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22329: RE: [MUD-Dev] BlackSnow sues Mythic for online property rights
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From: "Dave Shepherd" <dshepherd@mcl-birmingham.com>
Newsgroups: nu.kanga.list.mud-dev
Date: Wed, 13 Feb 2002 15:11:32 -0000
References: [1]
Organization: Kanga.Nu
Rudy Fink wrote:
> Well constructed EULAs should effectively limit liability. The
> user is purchasing a service and that service is provided under
> the stated terms.
> I have felt a legal challenge to this coming for a while. Users
> invest a huge amount of time and in some cases personality in
> their online characters. Under most commercial EULAs users have
> no rights to anything related to their avatars. Regardless of the
> contract they recognized many feel it is their property and/or
> identity. The loss of 0 - 4000 + hrs of time does not come easily
> for some.
> I would be quite surprised if ME looses. In the long run I would
> expect growing rights for avatars from legal or market forces.
The EULA is just a statement of intent from the seller. It still
takes a c= ourt of law to determine the legality of it, and this is
done with cases su= ch as these. I would also be surprised if ME
loses, yet by designing a gam= e in a style that is known to have an
out-of-world economy they should not = be surprised to have lawsuits
brought against them. Either embrace an out-= of-world economy a la
Achaea or remove the perceived value of items and cha= racters by
getting rid of loot and the levelling treadmill.
Let's see what Tweety thinks of EULAs
http://www.bowlofmice.com/tweety/some_thoughts_on_the_eula.html
Regards,
Dave Shepherd
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