Bartle Addresses Pitfalls Of Virtual Property

Posted by simoniker on Thursday July 1, 2004 @11:58AM from the that-darn-property-market dept.

Thanks to GameSpot for its 'Spot On' feature discussing some of the problems inherent in today's MMORPG property-owning systems. It references a paper [PDF link] written by original MUD co-creator Richard Bartle, which "addresses some of the trickier, if not darker, sides of virtual-property ownership." The basic premise of the argument is that "increase in commodification, gamers and the industry... are fast moving toward a breaking point that will likely involve the real-world legal system to sort out the conflicts", citing recent Chinese lawsuits about the loss of virtual items. Bartle concludes, gloomily: "Professors at Yale and Harvard looking into cyber-law, as they call it, are prepared. Unfortunately, they aren't the people who will be approached. The people who will be approached will be the judge... someplace that's never heard of virtual worlds. Working with the unknown, while perhaps exciting for those who enjoy gambling, is nevertheless on the whole bad for business."

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Re:IANAL , but I would believe .... by Romothecus · 2004-07-01 13:09 · Score: 5, Interesting

That is an incredibly over-simplified analysis of the situation. The fact is that the basic premise of property ownership rights (which are supposed endowed by the Creator according to American legal thought, or, in other words, inalienable) is that you are entitled to that which you acquire or create throw your own effort ("sweat of the brow," or, in this case, the mouse finger.) Some would argue that you are merely manipulating 1's and 0's on the server, which the game company clearly owns or pays for. However, it seems equally clear that you are responsible for the unique configuration of 1's and 0's which you arranged through your gameplay. You can no more "disclaim" your right to own property than you can "disclaim" your right to be alive. Of course the EULA is an all-encompasing document, since it's akin to the corporation's opening position on the issue - their opening position in any kind of legal negotiation. They will, of course, take the strongest position possible. This does not mean that it is air-tight.