Intellectual Property and Gender Implications in Online Games
ARTICLES PRETENDING WITHOUT A LICENSE: INTELLECTUAL PROPERTY AND GENDER IMPLICATIONS IN ONLINE GAMES CASEY FIESLER+ I.Introduction............................. .................. 1 II.Pretending and Storytelling in Borrowed Worlds ....... .......... 4 A. Role Playing in the Sand............................ 7 B. Women in the Sandbox ..................... 10 C. Building Virtual Sandcastles............... .......... 13 III.Pretending Without a License ....................... 19 A. Fanwork and Copyright ............ .. ............. 19 B. The Problem with Play........................... 25 C. Paper Doll Princesses and Virtual Castles.................... 26 IV.The Future of Pretending ................................ 31 A. Virtual Paper Dolls .................................... 31 B. Virtual Sandboxes .......................... 32 V.Conclusion .............................................. 33 "It beats playing with regular Barbies."' I. INTRODUCTION According to media accounts, it is only in the past decade or so that video-game designers begun to appreciate the growing female gamer demographic.2 Though the common strategy for targeting these consumers I PhD Candidate, Human-Centered Computing, Georgia Institute of Technology. JD, Vanderbilt University Law School, 2009. An early draft of this article was presented at the 2009 IP/Gender Symposium at American Law School; the author wishes to thank the participants for their valuable input, as well as Professor Steven Hetcher of Vanderbilt Law School. ' A statement by 9-year-old Presleigh, who would rather play with dolls on a website called Cartoon Doll Emporium. Matt Richtel & Brad Stone, Logging On, Playing Dolls, N.Y. TIMES, June 6, 2007, at Cl. 2 E.g., Tina Arons, Gamer Girls: More females flocking to video games, DAILY I 2 BUFFALO INTELLECTUAL PROPERTY LAWJOURNAL Vol. IX seems to be to make pink consoles and games about fashion design,' there is a growing recognition of trends that indicate gender differences in gaming style.
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