[MUD-Dev] Blacksnow revisted

Caliban Tiresias Darklock caliban at darklock.com
Mon Apr 1 07:11:21 New Zealand Daylight Time 2002


From: <amanda at alfar.com>
> "Caliban Tiresias Darklock" <caliban at darklock.com> wrote:

>> If the license cannot legally forbid players to do something, it
>> does not matter whether it forbids doing that or not.

> True; but conversely, if the license explicitly permits something
> (Mythic banning accounts based on behavior, at its option), then
> it does not matter whether or not BlackSnow is inconvenienced by
> this.

I do not dispute and have never disputed that Mythic can close their
accounts.

>> Mythic can't say that. It's beyond their rights as a vendor of
>> goods and services. You can't sell me a product on the condition
>> that I don't do certain things with it after I own it,

> Of course I can.

Not without a specific individual contract, which does not exist in
the case of a software service or a CD sale, but DOES exist in the
case of real estate. The CD sale example you provide seems to forget
that the CD manufacturer doesn't say you can't do these things, the
LAW says you can't do them. The manufacturer may not further add
that you can't listen to track 4 in your car stereo. In the case of
real estate, anyone who thinks getting an account on a MMORPG is
like buying real estate needs a reality check.

>> and you can't sell me a service on the condition that I *don't*
>> purchase certain services from others. These are anticompetitive
>> practices. So even if Mythic's EULA says things like that, it
>> can't legally enforce them.

> Anticompetitive practices are not illegal in and of themselves.
> If I buy a ticket to see a movie, they can can will kick me out if
> I bring in outside food, a video camera, etc.  They are perfectly
> within their legal rights in doing so.

But that's not anticompetitive. You may say that I can't eat these
things in your theatre, but you can't say I'm not allowed to eat
them or buy them at all.

> Mythic sells you a ticket to their amusement park.  One of the
> conditions of that sale is that you abide by the posted
> regulations of that park, and that they may remove you from the
> park at any time if they do not like your behavior.  This is
> completely legal.

But they *cannot* come out of the park and disrupt my personal life,
like cancelling my auctions on eBay. If the amusement park sent
people to my house to make sure I was abiding by the rules there, it
would be harassment.


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