RMT and U.S. Law

Gamers,

At the time of this writing, U.S. law is uncertainly clear regarding intellectual property rights in the field of MMORPGs.

Some argue that individual property rights belong to people who play the game and spend time developing, enhancing, and building characters. Others argue that no profit should be earned, based on the creative rights of the software providers who create the game environment.

I can see both points of view.

If I were to create a company, based on a brand, image, and creative concept, I would be unsettled if people were profiting from sales of derivative items based on my creation.

However, suppose I am a gamer who has spent substantial time building a game character. As a free individual, do I have the right to give my character to someone else, perhaps a sibling or friend? Or does the character fully belong to the game company, without exception, regardless of time or value invested into the character?

My personal belief is that the resulting value of any character is a combination of both the software creator, along with the individual who has spent time developing and enhancing the character. I don't think it completely belongs to either party. It seems to me the similarity between a landlord and tenant of rental property. There is certainly a shared ownership within the relationship.

One without the other is an empty equation. Neither side can benefit without the other.