.

    --
    "At first, we thought it was just another snake cult."
  73. reality check? by Shadestalker · · Score: 2, Insightful
    From the article:

    "Avatars, the user-controlled entities that interact with virtual worlds, are a persistent extension of their human users, and users identify with them so closely that the human-avatar being can be thought of as a cyborg. We examine the issue of cyborg rights within virtual worlds and whether they may have real world significance."

    A cell phone is a user-controlled entity that interacts with the provided communications netwrok, is a persistent extension of its human user, and users identify with them so closely (custom ringtones, faceplates, voice-dialing, etc.) that the human-cell phone being can be thought of as a cyborg.

    So my cell phone needs civil rights?

    1. Re:reality check? by Anonymous Coward · · Score: 0

      Well, no, your cell-phone doesn't need any rights. But if someone kicks you in your artificial leg, is that an assault? What if someone shuts off your pacemaker? The point isn't the cell-phone's rights, it is the rights of the extended person that is combined with the technology. That's the theory at least.

      -g

  74. Whats even the point? by Anonymous Coward · · Score: 0

    Sometimes I wonder... why not just buy a character and spend the rest of your time doing something more productive. After all, if you take your salary at an hourly rate, you're really losing money by playing games all day/night/forever.

    Sometimes I wonder.. why play mmogs at all? Whats the freaking point? There is no goal.. and the socialization people always seem to point to could, for the most part, be reached with better results in the real world.

    I played mmogs from 97 till late 2002.. and you know what? I made some nice friends...... But, what did I give up to play? Why are we, as gamers, not looking at the hooks they are putting into these games and asking ourselves if this is a good thing..

    I realize people get really attached to the virtual items and the avatars they have in game.. but isnt this pointing to a larger problem?

  75. Re:Jesus fucking tapdancing christ [ot] by FroMan · · Score: 1

    Um, letse see.

    Charlie Manson: is in jail for conspiring to kill some folks

    Jesus Christ: was crucified for claiming he was the son of God

    Charlie Manson: had the Manson chicks wack some folks

    Jesus Christ: had apostles who died for their service

    Yes, I'd agree one of us is a nitwit. Either, me for responding to trolls, or you for your complete lack of knowledge. Tell me, what was Jesus' crime?

    --
    Norris/Palin 2012
    Fact: We deserve leaders who can kick your ass and field dress your carcass.
  76. Re:Jesus fucking tapdancing christ [ot] by Anonymous Coward · · Score: 0
    No, the Romans greased him because he was a lay-about pain in the butt who claimed he was born to rule the universe. However, all he actually did was con poor people out of their hard earned money with all his bogus miracles -- that is when he wasn't honking that little strumpet Mary Magdelane -- .

    Face it, the lazy bum was a grifter.

  77. It's all in how you play it by Mu*puppy · · Score: 1
    Some people want to play evil characters. That's all well and fine, but realize that most people DO NOT. We're faced with all sorts of 'evil' in real life, so when given the option, most people want to be the Hero. If you play an evil character, you'll be outnumbered. Most people play to have fun, and for most people, that 'fun' does -not- involve being on the receiving end of a sword, spell, whatever. If you play a character who's annoying, don't be surprised if most people shun your character -because- he/she's annoying. If you play a character who goes off and kills others, don't be surprised if others want to kill you.

    Problem with most evil characters, it that they want to be 'above the law.' They go with the arguement 'Well, you -need- us evil types.' Remember though, the 'need' of the Hero can involve the DEATH of the evil character if the case is severe enough (ie. murder, rape).

    I've found there are generally two viable types of evil characters: the re-spawner (when the heroes get pissed off enough and hunt you down and kill you, you simply start over with a new evil character, as nasty as you want to be because, hey, it's disposable) and the rare 'evil l337' (the character who's evil, the heroes -know- is evil, but doesn't do evil the heroes can actually prove, and is cool enough that the heroes don't mind being around, rubbing elbows or 'verbally fencing' with (most often, they tend to be 'lawful evil')).

    If you want to be nasty, annoying, blood-thirsty, whathaveyou and a general 'buzz-kill' for others, and yet be ABOVE the law at the same time, you're just as misguided as those 'strolling around the bunny-grounds holding hands and singing kumba-ya.'

    --
    There's no wrong way, to eat a Rhesus...
  78. Re:moron disempowering Godless corepirate nazi fel by Anonymous Coward · · Score: 0

    it was eisenhower. you truly are one of /.'s stranger creatures.

  79. physical setting? by Exiler · · Score: 1

    Like D&D at the local cardstore?

    --
    Banaaaana!
  80. .hack by luzrek · · Score: 1
    Anyone ever watch, or play any of the .hack stuff?

    While it is fiction, it does seem to deal with a large chunk (and more) of this conversation.

    --

    Galium Arsenide is the material of the future, and always will be.

  81. Research seems incomplete by WillAdams · · Score: 1

    No mention of Neverwinter Nights on AOL, nor of the current version, nor of Diablo---seems to skip straight from MUDs to Everquest.

    I guess the real question here is whether there should be some established standards on the obligations of the company / entity which maintains the virtual world as opposed to the situation now where it's all handled by contract law (and possibly computer cracking / security laws)---since AOL wiped my Elven Champion-Wizard-12th level Master Thief (Dreamsmyth, an ``Elflord'' and founder and one-time Guildmaster of ``The Grey Company'' the private Elven guild, as well as his Girdle of Storm Giant Strength, Elfin Chainmail +3, +3 Frostbrand and a Cloak of Elvenkind and pair of +3 rings of protection) w/o even notifying me when they pulled the plug on Neverwinter Nights, and seriously damaged the viability of demi-human characters in the move from v1 to v2, I'd be inclined to agree.

    Another failing in the paper is no mention of the matter of viable virtual property running afoul of gambling statutes---there was a really interesting story on this concept in _Dragon Magazine_ a couple of years ago, ``Catacomb'' I think it was called. Basically, if one pays money to get stuff in the game, can then leverage that to get more stuff which can be sold for real money (think cashing out your chips at a casino) that meets the prevailing legal definition of gambling which is at the least, highly regulated.

    William

    --
    Sphinx of black quartz, judge my vow.
    1. Re:Research seems incomplete by ambisinistral · · Score: 1
      my Elven Champion-Wizard-12th level Master Thief (Dreamsmyth, an ``Elflord'' and founder and one-time Guildmaster of ``The Grey Company'' the private Elven guild, as well as his Girdle of Storm Giant Strength, Elfin Chainmail +3, +3 Frostbrand and a Cloak of Elvenkind and pair of +3 rings of protection

      Girdle of Storm Giant Strength? I wonder how many times I would have to bonk myself over the head with a baseball bat before I would ever type that in public?

      Not to sound like I am picking on you, but Geeezus, it is a GAME. Ya pays your money and ya takes your chances. Nobody, nor no company, is required to attend to the health and welbeing of your IMAGINARY counterpart Dreamsmyth the killer elf.

      --

      deserve's got nothing to do with it...

    2. Re:Research seems incomplete by Graspee_Leemoor · · Score: 1

      " Girdle of Storm Giant Strength? I wonder how many times I would have to bonk myself over the head with a baseball bat before I would ever type that in public?"

      Forgive me for being obvious, but you just did.

      graspee

  82. Well.... by ManicGiraffe · · Score: 1

    Seems somewhat simple to me. Every MMORPG is set up with rules, enforced by TOS and programming. If you intentionally violate those rules, you deserve an appropriate consequence (banning, loss of XP, computer crime charges, etc). If it's legal in game for me to take my Big Honkin' Sword +3 and brain you with it, then there's no consequence to me, since I'm abiding by the "laws" of the virtual world.

    Our fine friends in SB didn't abide by either their TOS, or by RL computer crime laws. Are they liable? Hell yes. Not because they inconvenienced someone who needs more sunlight, but because they physically compromised a server not belonging to them.

    Basically, apply the laws of the world they broke the law in. "Wallhacking" is illegal in the virtual world, you get a virtual punishment: loss of XP, banning, etc. Hacking servers is illegal in the real world, you get real world punishment.

  83. Oh for Christ's Sake by 2names · · Score: 1
    I can see it now... "My imaginary friend has rights, dammit!"

    Bunk.

    --
    "I'm just here to regulate funkiness."
  84. You get what you pay for... by Archfeld · · Score: 1

    I thought I was the only one...I've told my boss that he can't afford my overtime hours. He laughed and I said,"For real boss, I won't work OT unless you tell me it is a MAJOR EMERGENCY, and IT BETTER BE, or you pay 5x my normal salary." Needless to say he's not really happy with me, but thanks to the wonderful new laws in California I am back on a timesheet and now have right of refusal on any OT :) 40 hours a week is exactly what the company pays me for, and since in the NEW economy, extra's perks and bonuses are gone, I don't OWE the company 1 second beyond my 40, and I feel no pain over it :)

    Mind over Matter...I don't mind because it does not Matter anymore :)

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
    1. Re:You get what you pay for... by Daniel_Staal · · Score: 1

      This is the one advantage of working as a temp... I'm paid by the hour, and I have no contract. They can't *force* me to do anything, and if I stay I get paid more, ALWAYS.

      Other parts suck of course.

      --
      'Sensible' is a curse word.
    2. Re:You get what you pay for... by willtsmith · · Score: 1

      VERY cool law.

      One question, do you have the right to a 1hr lunch?????

      --
      -------- -------- Support Wesley Clark for president!!!
    3. Re:You get what you pay for... by Archfeld · · Score: 1

      no we get 30 plus a 20 break. In reality my local managers are as farking confused by this new legal mess as we all are...Corporate management lives in a different world and views this as a benfit somehow. I can take an hour I just have to then ensure I work the requisite 8 hours :). What we CAN't do is waive our lunch and leave early, that is specifically forbidden by the new laws, YOU MUST TAKE your breaks.

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
  85. Unfortunate, yes. Illegal, no. by cprincipe · · Score: 1

    If you've spent a bunch of time and money building a character and someone hacks the server and you lose that work, it's unfortunate, but it shouldn't be illegal. This would be like me suing Sony if my memory card failed after 60 hours of playing Final Fantasy and I had to start over again (which has happened to me).

    It sucks. Deal with it and move on.

    --

    bun-fhuinneog agam!

  86. Virtual assets and the IRS,banks,insurance by zptdooda · · Score: 1

    I'd be more inclined to believe damage to virtual goods could be sued for and that there was a real loss if before the loss, the people holding these assets did the following:

    1. claimed the increase in these assets as "capital gains" or "other income" on their tax returns
    2. included them in their list of assets they showed a bank when applying for a loan
    3. paid property insurance premiums on them

    --
    Esteem isn't a zero sum game
    1. Re:Virtual assets and the IRS,banks,insurance by DavidTC · · Score: 1
      No one has to do #3 unless, duh, their insurance covers it, which it usually doesn't, and they want their insurance to cover it.

      Likewise, no one needs to do #2 unless they feel that would help them at the bank. To actually help them, it would have to be worth quite a lot (People don't go around listing TVs for banks.), and they'd have to demostrate that it was actually worth that much, which it's not worth doing.

      And with #1...you're making a rather amazing assumption about how valuable these things are. If someone has a 10,000 dollar character, sure, they should declare it...but people don't that have valuable a character. And, yes, they should have to pay income taxes (and sales tax) on them if they sell them, no matter how much...and you have no evidence at all people don't.

      In short, you have no point at all, and are just trying to feel superior to everyone...but you don't realize that, no, you don't have to go around declaring you own something worth, for example, $200, for it to actually be worth that. I have a nice $179 dollar monitor that only I and God know I own. I paid sales tax on it, and that's all I have to do.

      And before you come back with some lame comment, be aware I've never played on a MMORPG in my life, and have played various MUDs for a grand total of about 15 hours, and don't consider any characters I have, assuming they still exist, to be worth anything.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    2. Re:Virtual assets and the IRS,banks,insurance by zptdooda · · Score: 1

      Sorry if it sounded like I was trying to sound superior - not my intent at all.

      Actually an exchange student from South Korea who's with our family right now told me that in his country _some_ people play a MMORPG as a part-time job, and some can make as much as people with traditional part-time jobs. Supposedly castles in this game are worth many thousands of dollars in the real world, and some people will pay real money for virtual money at some multiplier. I had no idea that there was a market exchange rate on this kind of thing.

      Crap, my writing style must be really bad - I didn't mean to insinuate that I was attacking anyone personally.

      --
      Esteem isn't a zero sum game
  87. Relation of time / real world currency to gaming by kenshin357 · · Score: 2, Interesting

    I read the entire near 100 page abstract (yeah, it's a boring day at work) and found it very interesting.

    He seems to base his thesis on two decent arguments: first, investing time into making something, even if this investment is in a virtual world, gives something inherent value. secondly, that because in game properties are being sold via ebay that there is some sort of real-world value to these objects. He even points out that people have made 'us dollar to everquest platinum' currency conversions, and you can pretty easily earn around 3.24$ US dollars an hour 'working' on everquest.

    I think given this base, his entirely abstract was pretty worthless other than a very good history on the evolution from the start of gaming to MUDs (which I used to frequent and appreciated the reminiscing) all the way to the everquest (graphical MUD) phenomenon.

    The premise that investing time and effort into something, even virtual, makes it valuable?? seems ridiculous to me when the end result of such efforts is (realistically) changes in 0's to 1's and vice versa on a remote computer system. It seems like the author is taking the psychological effect of these games as having some sort of value. Who should really care if someone becomes emotionally invested in what really isn't more than a series of pixels on a screen.

    The selling of items is merely a fluke, and I think it's partially companies like Sony's fault for letting it happen --shouldn't they have the power to just randomly delete the objects from the characters doing the selling (with some checking for fairness) ? And I'm sorry but that reference to the company hiring poor mexicans to play dark ages full time just to sell items is a hilarious(?) abuse of mythic's systems.

    I played MUDs for a couple years, racked up a character with 3000 hours. I know how addicting and psychologically investing these games can be. Yet on the same note, I always understood deep down that it was just a file on a remote system, and were it to be erased then it would just be "too bad."

    The phrase "it's just a game" is very overused (esp on slashdot) and I think is inappropriate because that implies that just because some people view these games as trivial that we all should. The author mentioned that a large number of people (many 80+hr/wk players) have been recorded as saying they feel their 'real life' is just a meaningless support to their lives in everquest.

    I think the author hits that psychological impact right on the money, but on the same note, this shouldn't have any real world meaning except maybe feeling sorry for those who are hurt and lose property in 'virtual worlds.'

  88. Extend this concept... by seangw · · Score: 1

    About 7 years ago I played a MUD (DragonHeart if anyone has heard of it). There were some months that I'm sure I spent at least 10 hours playing the game.

    The game had an interesting option, people could spend money to buy special (donor) equipment in the game. People in the game sent in a check for a specified amount per armor piece ($30 for a helm, $120 for a sword, etc.) along with a custom description of that piece of equipment. This equipment wasn't as good as the best gear in the game, however, it was second to the best.

    This brought up an interesting concept. If the administrator shut down the game and brought it up, would those people have rights to their equipment? They did purchase the bit arrangement on a hard drive somewhere.

    Not perfectly applicable to this situation, but it brings about a truth. All virtual worlds are actually something somewhere (bits on a drive).

    Laws do apply to these virtual worlds, whereas a user agreement can bind a user into certain behaviors and actions.

    Law in these games is however defined by code absolutely. Law is applied to our world from our perspective of it.

    So there is a law in these "virtual worlds" as defined by the organization owning the world.

    In terms of theft, vandalism, etc; ruining one's "actual bit pattern" can be considered illegal in that they re-arranged your data from how you wanted to without your permission.

    Since data represents information, we don't tend to think of our "dual bladed axe" as a bit stream, but it is. Anyone that alters that bitstream illegally has altered the "bit stream" which represents the "dual bladed axe" and should be penalized under law.

    Theft and vandalism occur with art. If someone were to say "the paint was just moved" on a painting, that wouldn't fly.

    Maybe this is just a ramble (I do like to do that) but we can't think of these "virtual" worlds as they are in the virtual world, unless we want to prosecute in terms of that virtual world. We have to think of what that virtual world means in the "real" world to prosecute in terms of the real world.

  89. As ridiculous as "Intellectual Property" by Copious1 · · Score: 2, Interesting

    Can/should virtual world "property" be treated as legal property?
    Lets look at "intellectual property". (almost an oxymoron in itself)
    To say that an idea could be treated as property has always amazed me.
    Property can be destroyed - an idea cannot.
    Property can be stolen - and idea cannot (although it can be copied)
    Upon transferal of property, the original owner loses possession - not so with an idea
    And so on.........
    Seem more likely that lawyers got together and realized that the only way for them to "sell" the absurd notion that an intangible "intellectual item" was "entitled" to legal rights and protection similar to real possessions, was to make those items seem "tangible" to the common public. And to that end, the term "Intelectual Property" seems to have been born.

    But I digress...
    Seems like virtual world property might actually be more "tangible" than "intellectual property".
    Virtual world "property" exists (albeit in a virtual world), and its existence is governed by the programming/rules of that virtual world.
    As such, that "property" (in the context of that virtual world) can:
    Be stolen
    Be destroyed
    Be transferred (whereby the previous owner loses possession)
    And so on...
    (provided that the programming/rules permit these things).

    And as such, it makes the prospect of virtual world "property" being treated as legal property even less ridiculous than "Intellectual Property"

  90. RTS mul;tiplayer = expensive now by Anonymous Coward · · Score: 0

    When I play Warcraft3, C&C:Generals, or Homeworld 2, does this mean I'll have to pay a lawyer to defend myself for winning when I destroy "the other player's virtual fleet/army"?

    Watch out all you online RTSers, if you win you'll be sued, so when you see me online, make sure you let me win!

  91. Are you related to Jack Valenti? by Alzheimers · · Score: 1

    The fallacy of your argument lies in your perception of the "Trivial" incrementation. Work done on physical objects is work that is measurable in terms of the Physical Value (cost of materials) plus the Perceived Value (cost a customer is willing to spend on it). Work done on Virutal Objects (something with no material state), can only be measured in terms of the Perceived Value of such a creation. Thus the argument does not give a 1:1 correlation between "Book" and "Virtual Book" even though the language definition seems to compare just the content.

    The perceived value of the "Book" consists of the value of the materials(flat wood pulp covered in ink) combined with the perceived value of the ideas translated on those pages into text. The value of the "Virtual Book" however, corresponds to just those ideas. What value is perceived in the work of creating that "Virtual Book"? None -- the act of creating the content generates no value of it's own, as there was no physical representation there is no physical value. The only value your "Virtual Book" contains is that which the purchaser feels your ideas merit. Therefore, the value of any virtual item must be considered as the perceived value of the representation *only*. As there are no ways to acurately compute what the value of a virtually represented idea (ie, you cannot compute the value difference of a Mozart Symphony bitstream vs. that of a Britney Spears song) we must rely on "Intellectual Property" laws to force a value to be assigned to each.

    The point is, there is no way to assign a definate physical value to a virtual idea short of a fake legal enforcement of such. Just because you did something, the universe does not owe you anything for doing it.

    1. Re:Are you related to Jack Valenti? by eric256 · · Score: 1

      Just because you don't know what the value of a production is (virtual or not) does not mean it has no value. Some books are not worth the paper they are written on, specificaly because the paper is usless unless you need a fire.

      Argueing that because things have no material value that then they are worthless is ridiculus. You do not buy a house for its wood you buy it for its style and utility. If it has a use to anyone then it has a value.

      BTW: The whole idea of laws in a virtual world is absurd at best. How do you impose such laws, who makes them? At very least you then need a virtual government and a virtual election, virtual constiuents, or at least a virtual tyrant to make decisions. NO current government has any business in the virtual realm.

      I would consider the virtual realm more a book as its being written, there are no laws or rules except those imposed by the authors.

    2. Re:Are you related to Jack Valenti? by Qzukk · · Score: 1

      Work done on Virutal Objects (something with no material state), can only be measured in terms of the Perceived Value of such a creation. Thus the argument does not give a 1:1 correlation between "Book" and "Virtual Book" even though the language definition seems to compare just the content.

      I argue that the Cost of Materials of the virtual house is the cost of the time invested in obtaining it, plus the associated costs of playing the game for that time.

      The values of any object need not be financial. Possession of X may grant powers or priveleges or esteem from peers.

      So, now... if you desired Object X, which you estimate will take 20 hours of game time to obtain, and you value your time at $20/hour, and someone is willing to sell you Object X for $100, what do you do?

      Depending on how much you value your game experience (maybe you value your game time at $20 an hour as well!) and the nature of Object X (maybe everyone gets it automatically after 20 hours?) you buy Object X because this is cheaper than actually spending several days looking for it. This doesn't make you mentally ill like some here have suggested, it makes you logical and is an economically sound decision.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  92. You pay for what you get by rhombic · · Score: 1

    Would a good next job be one of those extra perks and bonuses that are gone? Not that your boss would have to give you a bad recomendation and risk you going after him. He just has to say something like "Archfeld was an excellent worker. He requested and was assigned 40 hours of work a week, and chose not to work overtime". All completely true and legal, you can't go after him for slandering you. But if I was ref checking on a potential hire and was told that, I'd wouldn't give you a second glance. I'd assume that you were there for your 40 and no more, and I can do a lot better than that in this job climate.

    --
    1984 was supposed to be a warning, not an instruction manual.
    1. Re:You pay for what you get by Archfeld · · Score: 1

      I accomplish in 30 hours what most folks, not a shot at you or anything, do in 40. My resume is excellent but you do make good points. I did not request 40 hours a week I was TOLD by the company NOT TO EXCEED 40 because of the recent law changes and a lawsuit. They FARKED us out of large sums over the last 2 years, I received 15k in settlement. In this climate you can do better than one who manages to keep his job in a field where 5 of 10 have been fired ? I am SUN certified, RH certified, I've been VM/MVS, SNA support, a CICS/DB2 operator, a Teradata admin, Logical router config on Cisco and DECNET, and I've even some lousy papers from M$, and while I don't usually advertise it I am M$ exchange cert'd too. I've been offered jobs at least once a month for the last 2 years but stay where I am at because of the LOCATION, like 5 mins from where I live. As for a reference our company policy allows the manager to say ONLY, they do, or did work here and ARE rehireable or NOT REHIREABLE so I've little to worry there.

      TGIF, cheers and have a good weekend all :)

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
  93. Not Even Close by virg_mattes · · Score: 1

    > By your logic, I guess its OK if I run a big magnet over your hard drive and erase it. After all - the drive is still there, same as the chess pieces you knocked over. I just rearranged the electrical charge of the platters.

    There's a level of liability involved in the latter that does not extend from the former. The concept is financial loss. While it would be very difficult for me to show real financial loss at the ruining of my chess position, it is relatively easy to prove financial loss (in terms of actual data loss or recovery time/expense) for the ruining of my electron position. Therefore, while the same criminal lack-of-prosecution exists, I could easily charge you in a civil court for remuneration for wrecking my hard drive.

    The reason this level of liability does not itself extend to an in-game persona is simply that the TOS for every game in existence specifically releases the company from said liability, so I sign away my right to financial recourse in the event of loss.

    Virg

  94. Inalienable Rights by EvilSporkMan · · Score: 1

    Ok, so these laws deal with interfering with the operation of a game by taking actions that disturb the game world itself without going through the set mechanics of the game. Well, "pursuit of happiness" is supposedly an inalienable right in this country (U.S), and if people enjoy building houses and selling them to people (capitalism says I can sell what I want to if people will pay for it) and someone interferes with this process in a way that is NOT an accepted risk/part of the process, then they are clearly interfering with the right to pursuit of happiness, so legal action is justified.

    --
    -insert a witty something-
  95. Re: Worthless Sim-Houses by BC+Guy · · Score: 1
    It's worth nothing because you didn't "invest" any time in it, and you didn't "invest" any money in it. You _SPENT_ time on it. It's just the marker peices of a game. You didn't "earn" the house. You _WON_ it, in the game. If I use an in-game exploit, then you _LOST_ it, in the game.

    Putting value on your Elf or your Sim-house is kind of like trying to put value on your place in line. Sure, some people will eagerly buy your spot (and the rest of us will call that a soft-cheat), but say you sit overnight waiting to buy tickets to a show and some guy (or girl - especially if she's got a cool vest ) comes along and kicks your ass, takes your place, and you don't get to buy tickets. You can sue for assault, but you're not going to get very far suing for compensation on the time you "invested" waiting in line or for the tickets the sob "stole" from you.

    Our legal system is founded (rightly so, I think) on two concepts - ownership of property, and the contract. In-game exploits don't change either your contract status or your property ownership. If you get screwed repeatedly you might be able to go after the game company for failure to deliver the gaming environment you paid for, but that's it.

  96. The Subjective Theory of Value... by Obscure+Economist · · Score: 1

    is accepted by 99 percent of the economics profession as the right way to talk about the importance of goods and services. It holds that items have value to the extent that individuals, interacting in markets, give them value. It is the answer to the diamond-water paradox: diamonds are useless and expensive, water is precious and cheap. Because value comes from the people, not the objects, diamonds really are more valuable than water. Therefore, Shadowbane assets have real value. It's not just a game. I recommend the Lastowka and Hunter paper. For the specific economic numbers, search 'castronova' at www.ssrn.com. Cheers, Edward Castronova

  97. Timeshare condos by Doc+Hopper · · Score: 1

    I own "shares" in a timeshare-like service (WorldMark the Club). I paid $6000 for enough shares to cover one really nice, week-long vacation every year, plus we have the advantage of staying at any club on short notice if we use a thing called "Bonus Time", at an extremely reasonable per-night rate. I also pay another $80 or so every quearter to as my share for them to maintain the facilities we enjoy.

    Now, do I own anything? Well, I own shares in Worldmark. They aren't stock shares, but I can sell them, trade them, give them away, or default on them and not be able to use the benefits they convey if I fail to pay my quarterly fees. Assuredly, this is an asset. When we pay our taxes, we list the interest as interest on our second home.

    Now, I don't have anything I can point to and say "I own that", except in the larger sense like I can point to a government building and say "I own that". I own a slice of time, at a location of my choosing.

    If Worldmark went out of business, I could probably lose the benefits of membership as their assets are raffled off. I vote for management that I hope will not bring this to pass.

    How is this so different from The Sims online, DAoC, Everquest, or Ultima Online? Really, the only difference is that I have some voting control over this service, where I have none in those games. Otherwise, yeah, the rug can be pulled out from under you at any time, but real life is like that too. I pay Worldmark so that I can spend time at the facilities I partly-own, and I pay other companies to maintain my characters in virtual worlds. I think eventually some smart company willwise up to this scenario and run online gaming more like time-share condos; set up a non-profit, owner-run maintenance company (like WorldMark), and a for-profit sales company (like TrendWest, their marketer) that drives further growth of the service through new sales. That could be both extremely profitable, and safely stable for the gamers since even if the marketer goes away, the non-profit maintenance corporation doesn't.

    My 2 cents.

    1. Re:Timeshare condos by realdpk · · Score: 1

      I would be willing to bet you have a contract with WorldMark stating that you own a timeshare with them. TSO, DAoC, EQ, UO, etc, all have agreements stating that they own everything on their network. They're not really maintaining your property like WorldMark is - they're maintaining their property which you have limited access to.

      However, having an online world where you can actually really own the virtual property does have the potential to be very interesting and profitable, I agree.

  98. Mindark believes differently...Project Entropia by solopido · · Score: 1

    That's probably true for the Sims or whatever from the developers perspective but not from the gamers themselves.

    There is a company called Mindark that made a game called Project Entropia in which game items have real dollar value. There is even currency in the game which is something like 10 PED = 1 US Dollar. They don't charge for the client or bandwidth, they are hoping that players will pay real money to buy the better equipment in the game.
    http://www.project-entropia.com/default.asp

    I don't know if this will be successful or not but this does raise many questions on ownership of virtual items since the company designed the game this way. If I bought a set of weapons in the game do I actually own them or in reality does the company still own them?

    1. Re:Mindark believes differently...Project Entropia by Melchior_of_wg · · Score: 1

      Well, it's so-so successful. It's been publically available for about a year, but there has been quite a lot of messups, and us players aren't really very positive, even though it's not a sinking ship situation yet. How it's done here is that the company, MindArk, guarantees the user/buyer directly, that the items/money will in fact be counted as real items, for all that it matters. It's still virtual items, but once you put money in, they are liable for that money. If you trade items to someone else, it will become their money. This is the total oposite of what other game companies does. Most of the time it's "You don't own it, so we have no responsibility for it", here it's more like "You paid for it, you 'own' it, and we'll make sure it's treated as real value." Now, this comes with a lot of troubles, but they are mostly related to bugs. They haven't been able to reimburse everyone who has lost items (and thus money) due to bugs, even if they have promised to. There is a suprisingly small amount of ownership-related problem, really.

  99. Re:Relation of time / real world currency to gamin by ahem · · Score: 1
    regarding:

    The premise that investing time and effort into something, even virtual, makes it valuable?? seems ridiculous to me when the end result of such efforts is (realistically) changes in 0's to 1's and vice versa on a remote computer system. It seems like the author is taking the psychological effect of these games as having some sort of value. Who should really care if someone becomes emotionally invested in what really isn't more than a series of pixels on a screen.

    As a quick counter-example, what about broadcast television? It has an enormous value solely due to the labor spent on producing it, and all it is is a series of 1's and 0's flashing by on a screen.

    The investment of time is the ultimate way to add value. Even when you're working on widgets and selling them, it's reasonable from an economic point of view to base value on the amount of time invested. Whether it was time spent gathering raw materials, shaping them, packaging them or shipping them, it's all about the human effort and time required to accomplish the task.

    Next, you get into the concept of utility. You invest time in a product and create a certain amount of value. The value to you is worth at least as much as the utility of the time you could have spent doing something else. You set your price accordingly to include a little profit. Now, someone else comes up and has a certain utility value for your widget which is equal to the value of their time that would be spent creating that widget themselves. If their utility is greater than the price you've set, they buy your widget. They gain because they've gotten more utility for a lower price, and you gain because you've gotten a bigger price than the utility of the time you spent producing.

    Even though it looks zero-sum, it's actually a win-win.

    This also works when playing poker, it's just that there are no price tags on the hands (ie. hidden information).

    --
    Not A Sig
  100. nitpick... by benjamindees · · Score: 1
    Because we and most of the world is not on the gold standard, currency values fluctuate

    Even the value of gold fluctuates. I find it interesting that services like e-gold have "alchemy" clauses in their user agreements:

    4.8. The Fusion Codicil

    Issuer reserves the right to stop issuing additional e-gold by ceasing to accept bailment of additional bullion. This extraordinary provision will be triggered only in the event that lower cost or more efficient physical methods of extraction or transmuting the metals that comprise the reserves of the e-gold system result in subsequent non-scarcity of those elements.

    I would tend to agree with your assertion, that unless users are specifically denied the right to transfer ownership of their virtual property, then why not? But that doesn't address the reality that the virtual objects exist at the whim of the operator of the virtual world.

    This is not like a governmental entity that merely interjects itself between the affairs of an already existing economy. The operator of the virtual world *is* the creator of it, and is able to control or alter the value, nay the existence even, of anything within. How can users claim the right to prevent him/her from doing so unless the terms of the virtual world are pre-arranged and the rights of property are granted by the operator?

    --
    "I assumed blithely that there were no elves out there in the darkness"
    1. Re:nitpick... by Musashi+Miyamoto · · Score: 1

      Actually, the only reason that the value of gold fluctuates is because we are off the gold standard... Before we left the gold standard, the value of gold (or the dollar, depending on how you look at it) was $33 per ounce.

      I see your point... How can you claim something as yours that is entirely under the control of someone else? Plus, its existence is entirely dependant on the maintenance by the operator.

      So unless the operator were to be legally required to keep the system up, all virtual objects within the system are the property of the operator. I guess then, yes, much like the government, the rights of property are granted by the operator.

      Makes sense. Its much like a government and real estate... We need to pay taxes on property... but how is that different than renting it from the government? Its not.

      So: In theory, you can consider the virtual world an entirely separate nation. In fact, if Everquest wanted to, they could print physical money tied to the virtual money in the virtual world. You could trade it in for virtual money or sell it for US dollars... The dollar value would fluctuate just like any foriegn currency. You could even perform arbitrage and make money off of the fluctuations. All the game maker needs to do is create a free market, where the money in the system is valued by the market, not with fixed prices for objects.

      Gary

    2. Re:nitpick... by maxpublic · · Score: 1

      The difference is very real, and quite fundamental: using your own logic, the only 'laws' that can apply to the virtual world are those instituted by the owners. And these laws, by their very nature, have no influence on the real world.

      I have no objection to MMORPG players instituting virtual governments, virtual money, virtual whatever - I don't care. I will, however, fight tooth and nail to make sure that real-world laws don't apply to virtual property, or virtual crime. To enact laws over what amounts to nothing more than a thought crime is a perversion of justice, by any measure.

      So your character 'steals' the imaginary Sword of +8 Kick-Ass from someone else - so what? If the owner of the system decides to do something about it, then that's his choice; if not, that is also his choice. The owner makes the rules; the owner is God. But under no circumstances should the player who suffered this virtual 'theft' be allowed to use real-world laws to punish the trangressions of the imaginary character controlled by a real world player.

      This should be obvious to anyone with even a minimal grip on reality. Using real-world legislation to control imaginary worlds with imaginary characters who might commit imaginary 'crimes' is just - plain - idiotic. The very idea is, I think, indicative of a mental sickness, the inability to recognize the difference between fantasy and reality.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    3. Re:nitpick... by benjamindees · · Score: 1
      I don't like to think that property rights are granted by the government, since property exists regardless of whether government does. I can't decide whether property taxes are justified by government services or are, as you say, nothing more than rent to the government. I tend to think that the communist premise of shared land ownership is well exemplified by our system of land taxation based on value.

      I think the separate nation analogy is apt, and that's in fact what I was thinking of. You can't really sue a foreigner in the US courts if you get swindled. Although, if you have especially influential friends, you can persuade the gov't to declare war on whomever has screwed you, a la Armand Hammer.

      Doesn't Everquest have it's own currency? Maybe Sony should think about instituting a sales tax :)

      --
      "I assumed blithely that there were no elves out there in the darkness"
    4. Re:nitpick... by Musashi+Miyamoto · · Score: 1

      By that logic, you do not let anyone "sell" a virtual property to someone in the real world and that all the sales on ebay of everquest items are void.

      So that if someone sells a Sword of +8 to someone else on ebay and then promptly shaft them by not delivering the sword, then they have no recourse, since the sword is entirely virtual.. It only exists on paper, or in this case in the computer.

      So, if Michael Jackson decided not to pay for the rights to the beatles songs (which also only exist on paper) he wouldn't have any recourse.

      Whether or not you agree with intellectual property rights, they do exist as property (for the length of the copyright or patent), and can be sold or traded.

  101. Re:HISTORY - Strength of Character by mo^ · · Score: 1

    Surely a lot of the "affect of VR actions in RL" debate is down to the flesh and blood person receving these responses...

    As a regular IRCer I belong to several "communities" populated by people from all walks of life.. Some with mental "problems".. others without.. Someone abusing me in IRC blows over me like an ill wind leaving little but a generally pissy feeling.. others i know have been driven to distress by words.

    Should any punishment be based on this distress? (ie The affect the VR actions have on RL) or on the action itself. Morphed into an RL situation... is the violent assault of a frail old lady necessarily worse than a like assault on a 23 year old quaterback?

    --
    bah!*@%!
  102. Former UO scammer by Alpha_Nerd · · Score: 1

    I used to scam people in UO all the time... Scams that involved exploits were generally bannable, however "social engineering" scams were legal(except for a about a year... but they never caught me =). They only worked on idiots and 11 year olds who's mommy just bought them it off ebay, but those types of people were plentiful.

    It's quite funny to sell somebody gold on ebay, and then two days later scam it from him. What's more funny is that sometimes they buy it from you again.

  103. Re:Relation of time / real world currency to gamin by bnenning · · Score: 1
    Even when you're working on widgets and selling them, it's reasonable from an economic point of view to base value on the amount of time invested.


    The value of an item is exactly what someone is willing to pay for it. If I produce something that turns out to be crap (in the opinion of potential buyers), it has a low value regardless of how much time I spent working on it.

    --
    How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  104. Re: online cheating by benjamindees · · Score: 1

    Speaking of online game cheats, I used to have a foolproof strategy: create multiple users. I had quite a few accounts on a local BBS that I would use to play "Bordello". I would use the extra accounts to do my dirty work, attacking other players and such. All of the profits from the spare accounts were transferred to my main character. I'm sure it made the game less fun, and I'm sure other people did it, but you almost had to in order to get anywhere.

    --
    "I assumed blithely that there were no elves out there in the darkness"
  105. This has to be one of the dumbest things I've read by Sycraft-fu · · Score: 1

    In additon to being overly verbose, and I think deliberatly difficult to read, you can't rape someone online. Rape is a legal definition and that definiton is engaging in sexual intercourse with another person by forcible compulsion. You just can't do that online, you can't have sex online.

    However, since some people argue that laws need to be adapted to cyberspace the real issue becomes the nature of rape and the critical factor being the lack of consent. A virtual world is something you can shut off at any time. If I am pissed at a game, I can simply kill its process and that is that. Or, supposing the game was overly agressive and took over my system, just unpower the computer. Instantly it is done. This isn't the Matrix, no jacking out is required. If the simulation bothers you, terminate it on the spot. It is the same as watching a distrubing movie or reading a distrubing book. Noone is forcing you to do it, and you can stop whenever you like.

    So something like this voodoo doll abuse is a matter for the laws of the virtual world. If a person doesnt' like it, they need to petition the powers that be to stop it. If the powers that be agree it should be stopped, it will be. All online games I've ever played, and espically all commercial ones are dictatiorships. However if they decide it is acceptable behaviour in their universe, and you do not agree with it, simply leave their universe. You never need to deal with it again, just terminate your session and be done with it.

    It is like when I played Everquest, I got in a situation repeatedly that was making me rather angry. The powers that be wouldn't do anything to help me. Well, the point of games is to have fun, and I am not having fun when I'm angry, so I logged off, terminated my account, and deleted the program. Done. I never had to put up with it any more. They can't force the game on me. I went about my bussiness and found other games to occupy my time.

    The problem is that people become too attached to games and aren't willing to break it off. Well that is their problem, not that of the game provider. You want to play the game? Fine, you play in their world by their rules. Don't like their rules? Don't play.

  106. Abandon Hope All Ye Who Enter Here by danila · · Score: 2, Insightful

    Disclaimer: I've only read the abstract and the older article on Shadowbane.

    I want to point out that there is a very important distinction between the real world and the virtual ones. The basic rules and assumptions differ. If you enter the virtual world, you abandon some of your rights. For example, in many online games you can be murdered or robbed by humans or AI agents. This means that you should not have any reasonable expectations of personal safety (or safety of your property) in the virtual world.

    Hence, unless you play a simulation of Legalotopia, you accept the possibility of being killed/robbed/raped/whatever in the virtual world. There might be some law enforcement inside the game, like cops, guards, gods, GMs, etc., but you should not expect outside protection of your life, property or reputation. Players are not responsible in reality for what they do inside a virtual world.

    Of course, if you hack a server, cheat, steal a password, break the agreement with the game company, etc., you can be held responsible for these action. But the punishment (if any) must not be related to the in-game results of your actions.

    I don't necessarily like being categorical, but this is the only possible and rational way to resolve these problems. Anything else is (at this stage) simply nonsense.

    --
    Future Wiki -- If you don't think about the future, you cannot have one.
  107. nutmeg by Graspee_Leemoor · · Score: 1

    It's nutmeg- just saving everyone else from having to download the whole thing just to find out.

    graspee

  108. Ideas are not patentable by garyebickford · · Score: 1

    Mickey Mouse (TM Disney) is a fictional character (trademarked), and the renditions are copyrighted. The idea of a cartoon mouse is not subject to copyright, patent of trademark. So, while you're right (IMHO, IANAL) about virtual characters (your particular design is yours), you're playing fast and loose with the legal theory.

    What you patent is a method, not an idea. Ideas are not patentable. That is a key component of patent law. Similarly with copyright and trademark law. It's a very important distinction that goes to the heart of the reason these laws were established, to encourage the dissemination of both ideas and means. The idea is free from the 'getgo', and the implementation/method/rendition will become free eventually.

    See also Stallman, The Definition of Free Software, which has an interesting parallelism to this!. In my own career, originally software was unpatentable, because it was composed of algorithms, which are mathematical constructs, which are proprerties of the universe that are discovered, not invented.

    Also, though I don't have numbers at hand, I believe that the vast majority of patents are owned by companies - one or more actual people have to the inventors, but in most cases the patents are immediately signed over to their employers pursuant to employment agreements. After that, many are sold or transferred.

    Finally, I would think that your ownership depends strongly on the contract you agreed to when you joined the game. If the game contract says the game host (or whomever) retains all rights, you're out of luck. Again, IANAL...

    --
    It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    1. Re:Ideas are not patentable by itchyfidget · · Score: 1

      Thanks - interesting - I appreciate the clarification even if YANAL ;-)

      And yeah, if the contract says it's all theirs, you are out of luck. I don't play online RPGs so this was more of an academic argument for me, but since some people seem to take it very seriously indeed I guess it matters a whole lot to them ...

      --
      Mod early, mod often.
  109. shunning human contact.... by mandalayx · · Score: 1

    Just try to avoid crawling into your basement and shunning human contact for days at a time.

    I'll let you know how it goes when I get back to college next semester.

  110. does your virtual world have value? by mandalayx · · Score: 1

    If I wallhacked my way into being #1 on your CS server stats, would it have value?