Chinese Gamer Wins Suit Over In-Game Item Loss

[The Straight Story]

Chinese Gamer Wins Suit Over In-Game Item Loss
By Earnest Cavalli EmailDecember 31, 2007 | 4:05:04 PMCategories: Legal Matters

A Chinese court has ordered MMO publisher Shanda Interactive Entertainment to pay the equivalent of $680 USD to a player in its MMO World Of Legend for the loss of virtual items.

The items were taken by Shanda as part of a police investigation regarding the sale of stolen items. Despite police instruction, Shanda failed to return the items to after the investigation had concluded.

The gamer plans to return to court to sue Shanda for the roughly $20,000 USD he has spent on the game over the previous five years.

There has been a lot of speculation over what effect virtual items would have on the court system ever since the advent of the MMO, and it's interesting to see a court of law (even one outside the US) treat these fictional creations as they would a real Sword Of Elf Slaying. It remains to be seen which direction American courts will go on this controversial issue, but you can be sure such claims will go before a judge here in The States sooner rather than later.

http://blog.wired.com/games/2007/12/chinese-gamer-s.html

[annabanana]

1. It was bound to happen sometime...

I wonder what it would look like if it went to court "online"...

[TechBear_Seattle]

2. People have tried to bring similar suits in the US

But US courts have consistently refused to give such cases standing to proceed. The Terms of Service, to which all players must agree each time they log on to the game, states very clearly and with no ambiguity that all in-game objects are entirely and solely the property of the game and NOT the player. And speaking as a long-time player of MMORPGs, I sincerely hope it remains that way: the potential litigation from digruntled players who are caught cheating will shut down World of Warcraft and every other such game within a matter of hours.

Edited for clarity.

[walldude]

3. Whatever I personally think of it, in-game items have

become moneymakers in the real world. People actually make a living selling in-game items, gold and real estate. There are actually "gold farmers" who make a living gathering and selling in-game gold for real money. Of course IMHO a lawsuit seems a bit frivolous but expect to see more of this in the future..