Dutch Supreme Court Sees Game Objects As Goods
thrill12 writes "The Dutch Supreme Court ruled on January 31st that the taking away of possessions in the game Runescape from a 13-year-old boy, who was threatened with a (real) knife, was in fact theft because the possessions could be seen as actual goods. The highest court explained this not by arguing it was software that was copied, but by stating that the game data were real goods acquired through 'effort and time investment,' and 'the principal had the actual and exclusive dominion of the goods' — up until the moment the other guy took them away, that is."
They left out an important fact in the summary... he didn't lose the things under the rules of the game, he lost them because the suspect threatened him with a knife. This puts it in the same category as "give me your password or else" threats. Maybe robbery might be the wrong charge to give him, but there's got to be something illegal about gaining game objects by real-world threats.
If I purchase a song on iTunes, that's a "good."
If I share said song with all of my friends, that's apparently theft according to the RIAA/MPAA.
Why would it be any different than an abstract file/data purchased/acquired in a game?
OK, what happens when a game company decides to shut down their MMO server and remove all your objects of "value"?
So when Amie Street was sold to Amazon and I lost my song collection, it was theft. I just feel sorry that it would be too expensive to sue a US company for a non US citizen.
I've invested loads of 'effort and time (and) investment,' in loads of stuff that got me no where. I wish I was Dutch. At least the courts would be on my side.
"What Are They Gonna Do When Were All Using Freenet"
So if the courts have not classified these as objects, could they now not be TAXed since everything as an object is taxable :)
Farmville called, they said something-something patent lawyer.
The knife threat and kicking were obviously a form of assault/ bodily harm and should have easily swamped in terms of sentencing any charges for a very minor act of theft.
I am very surprised that the Supreme Court simply didn't say that the issue of whether virtual items are real property or not was moot in view of the more serious offences committed by the defendants.
Donte Alistair Anderson Roberts - hi son!
Karma: Chameleon
People find value in the configuration of electrons in any given medium valuable for different reasons.
Money is created electronicly by central banks. No real "printing" only virtual. If you threatened somebody with a knife at their throat and forced them to electronicly transfer $10,000 it's the same thing.
As messed up as Reddit already is, can you imagine what that place would be like if they allowed users to transfer karma from one person to another? No need to make it do anything, just allow it to flow. The site would implode in a week.
Jail time for ninjas?
Import tariffs for overseas gold farmers?
Sales tax on the WoW auction house?
Income tax on raid loot?
Check your premises.
The US uses Common Law, that's a very different system from the Civil Law (Roman) system used in most European countries (with the exception of the UK and Ireland).
Precedents don't have the same value in other legal systems, or rather they don't have to. You can't apply American law to European courts :)
The crux of the argument IMHO is whether or not the person from whom the data was taken still had access to the data after the fact. Data is tricky because it can be both taken or copied depending on who has control over the data. In a game, data can be stolen from one individual because he has no access to the data after the fact stemming from the fact that the game creator likely has control of the data on their servers.
It guess it could be best viewed as, if somone electronically transfers funds from your bank account, it would be considered theft. No physical property was taken, but at the same time you lost access to your 'wealth'.
You own your download/cd/record that doesnt give you rights to reproduce it except for backup/archival purposes.
Sheldon would be very happy with this ruling.
Take what ye can. Give nothing back!
Given that jagex have always stated that in-game objects are theirs, and can't be (eg) sold outside the game, I wonder if having a court ruling to the contrary will (again for example) make disabling accounts for real-world trading "theft" by jagex?
-=DaveHowe=-
You don't seem to understand my point, this is not about sovereignty, the reason you can't apply American law to European courts is because the systems are vastly different. It's like using Imperial measurements in a Metric country, or even better like speaking Russian in China.
For example the Common Law principle of caveat emptor, "buyer beware", does not work the same in most European systems, where there are other balances, duties and rights for both seller and buyer. The equations are different, therefore different results.
Laws and their interpretations are not formed in a vacuum, international sources are considered, but not applied directly in most countries. They can function as guidance or useful examples. After all the UK is the original source of your legal system, laws, methods, rights and oldest precedents. You don't seem to mind those? Never mind the international treaties and conventions on trade and standardization.
Now, who's pushing that ACTA set of laws on Europe?
Glad I'm not there. :) If I were, and anything done representing an expenditure of time and effort is suddenly considered to have value, regardless of the motivation for doing it... I would owe my ex-wife for all the sex we had... especially since it turned out she was a whore... gosh I'd owe her a fortune!
The Law of Unintended Consequences suggests that court may have to revisit this nonsense, because what they just did was make anything done for any motivation potentially lucrative. Meaning there could be not only income tax on game winning, loot, trades resulting in more value for one party than another... but what about all the assaults, batteries, and murders that take place in cyberspace? Can you imagine...
"So you have like, a level 56 Paladin?"
"Yeah, and a Sword of Mygar, it's pretty sweet!"
"How many experience points does he have?"
"Here, look... 56,012, 278 E.P."
"Do you know what the average number of E.P. you get for each kill?"
"I think about 25."
(56012278 over 25 is 2240491.12 ) "Okay, you're under arrest. Place your hands on your head. You have the right to remain silent..."
"What?!? Let go of me! What did I do?!? Seriously!"
"You're going to be charged with 2240491.12 counts of murder... all the goblins, orcs, flying killer whatchamacallits you killed... you're going to burn, pal... we'll probably just round it to 2240490, though. Makes the paperwork easier."
Yeah, something like that.
How soon can we see the first WoW murder trial?
I was killed recently without any cause and can't wait to get back at the bastard. And preferably get his house for it.
It is a reasonable position for the court to take, but I don't think it's completely correct.
The difference between this and your bank account is that this is an unregulated account directly controlled by a company that the victim has a direct contract with. A bank account is not controlled to the same extent; a bank cannot just increase the numbers in the account without decreasing another or getting into a lot of trouble.
It is reasonable for the court to take measures to get this transfer reverted or corrected. Whereas a bank transfer is likely to have been converted into physical cash and so be very difficult to reverse.
It all comes down to real world consequences. Does the victim have a reasonable chance of recovering the objects of value that were given to the attacker. If the objects had no value (eg: they can be recreated or recovered on demand) it becomes an attempted robbery or just threats/assault. If the objects have value, (eg: acquired through 'effort and time investment,') but the victim can obviously get the things back it's a really dumb attempted robbery. Only if the attacker takes something of value away is it a robbery.
So in this case we have a foreign company in an industry that's notoriously unresponsive, so yes it looks like something of value that they couldn't get back and I too think a full robbery charge may well be justified in this case. But definitely not in general.
I'm not supposing this stuff idly as a great what if. People are buying and selling these goods for real money (which is valued at what people value it at too), and when they are actually robbed in a way unassociated with game dynamics they seek restitution if the police won't help them they will help themselves. People have died over the theft of virtual goods. That people spend cash, sweat, and blood in the market necessarily says it's a real market. Shrugging your shoulders because it's hard and forcing it into realms of black markets because people are valuing bits in a computer, is not going to help things.
It is no longer uncommon to be uncommon.
Most MMORPGs - like Runescape, in TFA - aren't bought, people subscribe to them. If the company killed their servers and released the source, and "the community" started a donation based server, why wouldn't people just pay them instead?
As an example, my brother plays one of those oriental themed MMORPGs and there are numerous unofficial servers (effectively run by "the community") financially supported by the players.
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