Online Identities and The Market
An online identity that has acquired an excellent reputation is valuable for two reasons: first, one or more persons invested a great deal of time and effort to build the identity's reputation; and second, other users look to the identity's reputation as they try to decide whether it is sufficiently trustworthy. It is therefore unsurprising that online identities have been put up for sale at online auction sites. However, conflicts arise over the ownership of online identities. Recently, a user of a massively multiplayer online game called Everquest, which is owned by Sony Online Entertainment, Inc., attempted to sell his Everquest identity on eBay. Sony objected, asserting that the character is Sony's intellectual property, and demanded the removal of the auction; under the terms of the U.S. Digital Millennium Copyright Act (DMCA), eBay could have become a party to a copyright infringement lawsuit if it failed to comply. Left unresolved is a fundamental question: Who owns an online identity created at a commercial Web site? Does an online identity belong to the person who created it, or to the company that owns the software used to create the identity?
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