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Is Online Property Real? Lawyer Says Sort-Of
Bob the Super Hamste writes "The St. Paul Pioneer Press is reporting on an analysis by lawyer Justin Kwong in the William Mitchell Law Review about virtual property and ownership. Justin Kwong asserts that virtual items are not real items (PDF) and that you do not own them but only have a license. The analysis stems from a 2008 case of a Blaine, MN man who filed a police report for the online theft of approximately $3800 of virtual goods. Justin Kwong compares virtual items to a mug club at a bar where patrons purchase rights to a specific numbered mug but cannot remove the mug from the premises. He does note that if in game items are purchased there needs to be clear language stating: 'the transaction is a license, not a sale, and that traditional consumer protections afforded by sales of goods do not necessarily apply.'"
Justin Kwong also made a weblog entry responding to misconceptions expressed in comments on the St. Paul Pioneer Press article.
Participating in an online came could be taken as an agreement to abide by the rules of that game, including those governing means of taking one's property. In which case it could only be counted as robbery by any stretch if a person used means outside of the game rules - ie, cheating. Plenty of ways to do that, from credential-theft to DoSing the opposing players in PvP. Fraud perhaps as well, but only if it takes place outside of the accepted rules of the game - there are some games (EVE is famous for it) where dodgy dealing is part of the appeal, and in-character con artist considered a perfectly legitimate career choice and endorsed by the game operators.
All the money I have in the bank and my 401K ... is ... well, ... "virtual".
Research shows that 67% of those who use the term "research shows", are just making shit up.
Actually you are correct. Because Land is actually not owned by you but by your government. your DEED is not to the land but a use of that land.
Your local city/county/state/country holds true ownership of your land.
Do not look at laser with remaining good eye.
If I shoot you with a paintball gun to distract you while you're trying to steal a base, is that a criminal matter, or a civil matter, or a gameplay matter?
Why would those be mutually exclusive? If I break your leg in a way totally unrelated to the game I'd expect criminal assault charges, a civil tort and an immediate expulsion from the game.
Live today, because you never know what tomorrow brings
The same way you do in a real world sport, every game would have its own boundaries based on the rules, normal behavior and context. If you enter a boxing tournament there's different rules from a football or golf tournament. Obviously if burglary or being a pickpocket is part of the game, then stealing your shit is fair game. Hacking your account is clearly not part of the game and illegal. Fraud, well there is no crystal clear line of fraud but there isn't one in the real world either. And yet the world managed to work it out fine before the Internet.
Live today, because you never know what tomorrow brings