Leave Those Orcs Alone: Property Rights in Virtual Worlds By Kevin Deenihan1
[email protected] I. Summary Over the past decade new societies built by millions of people have sprung up in the online world. Their inhabitants buy goods, trade with each other, and form complex self-regulating organizations and economic systems. Many of the academics who observed these new societies argued for treating their virtual acquisitions and disputes as subject to a real world legal system. However, the companies who create and run these worlds have already evolved a sophisticated quasi-legal system through the use of the End-User License Agreement and informal mechanisms of negotiation. In addition, the role that virtual property plays in an online world differs substantially from the role of real world property. Players and their characters earn virtual property to socialize, for fun, or for status, not for protection or investment. Shoehorning in a legal system that protects investment and ignores the value of fun and communality would do terrible violence to these societies. Far better utility results from allowing users and developers to continue elaborating on their quasi-legal systems in peace. II. Virtual Worlds and the Property Problem Virtual Worlds have gradually evolved from technical advances in networking technology to full- fledged replications of the works of JRR Tolkien and games like Dungeons and Dragons.1 In the late 1970s, innovators in computer technology made possible shared virtual spaces, where more then one player could interact with the online world and with each other.2 Eventually, programmers took the next step from text-only spaces to the development of an “avatar,” a graphical icon under their control.3 As 1 I am indebted to my advisor, Professor Stout, my wife Lia, Professor Bartle, Mr.