Mythic Sued Over Blocking Auctions of Game Tokens

Lukenary writes: "Mythic Entertainment, creator of the excellent MMORPG Dark Age of Camelot, is being sued by BlackSnow Interactive, owner and maintainer of CamelotExchange - an online auction site for the exchange of in-game items, money, and characters/accounts. This could be a landmark case: if you spend (typically) weeks of playing time to garner 1,000 gold in-game, do you have the right to auction off that gold for real money? Mythic has not yet had an official response to the suit, but you can read BSI's press release at the CamelotExchange site above. Personally, I find it interesting that BSI is going after DAoC, calling Mythic a "software giant," while ignoring the more established compettion in EverQuest producer Sony, Asheron's Call producer Microsoft, and Ultima Online producer Electronic Arts. Mythic's only product at this time is Dark Age of Camelot, which was released last October."

This is pretty basic ...

[SuperRob]

"Personally, I find it interesting that BSI is going after DAoC, calling Mythic a "software giant," while ignoring the more established compettion in EverQuest producer Sony, Asheron's Call producer Microsoft, and Ultima Online producer Electronic Arts."

It's not interesting. It's called going after the littlest guy you can so you have a better chance of winning. Once you win, a precedent has been set, making it easier to go for the bigger fish.

That's like Lawyering 101.

This will probably get tossed out in court.

[Xentax]

Regardless of the way BSI thinks things "should" be, there are a few very simple facts:

1) To play the game, you have to abide by the EULA.

2) The EULA specifically DISALLOWS sales of items and currency, but (at the time of writing) allows the sale of ACCOUNTS in an "as-is" fashion -- specifically, that Mythic is not responsible if such a deal goes sour, etc. If you ebay your account and the buyer gets the account banned, don't be surprised if they hold the SELLER responsible as well, etc.

Since these provisions are spelled out in the EULA, I see no merit to this lawsuit. EQ, UO, etc. were gray areas because the original agreements don't discuss out-of-band commerce relating to the game. Mythic's EULA for DAoC DOES, and that makes their position all but impregnable.

They can legitimately say that the rules are in place to preserve the physical security of the game, and to preserve the enjoyment of the player base -- something that has DIRECT economic value to the owners of the game.

The players have NO right to break those rules or work outside of them; they're both paying to play, and agreeing to abide by the set provisions of the game when they do so. If they're not happy, they can save themselves 10 bucks a month and play elsewhere.

Bottom line, it's in Mythic's best interest as the owners and providers of DAoC to not allow the sale of items and currency -- they probably shouldn't even allow the sale of accounts, in fact. It's just like a bar or nightclub -- you can pay to get in, but if you try to grope the women or sneak your friends in, you should expect to get kicked out and black-listed.

The nightclub doesn't tolerate such behavior when it's expressly forbidden, and shouldn't be required to by any means. The same applies to Dark Age of Camelot and Mythic.

Re:Sad lives

[yintercept]

I am just wondering what a cyber character will fetch you in the 2070 version of the Antique Road Show.

Re:Hoax, or stupid lawyers?

[RedWizzard]

I find it amusing that a company of "seven full-time people" has a "Director of Sales". I guess the company structure is something like:

1 x President
1 x CEO
1 x CFO
1 x CTO
1 x Director of Sales
1 x Director of Marketing
1 x Poor sap who does all the work.

Re:Why they porobably hate item/char/money auction

[cgadd]

> How pissed would you be if some little shit down the street got his parents to buy him a Level 60
> character for his birthday and he goes around boasting about it?

Sort of like the kid currently on Battlebots who bought his robot on Ebay......

Re:The Right to flip the Bits

[Schubert]

"But then, this is Microsoft logic. Sort of like buying the keys to a car, but not being able to let anyone else use the car."

Hello! welcome to the WORLD OF COMMERCIAL SOFTWARE! Did you sleep through the 1980's and 1990's? Flunk out of your macroeconomics class? Live in a small sovereign communist nation for the past 30 years? Well then boy are YOU in for a SURPRISE!

It's NEW! It's TRENDY! It's ON THE CUTTING EDGE! What is it? CAPITALISM! ("Yay capitalism!") This wonderful new concept where you can CREATE SOMETHING and then SELL IT HOWEVER YOU WANT WITHIN REASON CAUSE YOU OWN THE DAMN THING.

Comparing cars to microsoft (aka per-seat license software) is more brain damaging of a thought then a bucket full of lead paint. You probably could have made a less WEAKer ANALOGY by saying that This is like a bucket of horse piss thrown onto wet dog... namely: IT MAKES NO GOD DAMN SENSE. When you buy a car, you're buying the damn car, not the privalege to sit in the drivers seat... for what you pay GM doesn't give a rats ass if you curl up in a fetal position and suck your thumb in the TRUNK. They don't care, thats not what the agreement was when you bought the car. You bought the car to use it however you want (within reason.. namely you cannot buy a car, reverse engineer it and sell it as Schubert Motor's(TM) SexMobile)...

As with someone like microsoft and say office xp and a per seat license... well JEE GUESS WHAT... PER SEAT means *drum roll* PER SEAT! *tada* If you're somehow implying all of their software or most or all commercial software is as restrictive as per-seat you better lay off the lead paint.

-- schubert

Re:You have to look at it from both sides.

[sabinm]

I've never played one of these games before but imagine this.

CharmScalper: So, we meet at the specified location.

CharmBuyer: cut to the chase, Mack, you got the goods?

CharmScalper: You got the cash?

CharmBuyer: Yes, 500USD. It's already in the account.

CharmScalper: Alright here are the goods. [CharmScalper drops the goods on the ground, and points Spear/Sword/Gun/MagicMissles at CharmBuyer.

CharmBuyer: But, But, we had a deal!

CharmScalper: Hasta La Vista, Baby! [CharmScalper carves up CharmBuyer and steals Item (now, I have no idea if you keep the loot after a kill or not. just go with me here). :)

CharmBuyer: [Crying at his Desktop.] I'm calling the cops! I've been robbed! [dials police 911]
Officer, I'd like to report an armed robbery.[Explains that he was held at magicmissle point and his Cloak of Radiance was stolen

911/FederalBeeEye: OK, sir, you say the assailant was armed?

CharmBuyer:Yes

911/FBE: with magic missles?

CharmBuyer: Yes!!!!!!

911/FBE: What did the assailant look like.

CharmBuyer: Ok, he was 75 pixels tall, he had a Sword of Ultimate chaos, and a helmet of confusion, and a cloak of invisibility!

911/FBE: CLICK

Re:You have to look at it from both sides.

[Happy go Lucky]

911/FBE: CLICK

I'd love to take that report.

"Sir, help me understand this a little better. You met "Charmscalper" at the Dragon and Orc tavern. You each drank two flagons of mead. He then shot you with a "magic missile," carved up your body, and stole your Cloak of Radiance and five hundred dollars. And he's about 75 pixels tall. Male? Female? Human? Hobgoblin? Any scars, marks, tattoos, anything like that? What was he wearing? What color eyes? Hair? Could you describe his voice? Anything special about his voice, accent, anything like that? We'll keep an eye out for him." (Aside to my partner: 'What caliber are magic missiles? Will they go through our vests?")

I wouldn't hang up on him. Oh, no. I'd take the report and add it to the briefing book. I'd make sure this story NEVER died!

It's even better than the guy who called us last year to complain: "I just bought an ounce that this guy said was kind shit, but it's pure skunk! I was ripped off!"