These forums have been archived and are now read-only.

The new forums are live and can be found at https://forums.eveonline.com/

EVE General Discussion

 
  • Topic is locked indefinitely.
12Next page
 

Intellectual property rights in virtual commodities Survey

Author
Christy D Floyd
Garoun Investment Bank
Gallente Federation
#1 - 2012-11-30 18:04:22 UTC
I ask you, do you believe if suported in a court of law that rejects electronic standard–form agreements and finds the contract unenforceable by resonable standards that items earned in an online game actually belong to the individual or do they still belong to the designer?


Had a nice long disccusion on TS last night with a prelaw pilot and this is what it boiled down too.

Money is better than poverty, if only for financial reasons.

Unsuccessful At Everything
The Troll Bridge
#2 - 2012-11-30 18:08:25 UTC
Find me a lawyer who wont tell you what you want to hear for money, and ill show you a lawyer who tells the truth. Words from my father right before he lost his divorce.

Since the cessation of their usefulness is imminent, may I appropriate your belongings?

Cannibal Kane
Viziam
Amarr Empire
#3 - 2012-11-30 18:08:59 UTC
When you Click I agree when you first launched EVE. You signed your rights away to owning anything in game, IP of CCP. Everything belongs to CCP.

"Kane is the End Boss of Highsec." -Psychotic Monk

Mistah Ewedynao
Ice Axe Psycho Killers
#4 - 2012-11-30 18:11:06 UTC
Quote:
prelaw pilot


That's enough for me.

So really the question is can I sell my Character or my stuff for real cash on E-Bay?

I wish.....maybe.

Nerf Goons

Nuke em from orbit....it's the only way to be sure.

Simetraz
State War Academy
Caldari State
#5 - 2012-11-30 18:13:46 UTC  |  Edited by: Simetraz
Possession is 9/10 of the law right ?
And all of our assets are sitting on servers owned buy CCP.
We rent game time.

So I would say no.

If a college or company can say anything you produce while using there facilities / assets is the property of the college or company and this has been held up in a court of law.
Then tell me why anything you produce in a game would be any different.
You are still using the game owners servers and program they created.

The courts should just throw these cases right out as a complete waste of tax payers money.
Christy D Floyd
Garoun Investment Bank
Gallente Federation
#6 - 2012-11-30 18:16:49 UTC
Simetraz wrote:
Possession is 9/10 of the law right ?
And all of our assets are sitting on servers owned buy CCP.
We rent game time.

So I would say no.

If a college or company can say anything you produce while using there facilities is the property of the college or company and this has been held up in a court of law.
Then tell me why anything you produce in a game would be any different.
You are still using game owners servers and program they created.

The courts should just throw these cases right out as a complete waste of tax payers money.



That was a basis of the argument. Lets say I use autocad or some sort of software to design a better mousetrap does that mean the designer of that software owns a portion of the invention?

Money is better than poverty, if only for financial reasons.

Simetraz
State War Academy
Caldari State
#7 - 2012-11-30 18:28:04 UTC  |  Edited by: Simetraz
Christy D Floyd wrote:
Simetraz wrote:
Possession is 9/10 of the law right ?
And all of our assets are sitting on servers owned buy CCP.
We rent game time.

So I would say no.

If a college or company can say anything you produce while using there facilities is the property of the college or company and this has been held up in a court of law.
Then tell me why anything you produce in a game would be any different.
You are still using game owners servers and program they created.

The courts should just throw these cases right out as a complete waste of tax payers money.



That was a basis of the argument. Lets say I use autocad or some sort of software to design a better mousetrap does that mean the designer of that software owns a portion of the invention?


You described a totally different situation.
Purchasing software and designing something at your house is not the same as.

WOrking for a company that has autocad and whatever you design becomes the property of the company you work for not autocad. You are using your companies assets.

The same can be said for playing video games and creating a character / assets on a game server.
CCP in this case controls what you can and can't do because you are using their equipment.
Once again you are only renting game time that is it.
Even if say they are using a game engine from a different company CCP still have claim on what you are making and can remove all your work tomorrow if they feel like it and you can't stop them.

That is perhaps the most critical part of ownership.
If CCP deletes your character, could you demand that CCP bring back your character and would they have to do it.
The answer is no they can kill at just for the fun of it.
And as such you don't own it.
Ginger Barbarella
#8 - 2012-11-30 18:30:06 UTC
Christy D Floyd wrote:
I ask you, do you believe if suported in a court of law that rejects electronic standard–form agreements and finds the contract unenforceable by resonable standards that items earned in an online game actually belong to the individual or do they still belong to the designer?


Had a nice long disccusion on TS last night with a prelaw pilot and this is what it boiled down too.


Any working lawyer who doesn't play vidya games will tell you to get a real job.

"Blow it all on Quafe and strippers." --- Sorlac

Simetraz
State War Academy
Caldari State
#9 - 2012-11-30 18:34:58 UTC
And just to add on to that.

If you really did own said character & assets then CCP could charge you a storage and maintenance fee.
Something you couldn't get out of by cancelling your account.

Those charges would be on top of the current rental fee for server time.


Cutter Isaacson
DEDSEC SAN FRANCISCO
#10 - 2012-11-30 18:35:39 UTC
Christy D Floyd wrote:
Simetraz wrote:
Possession is 9/10 of the law right ?
And all of our assets are sitting on servers owned buy CCP.
We rent game time.

So I would say no.

If a college or company can say anything you produce while using there facilities is the property of the college or company and this has been held up in a court of law.
Then tell me why anything you produce in a game would be any different.
You are still using game owners servers and program they created.

The courts should just throw these cases right out as a complete waste of tax payers money.



That was a basis of the argument. Lets say I use autocad or some sort of software to design a better mousetrap does that mean the designer of that software owns a portion of the invention?



Your AutoCAD analogy is flawed. AutoCAD does not come up with the design for you, it merely allows you to transfer it from your mind to the screen, the ownership of the design lays entirely with you. The only time this would not be the case is if you worked for a design company whose employment contract states that anything created by an employee is actually owned by the company, not the individual.

In the case of EVE all the players do is pay to access a collection of predefined, pre-fabricated set of options. We design nothing, with the exception of our character names and any back history we choose to apply to said character. Even then, as far as I am aware, any copyrighted or trademarked material involved in those histories also belongs to CCP and cannot be sold, transferred or otherwise exchanged without CCP's express permission.

So I would suggest that the answer is that no court would ignore the legal rights of the IP holder in favour of someone else.

"The truth is usually just an excuse for a lack of imagination." Elim Garak.

Aziesta
Binal Extensions
Xagenic Freymvork
#11 - 2012-11-30 18:36:02 UTC
The only game I could see you possibly having a case is something like Entropia, where there's a real-cash economy, with established conversion rates and advertised means of depositing and withdrawing money.
Cutter Isaacson
DEDSEC SAN FRANCISCO
#12 - 2012-11-30 18:49:44 UTC
Aziesta wrote:
The only game I could see you possibly having a case is something like Entropia, where there's a real-cash economy, with established conversion rates and advertised means of depositing and withdrawing money.



Another obvious example would be Second Life, but those are both systems that are designed with such things in mind and whose respective TOS and EULA's both cover the legality of the sale of in-game items for real world currencies. EVE's legally binding agreements specifically forbid such things, so anyone signing it would be constrained by the letter of the law.

"The truth is usually just an excuse for a lack of imagination." Elim Garak.

Christy D Floyd
Garoun Investment Bank
Gallente Federation
#13 - 2012-11-30 19:11:50 UTC
Cutter Isaacson wrote:
EVE's legally binding agreements specifically forbid such things, so anyone signing it would be constrained by the letter of the law.



I agree with you but what if a nations law contradicts a developers TOS contract?

Money is better than poverty, if only for financial reasons.

Christy D Floyd
Garoun Investment Bank
Gallente Federation
#14 - 2012-11-30 19:25:34 UTC
Cutter Isaacson wrote:
We design nothing, with the exception of our character names and any back history we choose to apply to said character.



Does that inclued the metagame? The real question is does a games Virtual commodities have a real money value? I would say yes and if so then it should be legal tender.

If I sold the video card I bought with plex for real world currency well above retail prices does that violate the TOS by CCP?

Money is better than poverty, if only for financial reasons.

TriadSte
The Scope
Gallente Federation
#15 - 2012-11-30 19:28:55 UTC
Actually there is some guy who creates clothing items in another game and seels them for real life money and hes rumoured to have earned upwards of £70k a year [$130k ish]

I forgot the game but for sure this is factual.
Eugene Kerner
TunDraGon
Goonswarm Federation
#16 - 2012-11-30 19:35:08 UTC
I will just say it once.

Possession does not equal ownership.

TunDraGon is recruiting! "Also, your boobs [:o] "   CCP Eterne, 2012 "When in doubt...make a diȼk joke." Robin Williams - RIP

Borascus
#17 - 2012-11-30 19:38:28 UTC
Christy D Floyd wrote:
Simetraz wrote:
Possession is 9/10 of the law right ?
And all of our assets are sitting on servers owned buy CCP.
We rent game time.

So I would say no.

If a college or company can say anything you produce while using there facilities is the property of the college or company and this has been held up in a court of law.
Then tell me why anything you produce in a game would be any different.
You are still using game owners servers and program they created.

The courts should just throw these cases right out as a complete waste of tax payers money.



That was a basis of the argument. Lets say I use autocad or some sort of software to design a better mousetrap does that mean the designer of that software owns a portion of the invention?



In this specific instance AutoCAD software designer would not own any of the intellectual property as it is a program used to illustrate a concept / prototype within your patent application.

On the other hand you would not be able to copyright / file for ownership any part of the AutoCAD program. It would be a tool.

America's Senate went for a full-blown first past the post methodology last year, didn't read the whole article. This would have excluded the UK law establishing common ground and copyright in the build up to a patent application.

I.e.
You design a product.
Copyright it at home.
You're assocaite views the document on a cloud computing model where the copyright claim is also clearly stated, and then files patent on the design of the product.
||| In this circumstance it is arguable that intellectual property was held by yourself when the association viewed the document with the copyright claim.

In the proposed American First-past-the-post system, the concept would remain the property of the filing party, eliminating any form of safe collaboration.

In EVE, all models and designs are part of the Intellectual property owned by CCP Games. meaning you couldn't use any skins, modules, fittings, rig slots etc as they are part of the IP. It would be like patenting a meccano truck



The Protato
Deep Core Mining Inc.
Caldari State
#18 - 2012-11-30 19:44:57 UTC
Unsuccessful At Everything wrote:
Find me a lawyer who wont tell you what you want to hear for money, and ill show you a lawyer who tells the truth. Words from my father right before he lost his divorce.


Ah, ignorance.
Destination SkillQueue
Doomheim
#19 - 2012-11-30 19:46:33 UTC
Eugene Kerner wrote:
I will just say it once.

Possession does not equal ownership.


No, but you're going to need clear evidence of ownership to have a good case without posession. If the ownership is unclear, the one in posession of it is presumed to be the rightful owner.
Eugene Kerner
TunDraGon
Goonswarm Federation
#20 - 2012-11-30 19:50:05 UTC
Destination SkillQueue wrote:
Eugene Kerner wrote:
I will just say it once.

Possession does not equal ownership.


No, but you're going to need clear evidence of ownership to have a good case without posession. If the ownership is unclear, the one in posession of it is presumed to be the rightful owner.


Would the source code be such an evidence?

TunDraGon is recruiting! "Also, your boobs [:o] "   CCP Eterne, 2012 "When in doubt...make a diȼk joke." Robin Williams - RIP

12Next page