Abstrak: This paper explores the tension between End User License Agreements (EULAs) which traditionally define virtual items as licensed services, and emerging case law that increasingly treats them as personal property with tangible value.
The Shift in Judicial Sentiment
Our research indicates a shifting judicial sentiment in the EU regarding the resale rights of digital goods. Following the precedent set by UsedSoft v. Oracle, we argue that 'tokenized' items that can be traded on secondary markets may soon be subject to the doctrine of exhaustion.
Implications for MMO Economies
We analyze three potential regulatory futures: status quo, strict regulation (classifying loot boxes as gambling), and a middle ground of 'digital consumer rights' that guarantees ownership portability. For studios, this means the current model of 'revocable license' may effectively be dead within 5 years.