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I am an intellectual property lawyer in Palo Alto, CA, where I specialize in interactive media. What this means is that I get a pat on the back when I play World of Warcraft at work. Yea-uh! I am also Editor-in-chief and founder of Bloggey Kong, a blog dedicated to tracking legal developments in Interactive Media.

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Are Virtual Items Worth Nothing?
Joseph Gabaeff | 6:50 PM on 02.05.2008 21 comments




Blaine, WI resident, Geoff Luurs fell victim to a heinous crime. His "friend" obtained his user name and password and wiped his FFXI account clean. Luurs did the math and claims that he lost over $3800 worth of virtual property (and subsequently, his girlfriend [j/k people with $4k worth of good in FFXI don't have girlfriends]). He called the police, but they did nothing because they believe that the goods have no real value. No real value! no real value! Dammit, my gil is worth something!

However, if the government begins recognizing virtual items as having real value, then the next logical step would be to tax them. It would not make sense otherwise. It is akin to the "don't give licenses to illegals" argument in the sense that one arm of the government (police saying the virtual goods have worth) to take an opposite stance to another arm of the government (the IRS saying they have no worth). The thing that perplexes me though is that it seems well-settled to me that this stuff has value. While it may not have a physical manifestation, there are still people who are willing to buy 'worthless' virtual items - if a WoW gift card came out that only had an azure dragon whelp pet, I bet people would buy it. Virtual goods are commodities.

While I agree that the tax implications are mind-boggling, and surely going to be a pain to gamers everywhere, virtual goods will be eventually thought of the way they should be, as valuable property, for better or worse.

What do you think?

Bloggey Kong



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19 comments | showing # 1 to 19
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notdryad's Avatar - Comment posted on 02/05/2008 19:22
notdryad
His "friend" obtained his account info? So he shared his info with the supposed friend? Yeah, this is why you never share your info.
Chaosye's Avatar - Comment posted on 02/05/2008 19:22
Chaosye
FUCK NO.
Chaosye's Avatar - Comment posted on 02/05/2008 19:24
Chaosye
And by Fuck No, I mean that they are not worth anything at all.
Thank you very much.
frozenbabylon's Avatar - Comment posted on 02/05/2008 19:26
frozenbabylon
If you start assigning real world value to equipment and gold in MMORPGs, You're going to get alot more people wanting to `cash out` that value.

This happens in Second Life where they actually have a real world value for money in that game. the result? People make businesses on there and don't actually play the game for more then a little bit. A time ratio of something like 6 to 1. Six hours making items to sell for every one hour playing the stupid game.

I wouldn't want to see MMOs drop into that sort of cesspool.
Axion22's Avatar - Comment posted on 02/05/2008 19:43
Axion22
What something is worth is a matter of perspective.

The police are not doing their job, as property has been stolen and they are doing nothing about it.
SourGr8pes's Avatar - Comment posted on 02/05/2008 19:47
SourGr8pes
There's no way you could place a set value on stolen virtual items, seeing that MMO economies fluctuate wildly. Your epic sword you got from months of raiding could become outdated at the next patch, or even to the level of vendor trash.

Wouldn't it be more practical to charge a crime for unauthorized login and vandalism, instead of placing an unpredictable monetary value on items?
Joseph Gabaeff's Avatar - Comment posted on 02/05/2008 19:55
Joseph Gabaeff
SourGr8pes - I like the vandalism angle, but what if the 'friend' was found guilty and then sued by the original owner for destroying your property, i.e. suing for money damages. Plus, if you admit it is vandalism, a worthless object cannot be vandalized, or can it...
Eschatos's Avatar - Comment posted on 02/05/2008 20:08
Eschatos
It's worth money but if the government agrees to that, then they're going to want a piece of the pie a.k.a taxes. I'll stick with the tried and true "don't give people your password you dumbfuck" method.
Aaron Mxy Yost's Avatar - Comment posted on 02/05/2008 20:08
Aaron Mxy Yost
Virtual items only have monetary value if you can find someone stupid enough to pay you for them.
Seth338's Avatar - Comment posted on 02/05/2008 20:21
Seth338
This is solved by a simple fact.

The TOS you agree to when you enter the game plainly states that the items and money have no real world value.

Any of this hits a court and that alone will get it thrown out.
Seth338's Avatar - Comment posted on 02/05/2008 20:24
Seth338
I mean it doesn't matter if a person perceives value in something, or even if they are willing to part with cold hard cash for it. If you sign a contract agreeing that it has no value then it simply doesn't.

If the person who coded those 1s and 0s say it has no value beyond the subscription price then it doesn't.
Aaron Mxy Yost's Avatar - Comment posted on 02/05/2008 21:00
Aaron Mxy Yost
I just came back to say your banner is awesome. Can't believe I overlooked that before.
SourGr8pes's Avatar - Comment posted on 02/05/2008 21:18
SourGr8pes
Hmm, you're right about vandalizing an object that has no value... But what kind of crime can be charged for some kind of unauthorized login (which IMO would be akin to real life trespassing or breaking and entering).
If you don't set rules and laws for these kind of things, people are going to habitually do them and thumb their nose in the face of deceny.
MaxVest's Avatar - Comment posted on 02/05/2008 21:38
MaxVest
If a person owns virtual property, and there is a ready market for that property, it would be tough to argue that there's no value. Value exists when people will pay for something.

Seth388 mentions the Terms of Service, and while I disagree with his analysis (contracts can have all sorts of terms, but if those terms are illegal or unconscionable, they're not binding), I think he raises a good point -- let's look at the ToS. If Mr. Luurs is merely a licensee of Blizzard's service, and has no claim to ownership of the virtual property, then he can't claim that his property rights were violated by the theft even if he could sell the in-game assets. Under the terms of the contract, he would be attempting to sell goods that don't belong to him, and Doc Brown would frown on that.
taumpytears's Avatar - Comment posted on 02/05/2008 22:00
taumpytears
Smug Bastard, thats what you are.
itemforty's Avatar - Comment posted on 02/05/2008 23:07
itemforty
No, we aren't worth anything.
MaxVest's Avatar - Comment posted on 02/05/2008 23:18
MaxVest
Not even forty of them?
JRisJunior's Avatar - Comment posted on 02/06/2008 01:33
JRisJunior
if you share your info online you deserve to get thowmped upon. the dumbass made that mistake, everything else is all his own fault. if he didn't share his info, he wouldn't be in this situation.

game. set. MATCH.
pbink's Avatar - Comment posted on 02/06/2008 16:42
pbink
Hmm...idiot, he should have saved up another month's worth of virtual cash to buy a virtual alarm. Noobs are so gay.
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