Man Files First Player-Launched Suit Against “Gold Farmers”

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If there exists a segment of the population more vocal and protective of their hobby than gamers, I would love to meet them. No longer content with complaining on forums and signing meaningless Internet petitions, Antonio Hernandez, a former Orlando-area video game store assistant manager, has taken his grievances to court.

Hernandez, an avid World of Warcraft player, has filed suit against Internet Gaming Entertainment, Ltd. (“IGE”) in Fort Lauderdale, FL.  Hernandez claims that IGE’s practice of gold farming diminishes the enjoyment and satisfaction of consumers and violates the World of Warcraft Terms of Service.  Hernandez ultimately argues that gold farmers damage the game’s economy by forcing legitimate players to spend more time earning the virtual currency that is necessary to improve their in-game personas.   Hernandez’s suit claims that “[t]his loss of time, conservatively, amounts to hundreds of thousands of hours of subscriber time and causes the irreparable harm of driving subscribers away from ‘World of Warcraft’ . . . .  The economic harm incurred by this loss of time is in the millions of dollars.”

In response, IGE claims that:

Hernandez and other players have no standing to sue because they have no ownership or property rights within “World of Warcraft.” Hernandez’s lawsuit fails to show how he suffered actual damages[.]

Interestingly, if IGE is correct and World of Warcraft players have no ownership or property rights within World of Warcraft, one must wonder how IGE is able to sell in-game assets for real-world currency in the first place.

What makes this case interesting is that it’s the first time a player has filed a lawsuit in response to “real money trading” in a virtual world.  Hernandz also hopes to make this the first class-action lawsuit involving online role-playing games.

When asked about the litigation, Paul Sams, Blizzard Entertainment’s Chief Operating Officer, commented:

We believe that shutting down gold farming and real-money transfer is in the interest of all ‘World of Warcraft’ players and that a victory in this case would have a positive long-term effect on the online gaming industry as a whole.

For more about this pending litigation:

Sarasota HeraldTribune
Justia