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Intellectual property rights in virtual commodities Survey
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Tippia
Sunshine and Lollipops
#21 - 2012-11-30 19:52:15 UTC  |  Edited by: Tippia
Christy D Floyd wrote:
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?
Different creation.

If you use AutoCAD to create splines and nurbs and squircles, and then save in a proprietary file format, then yes, Autodesk owns the maths behind those lines, surfaces and volumes, their likeness, and the way they're stored. They do not own the idiosyncratic combinations of those primitives that you create and sell to your customers.

Likewise, CCP owns the ships, modules, ISK, and other primitives and their storage method (and even the storage, since it never leaves their system) — they do not own the game experience your particular combination of those parts create, nor do they own the third-party creations (e.g. API-linked software) that is built using the hooks made available by the developers.

Then there's the whole licensing issue. A normal AutoCAD license explicitly says that the drawings you create with the program are yours to do whatever you want with… assuming you picked that license rather than, say, an educational or trial license. If you didn't, then yes, Autodesk could conceivably claim — if not actual ownership of their own — then at least that your ownership is restricted since you had the wrong license to use their software in such a way as to create commercial products with it. You'd still have the copyright, but you wouldn't be allowed to do much with it.

Similarly, CCP doesn't license its software for any kind of creation that makes you the owner of… well… anything. You have to create your own stuff outside of the system to own it. It's not a creative license (much less a commercial one) like the one you get if you buy AutoCAD or Photoshop or Cubase or whatever.

Quote:
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?
Nah. CCP's reach ended when you gave them permission them to hand over half of that PLEX-cash to nVidia and cash in the rest. At best you'd be breaking some absurd nVidia EULA or retailer licensing by reselling physical stuff you owned (which is what CCP would come after you for doing if you tried to resell GTC/ETC).
Janet Patton
Brony Express
#22 - 2012-11-30 19:57:06 UTC
TriadSte wrote:
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.


It is probably Second Life. There are hundreds of people that do that. Clothing, Animations, Avatars, Buildings, Vehicles, Scripts, Ect... almost anything you can think of.

Why do I have this sig? I don't smoke.
Christy D Floyd
Garoun Investment Bank
Gallente Federation
#23 - 2012-11-30 20:06:43 UTC
The Cad analogy was bad I apoligize. I understand why CCP outlaws RMT for the simple fact if a monetary value is placed on in-game items then if CCP was to go out of business then 400k+ subscibers would be asking for compensation for those items. Why not write in a no refund policy in the TOS and allow RMT, this protects CCP from any legal recourse unless the RMT ban is purely financial jealousy.

Money is better than poverty, if only for financial reasons.
BoBoZoBo
MGroup9
#24 - 2012-11-30 20:10:50 UTC
Trying to understand, what did anyone in here actually create as oppose to use?

Primary Test Subject • SmackTalker Elite
Tippia
Sunshine and Lollipops
#25 - 2012-11-30 20:23:20 UTC
BoBoZoBo wrote:
Trying to understand, what did anyone in here actually create as oppose to use?
Arguably, the marketplace (as in the combination of wares on it and their prices) and the sov map.

…and of course, the whole game experience and OOG politics bit.
Borascus
#26 - 2012-11-30 20:36:39 UTC
The reference included a fine-point stipulation regarding metacontent. That could be anything from a fight strategem to fan-fic intended for Machinima

This Patent Application illustrates an attempt to claim ownership of virtual transactions / processes citing various games as a potential customer. This would fail for me as the Entropia Universe stipulation lacks the registered trademark symbol.


It does however, include drawings <-> situational contexts that would show you how using the situational model would not infringe intellectual property law, whilst using an engine variation to demonstrate a similar design in a similar context within a different Virtual Universe.
Pinks Taco
Doomheim
#27 - 2012-11-30 20:58:44 UTC
Eve is a hobby like bowling , fishing, and crap like that. Once you start to make money off your hobby its now called a profession. CCP doesnt want you to make money off your hobby but im usre many players do why not let the rest of us.
Borascus
#28 - 2012-11-30 21:04:22 UTC
There isn't really a withdraw function with EVE. There was a bloke that mortgaged his house to play a RMT game and actually survived.

It's too close to gambling to be relevant in EVE.
Konrad Kane
#29 - 2012-12-01 08:54:06 UTC
Cannibal Kane wrote:
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.


^ this, don't like the terms; don't use the service.
Borascus
#30 - 2012-12-01 09:42:04 UTC
Konrad Kane wrote:
Cannibal Kane wrote:
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.


^ this, don't like the terms; don't use the service.



There used to be a loophole whereby you could accept the terms for a series of patches, then choose "No I don't accept" at which point no information is relayed back to the service provider, no logs are updated with your preference and as long as you don't log in you waive the EULA on your account. Never heard of it working on an EVE account though...
SmilingVagrant
Doomheim
#31 - 2012-12-01 10:02:14 UTC
TriadSte wrote:
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.


Lets not discuss second life here. WiS was already embarrassing enough.
SmilingVagrant
Doomheim
#32 - 2012-12-01 10:02:44 UTC
Janet Patton wrote:
TriadSte wrote:
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.


It is probably Second Life. There are hundreds of people that do that. Clothing, Animations, Avatars, Buildings, Vehicles, Scripts, Ect... almost anything you can think of.


Dongs.
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