Digital Property Law [was RE: [MUD-Dev] Selling training]

[Tess Lowe]

John Buehler wrote:

> how about the view that these games are really just games and that
> in the end nobody but a tiny percentage of the population will take
> them seriously enough to consider the virtual 'lives' and virtual
> 'property' as anything approaching real.

> Take a step back.  Game publishers provide a service where players
> get to entertain themselves.  End of story.

I think this is an important distinction to make. I.e. when players
purchase virtual skills and items from a game company, they are not
buying *property*, they are buying a *service*, albeit a potentially
superior service to other players.

The complexity as I see it comes from the fact that the player may be
paying a large one-off fee for a service they expect to go on as long
as *they* want it to. If a player pays $500 today for a virtual
ubersword and the MUD closes tomorrow, the purchaser might feel a
little aggrieved that they werent getting what was advertised.

Now I've seen plenty of EULA's that say things like, 'If our service
ends for reasons beyond our control, then tough luck.' But are service
operators also allowed to put in clauses like, "We can end our service
(ie close our MUD or take back your ubersword - or change its
properties) whenever we want, with no refunds." ?

I guess they probably can, if players are willing to accept those
terms.

(Of course these issues aren't so stark if players are paying for
service on a periodic basis, eg monthly. The company can stop the
service and stop taking the money.)

The closest analogy I can think of in other industries is probably
someone who pays a large amount of money upfront for a life membership
of some sort of club, which may then vanish tomorrow. I'm sure those
sorts of industries are well-versed in the small print required to be
able to offer those sorts of deals without making themselves legally
vulnerable. In other words, it would seem to me that there is nothing
legally 'new' here. If you get the service you paid for, according to
the terms and conditions, then fine. If you feel you didnt, or if the
terms and conditions are ambiguous, then it'll end up in the courts.

~Tess

_______________________________________________
MUD-Dev mailing list
MUD-Dev at kanga.nu
https://www.kanga.nu/lists/listinfo/mud-dev