March 2001
- MERA '01 registration is now open J C Lawrence
- Link to Virtual Reality Transport Protocol Frank Crowell
- Cyberspace in the 21at century-- (long) Frank Crowell
- Cyberspace in the 21at century-- (long) Eric Rhea
- Cyberspace in the 21at century-- (long) Frank Crowell
- Cyberspace in the 21at century-- (long) Kwon Ekstrom
- Selling training the_logos@www.achaea.com
- Selling training Frank Crowell
- Selling training the_logos@www.achaea.com
- Selling training Daniel.Harman@barclayscapital.com
- Selling training the_logos@www.achaea.com
- Selling training Daniel.Harman@barclayscapital.com
- Selling training John Buehler
- Selling training Matt Mihaly
- Selling training Matt Mihaly
- Selling training Madman Across the Water
- Selling training Matt Mihaly
- Question about Cygwin. Chris Bunting
- Question about Cygwin. Ryan P.
- Question about Cygwin. Chris Gray
- Question about Cygwin. Nathan F.Yospe
- Question about Cygwin. Gavin Doughtie
- Question about Cygwin. Chris Bunting
- Question about Cygwin. Eli Stevens
- Introduction Elia Morling
- MUD-Dev digest, Vol 1 #271 - 30 msgs Dr. Cat
- MUD-Dev digest, Vol 1 #271 - 30 msgs Richard A. Bartle
- MUD-Dev digest, Vol 1 #271 - 30 msgs Daniel.Harman@barclayscapital.com
- MUD-Dev digest, Vol 1 #271 - 30 msgs Richard A. Bartle
- MUD-Dev digest, Vol 1 #271 - 30 msgs Kevin Littlejohn
- MUD-Dev digest, Vol 1 #271 - 30 msgs Vincent Archer
- MUD-Dev digest, Vol 1 #271 - 30 msgs Richard A. Bartle
- MUD-Dev digest, Vol 1 #271 - 30 msgs Kevin Littlejohn
- Permadeath and fun Ola Fosheim Grøstad
- networking abstractions... Ola Fosheim Grøstad
- Habbo Hotel... Andrew Wilson
- Habbo Hotel... Ola Fosheim Grøstad
- Habbo Hotel... Andrew Wilson
- Habbo Hotel... Travis Nixon
- Lava and RPGs Brian Hook
- Lava and RPGs Daniel.Harman@barclayscapital.com
- Lava and RPGs Brian Hook
- RIP Electric Communities Tamzen Cannoy
- RIP Electric Communities F. Randall Farmer
- RIP Electric Communities Frank Crowell
- Digital Property Law [was Selling training] Joe Andrieu
- Digital Property Law [was Selling training] the_logos@www.achaea.com
- Digital Property Law [was Selling training] Joe Andrieu
- Digital Property Law [was Selling training] the_logos@www.achaea.com
- Digital Property Law [was Selling training] rayzam
- Digital Property Law [was Selling training] geoffrey@yorku.ca
- Digital Property Law [was Selling training] Matt Mihaly
- Digital Property Law [was Selling training] Steve {Bloo} Daniels
- Digital Property Law [was Selling training] Matt Mihaly
- Digital Property Law [was Selling training] Koster, Raph
- Digital Property Law [was Selling training] Steve {Bloo} Daniels
- Digital Property Law [was Selling training] rayzam
- Digital Property Law [was Selling training] Matt Mihaly
- Digital Property Law [was Selling training] Nathan F.Yospe
- Digital Property Law [was Selling training] Chris Jones
- Digital Property Law [was Selling training] Matt Mihaly
- Digital Property Law [was Selling training] Eli Stevens
- Digital Property Law [was Selling training] Jon Lambert
- Digital Property Law [was Selling training] John Buehler
- Digital Property Law [was Selling training] the_logos@www.achaea.com
- Digital Property Law [was Selling training] Koster, Raph
- Digital Property Law [was Selling training] Matt Mihaly
- Digital Property Law [was Selling training] geoffrey@yorku.ca
- Digital Property Law [was Selling training] Matt Mihaly
- Digital Property Law [was Selling training] John Buehler
- Digital Property Law [was Selling training] Steve {Bloo} Daniels
- Digital Property Law [was Selling training] Joe Andrieu
- Digital Property Law [was Selling training] Steve {Bloo} Daniels
- Digital Property Law [was Selling training] Joe Andrieu
- Digital Property Law [was Selling training] Steve {Bloo} Daniels
Joe Andrieu wrote:
> Steve (Bloo) Daniels wrote:
>> Joe Andrieu wrote:
> So, your premise is that digital property will only be handled by
> contract law?
Actually, my presumption is that "digital property" as you have
described it, is not property in any legally significant context. I'm
open to evidence and opinions on the matter but that's the position I
start with.
>> You don't believe in integration clauses or the statute of frauds?
>> Interesting.
> Actually, I'm not sure what you mean by that. I do think that the
> semantic interpretation of a written contract could vary
> significantly based on how the service is actually delivered, as
> such delivery could imply definitions in alternative ways.
Just FYI. Integration clauses are often in contracts (and you'll find
them in the EULA's for UO, EQ, etc.) state that the written contract
is the *whole* of the contract. Nothing is to be implied. The
classic legal phrase is that a judge shouldn't look beyond the "Four
Corners" of the written contract for any terms (of course, there are
things you can't waive by contract and these clauses don't interfere
with such considerations).
Statute of Frauds is a catch-all term for laws that most states (and
countries) have that says for certain subjects, you *must* have a
written contract to have a court enforce it. Particularly property.
These statutes essentially delimit their specified subjects from valid
verbal contracts. There are variations amongs different states but
the most common subjects of SoFs in the US are: contracts for goods of
$500 or more, property (real estate), and services that will take
greater than a year to perform (cannot be performed in less than one
year). Because intellectual property is federal (with the exception
of a few states with surviving trademark law), state SoFs don't always
speak to that subject. But the same concerns that prompted the
creation of SoFs in the first place are addressed in copyright and
patent law (and trademark too, IIRC) with a "writing" requirement for
transfers or licenses of rights.
> Yes, I meant adhesion. And I must say your are probably right here.
> However, it seems that if the service is charging $1000 for the Mofo
> Sword From Hell, then it is a significant consumer expenditure.
It's not like buying a house. These aren't equal factors.
Necessities is much more important, and there are other factors. Even
if you somehow reach the conclusion that the game is a necessity, if
you can play it at all without buying the expensive sword, you're SOL
(Not an abbreviation for theSword of Lost Light in AC ;-).
> Ok, that may get rid of the implied terms in my example, but I'm not
> convinced it will set contract law above all other law in all
> situations.
Don't think of it as one type of law being placed 'over' another.
Think of it more as a judge looking for an 'out' to get the
sure-to-be-confusing case off of his docket. If you like, think of
the contract law issues as a crutch that a judge can, and IMO will,
lean on to get the case out and over with ASAP. And in all
likelihood, that will only come after a judge strenously urges the
parties to reach a deal and keep it out of his court room.
> I argue that if it doesn't already exist, then it will. Property
> rights allow people to engage in transaction that they otherwise
> wouldn't. Why pay $1000 for the Mofo Sword if I'm just going to get
> PK'd and lose it as soon as I leave the store? I won't. But give
> me property rights enforced in some way by the system and I will.
And you can do that with a contract that provides and exclusive
service, i.e., access, use of, return of, Item X (a
copyright-protected element of Game Y).
>> Well, I wouldn't say "regularly". In the less than 10% of cases
>> that actual go to a judge or jury, liquidated damage clauses that
>> are found unfair, unreasonable, etc., are ignored. That simply
>> means they aren't immune to judicial scrutiny.
> 10% is pretty regular to me. I didn't say always. If I had a 10%
> chance of losing $1 million, then I'm going to spend at least
> $100,000 if it will remove the risk. My point was that liquidated
> damages are fully in the realm of Contract Law--which you seem to
> claim is the only reasonable forum for disputes of the type we are
> discussing--and yet, 10% of the time, they are overturned.
That isn't what I said. They aren't overturned that often. X Legal
Suits involving liquidated damage clauses Y = X/10 Y go to trial,
require judicial scrutiny Z < (Y/2) Z suits in which the clauses are
found to be unfair, etc.
No way to be precise on those, but there is no doubt Z is *much* less
than Y.
> p.s. I will however agree that perhaps the right TOS could avoid
> most of these issues. MOST. Probably not all. But how many startup
> MUDs can really afford a good lawyer anyway?
And I think you could have a system that achieves the same result you
want without resorting to property law issues.
bloo - Digital Property Law [was Selling training] Joe Andrieu
- Digital Property Law [was Selling training] Timothy Dang
- Digital Property Law [was Selling training] Steve {Bloo} Daniels
- Playground Games Ling Lo
- data structure design in a new mud Justin Coleman
- data structure design in a new mud Kwon Ekstrom
- data structure design in a new mud pauli.saksa
- data structure design in a new mud Kwon Ekstrom
- data structure design in a new mud pauli.saksa
- data structure design in a new mud Kwon Ekstrom
- data structure design in a new mud John Buehler
- data structure design in a new mud J. Coleman
- data structure design in a new mud Phillip Lenhardt
- data structure design in a new mud pauli.saksa
- data structure design in a new mud Ben Chambers
- Data Storage and MFC Questions Ben Chambers
- Data Storage and MFC Questions david.l.smith@home.com
- Data Storage and MFC Questions Adam Martin
- Introduction Systems Ben Chambers
- Introduction Systems Kwon Ekstrom
- Introduction Systems Ben Chambers
- Introduction Systems John W Pierce
- Introduction Systems F. Randall Farmer
- Introduction Systems Ben Chambers
- Introduction Systems Kwon Ekstrom
- Introduction Systems Ben Chambers
- Introduction Systems Kwon Ekstrom
- Introduction Systems Travis Casey
- Introduction Systems Kwon Ekstrom
- Introduction Systems Blane Bramble
- Introduction Systems Travis Casey
- Introduction Systems Marian Griffith
- Introduction Systems John Buehler
- Introduction Systems Ben Chambers
- Introduction Systems Matt Mihaly
- Introduction Systems John Buehler
- Introduction Systems Ben Chambers
- Introduction Systems John Buehler
- Introduction Systems Phillip Lenhardt
- Introduction Systems Travis Casey
- Introduction Systems Adam Martin
- Introduction Systems Kwon Ekstrom
- Introduction Systems Travis Casey
- Introduction Systems Federico Di Gregorio
- Introduction Systems Alistair Milne
- Introduction Systems Alistair Milne
- Updated my site... Koster, Raph
- Knowledge Modeling -- WAS: -- Interesting EQ rant (very long quote) Zak Jarvis
- Digital Property Law Joe Andrieu
- Digital Property Law [was Selling training] Tess Lowe
- Digital Property Law [was Selling training] Matt Mihaly
- Movies bigger than games? (was Digital Property Law) Tess Lowe
- Movies bigger than games? (was Digital Property Law) Kwon Ekstrom
- Movies bigger than games? (was Digital Property Law) Marian Griffith
- Movies bigger than games? (was Digital Property Law) Matt Mihaly
- Movies bigger than games? (was Digital Property Law) Koster, Raph
- Movies bigger than games? (was Digital Property Law) Matt Mihaly
- Movies bigger than games? (was Digital Property Law) Koster, Raph
- Movies bigger than games? (was Digital Property Law) Matt Mihaly
- Movies bigger than games? (was Digital Property Law) greg underwood
- Movies bigger than games? (was Digital Property Law) Brack, J. Allen
- Movies bigger than games? (was Digital Property Law) Richard A. Bartle
- Movies bigger than games? (was Digital Property Law) Eli Stevens
- Movies bigger than games? (was Digital Property Law) Blane Bramble
- Movies bigger than games? (was Digital Property Law) Tess Lowe
- Movies bigger than games? (was Digital Property Law) Richard A. Bartle
- Movies bigger than games? (was Digital Property Law) Frank Crowell
- Movies bigger than games? (was Digital Property Law) Matt Mihaly
- Movies bigger than games? (was Digital PropertyLaw) Frank Crowell
- Movies bigger than games? (was Digital Property Law) Adam Martin
- GDC Dinner -- 23 March 2001 (Good food!) J C Lawrence
- Micro-payment Graphical MUSH Dave Rickey
- Micro-payment Graphical MUSH Dave Rickey
- Fw: MUD-Dev digest, Vol 1 #271 - 30 msgs Elia Morling
- [Meta] GDC Dinner -- 23 March 2001 (Good food!) J C Lawrence
- Small scale commercial text MUDs John W Pierce
- Small scale commercial text MUDs Bruce
- Small scale commercial text MUDs Frank Crowell
- Small scale commercial text MUDs John W Pierce
- Small scale commercial text MUDs Chris Jones
- Small scale commercial text MUDs Lars Duening
- Small scale commercial text MUDs Matt Mihaly
- Small scale commercial text MUDs Emil Eifrém
- Small scale commercial text MUDs Matt Mihaly
- Small scale commercial text MUDs Derek Licciardi
- Small scale commercial text MUDs Matt Mihaly
- Component Based Items Was:Re:data structure design in a new mud Kwon Ekstrom
- Movies bigger than games? (OT) Richard A. Bartle
- Adverts in games (was Habbo Hotel...) Sellers, Michael
- Adverts in games (was Habbo Hotel...) Brian Hook
- Adverts in games (was Habbo Hotel...) F. Randall Farmer
- Adverts in games (was Habbo Hotel...) Frank Crowell
- Adverts in games (was Habbo Hotel...) Andrew Wilson
- Adverts in games (was Habbo Hotel...) John Buehler
- Adverts in games (was Habbo Hotel...) Auli
- Adverts in games (was Habbo Hotel...) Travis Nixon
- Adverts in games (was Habbo Hotel...) Daniel.Harman@barclayscapital.com
- Adverts in games (was Habbo Hotel...) Frank Crowell
- Adverts in games (was Habbo Hotel...) Michael Tresca
- A Brief History of Commercial MUDs Brian Hook
- A Brief History of Commercial MUDs Koster, Raph
- A Brief History of Commercial MUDs Marian Griffith
- A Brief History of Commercial MUDs Koster, Raph
- A Brief History of Commercial MUDs Travis Casey
- A Brief History of Commercial MUDs Sellers, Michael
- A Brief History of Commercial MUDs Travis Casey
- A Brief History of Commercial MUDs Koster, Raph
- A Brief History of Commercial MUDs Koster, Raph
- A Brief History of Commercial MUDs Jessica Mulligan
- A Brief History of Commercial MUDs Brian Hook
- A Brief History of Commercial MUDs Koster, Raph
- A Brief History of Commercial MUDs Klimon, Ian
- A Brief History of Commercial MUDs Matt Mihaly
- A Brief History of Commercial MUDs Jessica Mulligan
- A Brief History of Commercial MUDs Klimon, Ian
- A Brief History of Commercial MUDs Mud-Dev mail
- A Brief History of Commercial MUDs Matt Mihaly
- A Brief History of Commercial MUDs Klimon, Ian
- A Brief History of Commercial MUDs Matt Mihaly
- Broadcasting subscription model Frank Crowell
- MERA attendance J C Lawrence
- Code base for graphical MUD? Mud Monster
- PK vs no-PK? KevinL
- PK vs no-PK? John Buehler
- PK vs no-PK? Vincent Archer
- PK vs no-PK? Kevin Littlejohn
- Adverts in games (was Habbo Hotel...) Elia Morling
- Learning from the Sims Eric Rhea
- Learning from the Sims Nathan F.Yospe
- Learning from the Sims Eric Rhea
- licenses for RPGs (fwd) J C Lawrence
- licenses for RPGs (fwd) Frank Crowell
- licenses for RPGs (fwd) Brian Hook
- licenses for RPGs (fwd) Travis Casey
- licenses for RPGs (fwd) Freeman, Jeff
- licenses for RPGs (fwd) shren
- licenses for RPGs (fwd) Stephen McDonald
- licenses for RPGs (fwd) Travis Casey
- licenses for RPGs (fwd) Mark Watson
- licenses for RPGs (fwd) Adam Martin
- UO2 is dead Frank Crowell
- UO2 is dead Daniel.Harman@barclayscapital.com
- UO2 is dead Koster, Raph
- UO2 is dead Sellers, Michael
- UO2 is dead Alornen
- UO2 is dead Ola Fosheim Grøstad
- UO2 is dead shren
- UO2 is dead Gaffney, Jeremy
- Origin cancelled UWO: ORIGIN (UO2). David Loeser
- Origin cancelled UWO: ORIGIN (UO2). Vincent Archer
- licenses for RPGs (fwd) Timothy Dang
- licenses for RPGs (fwd) Travis Casey
- licenses for RPGs (fwd) Frank Crowell
- MUSH God to Game Designer. Any good books? Capel, Corey
- MUSH God to Game Designer. Any good books? Jon Morrow
- Wireless MUDS? Michael Tresca
- Wireless MUDS? Matt Mihaly
- Movies About MUDs & the Virtual Experience Michael Tresca
- Movies About MUDs & the Virtual Experience rayzam
- Movies About MUDs & the Virtual Experience Kevin Littlejohn
- Movies About MUDs & the Virtual Experience Lee Sheldon
- Movies About MUDs & the Virtual Experience Zak Jarvis
- Movies About MUDs & the Virtual Experience Greg Underwood
- RPGPlanet Review Chris Lloyd
- Majestic... ,was UO2 is dead David Loeser
- MUD Dev FAQ part 2 Marian Griffith
- About the FAQ Marian Griffith
- MERA '01, done J C Lawrence
- Distributed Trust system discussion bruce@puremagic.com
- E Language Gavin Doughtie
- Advertising in video games article Brian Hook
- Concerning Advanced Server designs for MMORPGs Derek Licciardi
- Concerning Advanced Server designs for MMORPGs Valerio Santinelli
- Concerning Advanced Server designs for MMORPGs Jeremy Noetzelman
- MUD-Dev digest, Vol 1 #299 - 13 msgs Paul Schwanz
- Business models for commercial text games Emil Eifrém
- Business models for commercial text games nbossett@pierb.com
- Business models for commercial text games Emil Eifrém
- Business models for commercial text games Matt Mihaly
- Business models for commercial text games Emil Eifrém
- Business models for commercial text games Matt Mihaly
- Business models for commercial text games Christopher Allen
- measuring roleplay Matt Mihaly
- measuring roleplay Val Trullinger
- Checking In Baron, Jonathan
- Checking In Cassandra
- Checking In Brian 'Psychochild' Green
- Movies bigger than games? (was Digital Property Law) Matt Mihaly
- Movies bigger than games? (was Digital Property Law) John Buehler
- Movies bigger than games? (was Digital Property Law) Adam Martin
- Movies bigger than games? Greg Underwood
- Movies bigger than games? Greg Underwood
- Movies bigger than games? Matt Mihaly
- A Tale In The Desert Ling
- A Tale In The Desert Ola Fosheim Grøstad
- MERA Pix Scott Martins
- MERA Pix J C Lawrence
- www.innbetweenworlds.com (was: Mud Timeline) Bruce
- SOAP (was: A new MUD-standard) Bruce
- MUD-Dev digest, Vol 1 #301 - 15 msgs Dr. Cat
- MUD-Dev digest, Vol 1 #301 - 15 msgs Baron, Jonathan
- MUD-Dev digest, Vol 1 #301 - 15 msgs Koster, Raph
- MUD-Dev digest, Vol 1 #301 - 15 msgs Baron, Jonathan
- news sites? Tamzen Cannoy
- news sites? Cassandra
- news sites? Myschyf