EverQuest may become embroiled in a class action lawsuit concerning players' rights to sell their characters and items. A website backed by Dennis Flanders and hosted on GravitySpot.com is posting an official announcement of intent to begin a class action suit. Flanders is soliciting names of any who wish to be co-petitioners in the suit. Click through for details.
According to the web announcement, "Both Sony and Verant have caused several auction sites to close down access to those who wish to profit from time spent playing their game. They believe that the untried EULA [End User License Agreement] gives them this right. We believe that it does not. We wish to have this tested in the US Courts." The suit does not specify damages, but at the very least it seeks to end Sony's attempts to interfere with the sale of items and characters between players.
According to a Verant spokesperson speaking with Daily Radar, "Due to continuing and severe player complaints we have asked Ebay to refrain from supporting auctions of EverQuest merchandise and characters." The spokesperson listed three reasons for denying sales including the potential for players to be defrauded, the unfair advantages gained by a select few and the breach of the EULA.
The class action notification's language implies the suit will be based on arguments that players own and can sell the result of the time they spend playing the game. According to that argument, in EverQuest, time equated to items and character levels.
In the EverQuest EULA, Sony claims ownership of all intellectual properties within the game. In the past, this claim has been extended to players' characters themselves, or at least to the characters' existence within the game world. As the notification says, Sony's EverQuest EULA, which a player must affirm each time they play the game, has not yet been challenged in court.
In the past, the EverQuest team has been generally applauded for its fair resolution to disputes. In a recent flare-up concerning a piece of fan fiction considered potentially pedophilic and that involved several characters in EverQuest, fans were outraged when the author was banned. Verant quickly eased tensions, however, by dealing directly with the author. While the author was reportedly not returning to EverQuest, both author and company came to a resolution that satisfied both.
EBay has responded to Sony's request by removing its EverQuest category. It is also reportedly hunting down and terminating individual auctions as they are discovered.