Virtually Unconscionable: How the Video Game Industry is Slowly Stripping Away Your Rights through Licensing Agreements

Abstract:     
Massively Multiplayer Online Games ("MMOGs") are a unique genre of video game in that they tend to emphasize social interaction at least as much as pure achievement. Several academic papers have been devoted entirely to the social interactions of gamers within MMOGs; due to this unique modus operandi, MMOG players may enjoy arguments against the enforceability of license agreements beyond those traditionally available to players of other video game genres. This Comment explores unconscionability and public policy arguments against the enforcement of many terms of these End User License and Terms of Use Agreements common to most MMOGs.

Keywords: license agreements, MMO, MMORPG, MMOG, massively multiplayer online games, contracts, unconscionable, MMOs, MMOGs, MMORPGs, world of warcraft, WoW, unconscionability, EULA, TOU, end user license agreement, terms of use, terms of use agreement

Working Paper Series