On MMOs, EULAs, Other Legal Shenanigans

Garthilk writes "In an interesting Q&A over at Okratas.com, they pose some questions for MMO-related lawyer Don Shelkey. Don is a lawyer with Buchanan Ingersoll PC, one of the largest 110 law firms in the nation, who represent many videogame developers on legal matters. Don explains what exactly Technology Transactions are, how EULAs protect the developers, virtual property law and a little about his work with Sigil Games regarding Vanguard: Saga of Heroes." Shelkey, himself a rabid online gamer, argues of MMOs: "EULAs [End User License Agreements attached when you buy a game] are enforceable contracts and there is nothing to indicate that a clause prohibiting the sale of online goods wouldn't be enforced. So, courts should enforce the EULA in the company's favor based on a breach of contract if the company were to proceed to trial on the matter."

Comments

Note...

[Sheetrock]

Don is a lawyer with Buchanan Ingersoll PC, one of the largest 110 law firms in the nation, who represent many videogame developers on legal matters.

Which should tell you all you need to know about why this guy strongly believes in the power of EULAs: he's paid to.

Whether or not they are technically enforceable is mostly irrelevant, because when a company brings out the lawyers most people choose to cave in rather than deal with the 5+ digit lawsuit costs and associated headaches. So maybe they can be considered enforceable by the fact few can put up a defense (enforceability by fiat?)

(I am not a lawyer; this is not intended as advice in any way, shape, or form)