February 2002
- Article: Moral Outrage - Bizarre as it seems, indignation makes the world go round (from New Scientist) Christopher Allen
- premium servers Matt Mihaly
- premium servers Talies the Wanderer
- premium servers Matt Mihaly
- premium servers Christopher Allen
- premium servers Christopher Allen
- Girl appeal (was: Boys and Girls) Marian Griffith
- Girl appeal (was: Boys and Girls) rayzam
- Girl appeal (was: Boys and Girls) John Buehler
- Girl appeal (was: Boys and Girls) Matt Mihaly
- Girl appeal (was: Boys and Girls) Caliban Tiresias Darklock
- Girl appeal (was: Boys and Girls) Matt Mihaly
- Girl appeal (was: Boys and Girls) Caliban Tiresias Darklock
- Girl appeal (was: Boys and Girls) Matt Mihaly
- Girl appeal (was: Boys and Girls) Marian Griffith
- Girl appeal (was: Boys and Girls) John Buehler
- Girl appeal (was: Boys and Girls) Matt Mihaly
- Girl appeal (was: Boys and Girls) Caliban Tiresias Darklock
- Girl appeal (was: Boys and Girls) Sasha Hart
- Girl appeal (was: Boys and Girls) Caliban Tiresias Darklock
- Girl appeal (was: Boys and Girls) Freeman, Jeff
- Girl appeal (was: Boys and Girls) Caliban Tiresias Darklock
- Girl appeal (was: Boys and Girls) Matt Mihaly
- Girl appeal (was: Boys and Girls) Caliban Tiresias Darklock
- Girl appeal (was: Boys and Girls) Matt Mihaly
- Girl appeal (was: Boys and Girls) Madrona Tree
- Girl appeal (was: Boys and Girls) Talies the Wanderer
- Girl appeal (was: Boys and Girls) Marc Hernandez
- Girl appeal (was: Boys and Girls) Caliban Tiresias Darklock
- Girl appeal (was: Boys and Girls) Sasha Hart
- Girl appeal (was: Boys and Girls) Caliban Tiresias Darklock
- Girl appeal (was: Boys and Girls) Sasha Hart
- Girl appeal (was: Boys and Girls) Caliban Tiresias Darklock
- Girl appeal (was: Boys and Girls) Caliban Tiresias Darklock
- Girl appeal (was: Boys and Girls) Rogue_Buddha
- Girl appeal (was: Boys and Girls) Caliban Tiresias Darklock
- Girl appeal (was: Boys and Girls) Matt Mihaly
- Girl appeal (was: Boys and Girls) Christopher Allen
- Girl appeal (was: Boys and Girls) Sasha Hart
- Girl appeal (was: Boys and Girls) Caliban Tiresias Darklock
- NEWS: Release of v0.21 of Murpg Core Mike Povoski
- story vs. screenplay Nicholas E. Walker
- story vs. screenplay Koster, Raph
- story vs. screenplay Sean K
- story vs. screenplay ghovs
- story vs. screenplay Nicholas E. Walker
- story vs. screenplay ghovs
- story vs. screenplay James Edward Gray II
- story vs. screenplay ghovs
- story vs. screenplay Marian Griffith
- story vs. screenplay Nicholas E. Walker
- story vs. screenplay Marian Griffith
- MUD Protocols? Neil Edwards
- MUD Protocols? Matt Owen
- MUD Protocols? Bruce Mitchener
- MUD Protocols? Andrew Wilson
- MUD Protocols? Phillip Lenhardt
- MUD Protocols? Lars Duening
- MUD Protocols? Caliban Tiresias Darklock
- MUD Protocols? Jon Leonard
- MUD Protocols? Chris Gray
- BlackSnow sues Mythic for online property rights Koster, Raph
- BlackSnow sues Mythic for online property rights Geoffrey MacDougall
- BlackSnow sues Mythic for online property rights Matt Mihaly
- BlackSnow sues Mythic for online property rights Rudy Fink
- BlackSnow sues Mythic for online property rights Dave Shepherd
- BlackSnow sues Mythic for online property rights Steve {Bloo} Daniels
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.
IMAL Disclaimer: I'm a lawyer but I'm not *your* lawyer.
This case is all about the EULA. I gave it a look-see. It's pretty
well-constructed. If the EULA is determined to be valid, I think it
is fairly clear that Mythic would win a summary judgment motion and
BSI would be SOL.
There are some potentially very strong counter-arguments for Mythic.
It could be argued that BSI has taken a business opportunity of
Mythic's. BSI's assertion of ME's 'monopoly' don't amount to much.
If there is a monopoly it flows from intellectual property and is a
'natural' monopoly.
> 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.
Perhaps in the market forces. But I think there are too many
difficulties to exand customers's right, even if you wanted to. The
customer has no property rights. The customer has only a license.
Intellectual property transactions are fairly rigid things. There
are even 'magic' words, such as "hereby", which open and shut doors,
faster than the speed of though. IMHO, mostly because it is easier
for judges to focus on the contract and license aspects than the IP
aspects because the former are *extremely* well understood practices
in the legal field and have an extensive body of jurisprudential
history (if I may be allowed to go pentasyllabic). Also, there is
probably some fear, in addition to the ever present loathing of,
uncertainty regarding who owns what.
What's the hypothetical worst case?
Mythic makes a movie based around my character Almanzor (28th
level scout) that makes Jackson's Hobbit moves a forgotten
bystander on the clearance video racks. And I don't get anything.
I played under the license. Without the license, I can't play
and/or create.
Though, I'd still hire a power lawyer and try to get a settlement
out of ME. Or, at least, I'd think about. [;-)]
Which points to optimal solution for this hypothetical: Don't make
the movie until you the player to sign a separate license and throw
him a bone or two, when you do. Rule of Thumb: Don't develop any IP
that involves the use of anything from players.
There are probably more troublesome hypotheticals. What if I write
a story on paper then transmit it through a game's chat system on a
non-restricted channel and the game's EULA is the most restrictive,
i.e., anything you display/publish/create through the game service
immediately becomes the game company's property?
My copyright attached when I wrote the story down. I
displayed/published it, under the terms of a license, on the game
service. Would the license satisfy the writing requirement for
transfers of copyright?
If so, I gave my copyright away.
If not, I still have the copyright, but . . .
- have I breached the EULA?
- has I licensed the work to the game service?
The hypotheticals can get nastier, especially when you add third
parties into the mix.
The golden rule of IP is still the best: Keep it to yourself until
you've got a contract.
-bloo - BlackSnow sues Mythic for online property rights Derek Licciardi
- BlackSnow sues Mythic for online property rights Dave Rickey
- BlackSnow sues Mythic for online property rights Richard A. Bartle
- BlackSnow sues Mythic for online property rights Blane Bramble
- BlackSnow sues Mythic for online property rights Sellers, Mike
- BlackSnow sues Mythic for online property rights kuvasza
- BlackSnow sues Mythic for online property rights Matt Mihaly
- BlackSnow sues Mythic for online property rights Frank Crowell
- BlackSnow sues Mythic for online property rights Freeman, Jeff
- BlackSnow sues Mythic for online property rights Ola Fosheim Grøstad
- BlackSnow sues Mythic for online property rights Frank Crowell
- BlackSnow sues Mythic for online property rights Dave Rickey
- BlackSnow sues Mythic for online property rights Dr. Cat
- BlackSnow sues Mythic for online property rights Caliban Tiresias Darklock
- BlackSnow sues Mythic for online property rights Alex Kay
- BlackSnow sues Mythic for online property rights Jeff Cole
- BlackSnow sues Mythic for online property rights John Buehler
- BlackSnow sues Mythic for online property rights Jeff Cole
- BlackSnow sues Mythic for online property rights John Buehler
- BlackSnow sues Mythic for online property rights Dr. Cat
- BlackSnow sues Mythic for online property rights Matt Mihaly
- BlackSnow sues Mythic for online property rights Hans-Henrik Staerfeldt
- BlackSnow sues Mythic for online property rights Vincent Archer
- BlackSnow sues Mythic for online property rights John Buehler
- BlackSnow sues Mythic for online property rights Steve {Bloo} Daniels
- BlackSnow sues Mythic for online property rights Hans-Henrik Staerfeldt
- BlackSnow sues Mythic for online property rights Marc Bowden
- [BIZ] Players - GMs ratio Mathieu Castelli
- [BIZ] Players - GMs ratio Robert A. Rice Jr.
- [BIZ] Players - GMs ratio Mathieu Castelli
- Ethical behavior ... a hijacking. Jeff Cole
- Ethical behavior ... a hijacking. Matt Mihaly
- Ethical behavior ... a hijacking. Koster, Raph
- Ethical behavior ... a hijacking. Matt Mihaly
- Ethical behavior ... a hijacking. Jeff Cole
- Ethical behavior ... a hijacking. John Buehler
- Ethical behavior ... a hijacking. Marc Bowden
- Ethical behavior ... a hijacking. Travis Casey
- Ethical behavior ... a hijacking. Matt Mihaly
- Ethical behavior ... a hijacking. John Buehler
- Ethical behavior ... a hijacking. Jon Lambert
- "Advanced" use of virtual worlds? (MMORPGs & MUDs) Caliban Tiresias Darklock
- "Advanced" use of virtual worlds? (MMORPGs & MUDs) J C Lawrence
- "Advanced" use of virtual worlds? (MMORPGs & MUDs) Matt Mihaly
- "Advanced" use of virtual worlds? (MMORPGs & MUDs) Travis Casey
- "Advanced" use of virtual worlds? (MMORPGs & MUDs) Michael Tresca
- Merc++ the_sage2000@juno.com
- ADMIN: Bullets. conservation of momentum etc J C Lawrence
- EULA Structure Eli Stevens
- EULA Structure Hans-Henrik Staerfeldt
- EULA Structure Matt Mihaly
- EULA Structure Frank Crowell
- EULA Structure Bruce Mitchener
- EULA Structure Hans-Henrik Staerfeldt
- EULA Structure Steve {Bloo} Daniels
- Thank you from MudWorld ucmm@inetsolve.com
- Thank you from MudWorld Matt Mihaly
- Thank you from MudWorld Matt Owen
- Thank you from MudWorld Chris Lloyd
- Re[4]: "Advanced" use of virtual worlds? (MMORPGs & MUDs) Travis Casey
- What's Important in a Driver? Jonathan Ross
- Everquest player survey with interesting points Olof Ekström
- Myth II Game server has gone open source Frank Crowell
- Question about threads. Anderson, David
- Question about threads. J C Lawrence
- Question about threads. Nathan F. Yospe
- Question about threads. Sean K
- Question about threads. Caliban Tiresias Darklock
- Question about threads. Daniel.Harman@barclayscapital.com
- TECH : MUD game on a multi agent system Cyril MudDev
- TECH : MUD game on a multi agent system Marc Bowden
- TECH : MUD game on a multi agent system John Robert Arras
- TECH : MUD game on a multi agent system Robert Zubek
- Using the survey Info to make real factual argument WAS: Everquest player survey with interesting points Sasha Hart
- [BIZ] Selling Sex, Power, and Prestige Dave Kennerly
- [BIZ] Selling Sex, Power, and Prestige Sasha Hart
- Mob (NPC) behavior William Murdick
- Mob (NPC) behavior Freeman, Jeff
- Mob (NPC) behavior Valerio Santinelli
- Mob (NPC) behavior Sean K
- Mob (NPC) behavior Sasha Hart
- Mob (NPC) behavior J C Lawrence
- Mob (NPC) behavior Kevin Reid
- Mob (NPC) behavior Mike Povoski
- Mob (NPC) behavior Sasha Hart
- [TECH] Event Queue System the_sage2000@juno.com
- [TECH] Event Queue System Lars Duening
- [TECH] Event Queue System J C Lawrence
- [TECH] Event Queue System Phillip Lenhardt
- [TECH] Event Queue System Lars Duening
- [TECH] Event Queue System Blane Bramble
- [TECH] Event Queue System John Robert Arras
- [TECH] Event Queue System Kwon Ekstrom
- [TECH] Event Queue System Jon Leonard
- Immersion lawsuit Frank Crowell
- Spouse play (was Using the survey Info to make real Ola Fosheim Grøstad
- Spouse play (was Using the survey Info to make real Lars Duening
- RP definitions J C Lawrence
- roleplaying Matt Mihaly
- Girl's Perspective (was: Boys and Girls) Katy Morris
- Girl's Perspective (was: Boys and Girls) Paul Schwanz
- Girl's Perspective (was: Boys and Girls) Katy Anderson {Morris}
- Girl's Perspective (was: Boys and Girls) Amanda Walker
- Spouse play Sasha Hart
- Student Interview Steve Wilson
- Statistics (was: Girl appeal (was: Boys and Girls)) Sasha Hart
- "Advanced" use of virtual worlds? (MMORPGs & MUDs) Caliban Tiresias Darklock
- I 0Wn Y0o, d00d (Latest 'Biting The Hand' column at Skotos) Christopher Allen
- Online Worlds Timeline Update Koster, Raph
- Online Worlds Timeline Update Richard A. Bartle
- Online Worlds Timeline Update Christopher Allen
- Online Worlds Timeline Update Travis Casey
- Online Worlds Timeline Update Jeff Freeman
- DCMA -- another weapon in the fight against Emulators Frank Crowell
- DCMA -- another weapon in the fight against Emulators Eric Rhea
- DCMA -- another weapon in the fight against Emulators Frank Crowell
- DCMA -- another weapon in the fight against Emulators Caliban Tiresias Darklock
- DCMA -- another weapon in the fight against Emulators bruce@cubik.org
- DCMA -- another weapon in the fight against Emulators Frank Crowell
- DCMA -- another weapon in the fight against Emulators Frank Crowell
- DCMA -- another weapon in the fight against Emulators Frank Crowell
- DCMA -- another weapon in the fight against Emulators Jon Lambert
- DCMA -- another weapon in the fight against Emulators Travis Nixon
- DCMA -- another weapon in the fight against Emulators Frank Crowell
- [TECH] Peer-to-peer downloads for MMO games Olof Ekstrom
- [TECH] Peer-to-peer downloads for MMO games Daniel.Harman@barclayscapital.com
- [TECH] Peer-to-peer downloads for MMO games Oliver Jowett
- [TECH] Peer-to-peer downloads for MMO games Jon Leonard
- character longevity statistics Val Trullinger
- MajorMUD recollections. Online Worlds Timeline Update Patrick Mahle
- MajorMUD and other BBS MUDs (was: Online Worlds Timeline Update) Scott Jennings
- DaoC postmortem at Gamasutra Azeraab
- DaoC postmortem at Gamasutra Buddy Grizzard
- DaoC postmortem at Gamasutra Dave Rickey
- DaoC postmortem at Gamasutra Marc Bowden
- DaoC postmortem at Gamasutra Scott Jennings
- DaoC postmortem at Gamasutra Vincent Archer
- DaoC postmortem at Gamasutra Steve {Bloo} Daniels
- DaoC postmortem at Gamasutra Buddy Grizzard
- Skotos TT& Christopher Allen