Legal Question in Technology Law in Georgia

Virtual assets within a virtual community

I am a participant in one of the many on-line communities, in this case an on-line game. There is a debate about the value of "virtual assets", that is, assets developed within the virtual community.

Specifically, this is the scenerio:

1. An on-line presence (character) is created. The user pays the game provider a monthly fee to play the game on-line.

2. Within the game, the character performs tasks that earns virtual money (used only for that game).

3. Over time, enough money can be accumulated to purchase virtual items (such as houses, towers, castles, etc.).

Because of the scarcity of some items, an market has developed (using Internet auctions) in which users sell their accounts that contain these items for actual currency. A "castle", for example, might go on auction for $500.00 U.S.

The question is: Does the game provider own the "virtual items", or does the user who plays the game? Specifically, if the game provider cancels the user's account, does the user have a right to claim ownership, based upon a purchase, of a virtual asset that has developed an actual value?

Thank you.

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