I made a post to GamesLaw recently discussing the recent MDY v. Blizzard decision from last week.
As I hit crunchtime for my hopefully forthcoming law review Comment, I am increasingly infuriated with the insane power afforded to software developers.
Why is it so difficult to argue that a contract term like, “we reserve the right to invalidate this agreement at any time, for any reason” should not be enforceable? Sure, if I don’t like the contract, I could go elsewhere. But could I, really? What if the vast majority of my friends play World of Warcraft (what else would they be playing, Age of Conan?) If that is the case, then I either play a game with my friends or I don’t.
One of my favorite IP professors would vehemently disagree with me, arguing that because IP rights are intangible, the only means by which an IP holder can take advantage of his rights is through exerting control over the flow of the IP. I still think that’s crap. There should be some minimum expecation attached to paying money for software. I probably don’t expect to have a copyright interest (though I may if I do enough work) but shouldn’t I be able to anticipate that my product will keep working for a reasonable amount of time?
This is essentially the basis for my proposed Penn State Law Review Comment, so if you find this topic fascinating, keep an eye on LG for status updates.
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