In Jack M. Balkin's article, Virtual Liberty: Freedom to Design and Freedom to Play in Virtual Worlds
Balkin makes some interesting points about intellectual property rights in Virtual Worlds. He states, “Strong intellectual property rights in virtual worlds, however, are a positive nuisance, and may greatly inhibit the freedom to play as well as the freedom of players to design parts of the virtual world...Ironically, perhaps, a EULA that requires all players to surrender all rights to intellectual property in the game space may actually promote the right to play better than allowing players to hold traditional intellectual property rights in what they create in the virtual world.” The developer retaining all intellectual property rights to things created in game potentially stops players from using property rights to inhibit other players from their right to play. The only problem with this is that it requires game developers to continue their role as benevolent dictators of the game space, and not use the intellectual property rights to limit players freedom to play. Game developers take different approaches to how they control intellectual property in their games.
The approach Eve Online takes to property rights and what I believe is the most common approach across game developers is that the makers of Eve CCP own absolutely everything in the game. CCP takes a very strong stance on property rights in Eve Online. CCP retains the full rights to your character, account and any in game items you acquire while playing. CCP can take any of these things from you at any time for any reason. Not only does CCP retain the rights to all of the in game items and money on your account they also retain all the rights to your communications within Eve. The section of the EULA that really clinches their policy is, “You hereby grant CCP an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of your User Content, in any medium now known or hereafter developed.” They even retain the rights to use player's content in future future mediums.
The developers of World of Warcraft, Blizzard entertainment take a similar approach to copyright protection as CCP the developers of Eve Online. Blizzard is not quite as draconian as CCP in their intellectual property claims. Blizzard claims all rights rights to the game and demands that players acquire all virtual goods in the game fairly. Blizzard also makes it clear they are not liable for the loss of any player's in-game items/currency. Blizzard makes no claim to the rights of their players in-game communications but does allow themselves to monitor players communications as well as computer performance to control inappropriate communications/software use. The effect of this is a very similar game experience/governance system to CCP. Blizzard can still monitor what their players do and seize their virtual items/currency. The WoW EULA is just not as explicit as the CCP EULA.
Linden Labs handles intellectual property rights in a very different way from CCP and Blizzard, this is because the Second Life virtual world is a very different space from the CCP and Blizzard worlds and Linden Lab has created a world with very different experience for their users. Linden Lab states in their EULA that players retain the rights to what they create in Second Life. This property cannot be taken from its creator against their will by other players but Linden Lab reserves the right to take the property themselves. Users cannot take Linden Lab's intellectual property and Linden Lab places restrictions of what sort of content users can create, barring things that are obscene, illegal or discriminatory in real life from being created. While the SL EULA gives players protections from eachother it gives no protection to the players from Linden Lab. I see the SL EULA as being sinister in a way. They create a world where players have protections from each other but absolutely no protection from Linden Lab, a more diabolical company might steal content from users and utilize it to increase profits. Linden Lab retains the exact same benevolent dictator governance system as Blizzard and CCP.
The Minecraft EULA is easily my favorite EULA of the four. The only rules that the creators of Minecraft dictate in regards to intellectual property are that they politely ask users not to distribute copies of the game and that users are free to create tools/plugins for the game but that they may not distribute these tools and plugins. I really like Mojang's solution to the issues of copyright protection. They lay out a ground rule that their software cannot be freely distributed which is entirely reasonable given that they are a business. They allow users to freely build upon the world they have created. Their policy allows users to pursue their own creative desires to the fullest but stops anyone from monetizing their creativity. I am sure this policy is a disappointment for users who wish to use new and interesting tools/plugins and would be happy to pay for them and/or do not know how to create them. The policy is excellent for maintaining the fun/integrity of their virtual space and they keep the commoditization out of their world while allowing creativity to flourish on an individual level. I find the Minecraft EULA to be the most innovative of the bunch, Mojang maintains the integrity of their virtual space without controlling everything that goes on inside of it, giving players the utmost in freedom to play without inviting real world governments inside.
GG
DPS-GAMER