Making the Case That Virtual Property Is a Bad Idea

pacergh writes "Many legal commentaries on virtual property argue that it should exist. Others argue why it can exist. None seem to explicitly spell out what virtual property will look like or how it will affect online worlds. Lost in the technology love-fest are the problems virtual property might bring. The Virtual Property Problem lays out a model for what virtual property might look like and then applies it to various scenarios. This highlights the problems of carving virtual property out of a game developer's rights in his creation. From the abstract: '"Virtual property" is a solution looking for a problem.' The article explains the 'failure of property rights to benefit the users, developers, and virtual resources of virtual worlds.'"

Comments

It's Already Legally Governed, Drop It

[eldavojohn]

Whether or not you 'own' anything in a game or on a server is already defined on a per game or site basis. Slashdot says I own my comments. Star Wars Galaxies' Terms of Service says Sony owns my items and characters. I have an account but I don't 'own' the virtual things that Sony puts in the game.

The paper starts out with two real world analogies:

Imagine owning Fenway Park. You sell tickets to Red Sox games. These tickets allocate seats in Fenway to individual spectators. Some of these tickets are sold by the entire season â" guaranteeing the same seat to the buyer for each game of the season.
Season ticket holders are able to renew their purchase each year. Some have done so for years and years and years. Others have had their tickets passed down amongst family members. The tickets once owned by a grandfather are now owned by the grandson.
These season ticket holders have put tremendous time and money into being able to sit in these same seats each year for each game. Should these fans be granted a property right in their seats?

If the people who sold them to you signed a contract saying you were building some sort of equity by buying those seats year after year, then you have that. That's not the case and they could probably drop your right to them for next year when they decide to resell everything in a lottery or auction. Tough luck for you if they get greedy. If you don't like it, stop buying Fenway Park tickets. Americans love to have a sense of undeserved entitlement and this is no different. Next analogy:

Now imagine living near a city park. You and a number of residents have taken it upon yourselves to help beautify the park. You plant grass, replenish flower gardens, and repair jungle gyms. The park is now a jewel in your city because of your effort.
The city, however, has decided to sell the land to a property developer. Despite your wishes, and the wishes of your friends who helped beautify the park, there is nothing you can do to stop the sale. Should you have a property right in the park you spent so much time restoring?

Again, you don't have anything in writing so you're out of luck. If you didn't realize what you were doing to begin with, you're a moron. You didn't own the park in the first place and sprucing it up doesn't give you any ownership of it. Cleaning my neighbor's yard doesn't entitle me to it; cleaning public property doesn't entitle you to it. Get a petition or run for election to change things. You don't own it because you cleaned it. Unfortunate how things played out but there it is.

In World of Warcraft, I feel I 'own' Ampere on Thunderlord server but Blizzard's Terms of Use sets me straight:

Ownership. All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Game Client, transcripts of the chat rooms, character profile information, recordings of games played using the Game Client, and the Game Client and server software) are owned by Blizzard or its licensors. The Game and the Service are protected by United States and international laws, and may contain certain licensed materials in which Blizzard's licensors may enforce their rights in the event of any violation of this Agreement.

(emphasis mine) I know I feel the right to him but Blizzard owns it. This has always been laid out for me and this paper is pointless in arguing for virtual property rights or against them. If you own them, they will say (like Slashdot). If you don't own them and you want to, find another game or site. I don't understand how the paper men