Avatar: From Deity to Corporate Property - A Philosophical Inquiry into Digital Property in Online Games

Abstract

The focal point in this paper is our virtual selves, the avatars with which we interact with others in online virtual environments. The dispute is growing as to whom these digital manifestations belong to. The dispute is in part due to the ability of the technology to transfer the avatars and also in part on the desire of the software manufacturers to enforce the end user license agreements. These licenses do not follow contract theory but have been enforced by the courts. Despite the actions of the court their validity as a whole is still questionable. This paper contains descriptions of the disputed objects and presents the arguments of both sides. There is also a presentation of the law regulating the area and its rationale, strengths and weaknesses. Then there follows a critique of the law as it is and a presentation of what the law could, and indeed in some cases, should be. In the conclusion this work both describes the importance of this issue and what is at stake if an equitable and reasonably balanced solution to the collective rights cannot be found.

Keywords: MMORPG, Intellectual Property Rights, Avatars, Law, Computer Games, Eula & Shrinkwrap licence

JEL Classification: K12, O34