Court Rejects Divorce Case Claim to Virtual Property

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Court Rejects Divorce Case Claim to Virtual Property


A judge in China has denied a request from a woman divorcing her husband to divide the virtual assets they earned together over the course of their marriage.

Marriage is like an English sports car. When it's good, it's great, but when something breaks down - which happens with alarming frequency - it costs huge piles of money and makes you wonder why you ever traded in in your perfectly good little Toyota of sweet freedom in the first place. But one thing your soon-to-be-former spouse won't be able to drive away with, at least in China, are all those things you've picked up over the years that don't actually take up any parking space in the real world.

As part of their divorce proceedings, a Chinese woman requested that virtual assets earned by her and her husband over the course of their marriage be divided along with the rest of their property. The couple met in an online game and married near the end of 2008, and continued to play the games under a single account registered in the husband's name. When the split came, the man refused to give his wife what she believed to be her share of the virtual property, leading to her petition. But a Beijing court rejected the request, declaring that such matters can only be decided by the law "when virtual assets are related to the real world, such as when they have been valued with real currencies."

Of course, an awful lot of virtual property is valued with real currency, but whether that's the case in the games this couple was playing isn't known. The ruling would, however, appear to open the door to some interesting future arguments over the division of virtual property that does have real-world valuation.

According to the China Daily [http://www.chinadaily.com.cn/china/2010-12/27/content_11761509.htm] report, the couple had difficulty transitioning their blissful in-game togetherness to a real-life marriage. Each blamed the other for being lazy with the housework, until finally the wife couldn't take it anymore and filed for divorce. Probably a lesson to be learned in there somewhere.


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Stabby Joe

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Jul 30, 2008
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Why is it always that region of the world where virtual life equals real life to some people? If they had a virtual child, how would custody work?

Random.
 

BlueGlowstick

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Nov 18, 2010
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WHAT IS THIS, THE SIMS?!

sheesh!! go to a virtual judge to settle your virtual claims over your virtual property and your virtual CAR! lmao!!
 
Apr 28, 2008
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"Wuv, twue wuv..."

Anyway, I find the whole thing kind of silly. Guess now I know never to share an account with someone.
 

AndrewC

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Jun 24, 2010
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Obviously it didn't work out.

Neither of them were wearing a +42 Ring of Marriage!

But really, it's just stupid.
 

Woodsey

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Aug 9, 2009
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If this was in something like Second Life then it should be taken into consideration, but if it's their loot from WoW then that's tough luck.
 

Loonerinoes

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Apr 9, 2009
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Now THIS is hardcoar!

But really...one of the finest examples of a loss of perspective. And you thought the wife making off with your apartment was bad! Just think of all those shiny purpz in her grubby little hands!

*rolls eyes*
 

twistedheat15

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Sep 29, 2010
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Damn women! It's bad enough you take a mans soul during marriage, but do you have to take his +1 equipment too?!
 

Blind0bserver

Blatant Narcissist
Mar 31, 2008
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From a legal standpoint alone (for people who actually care to think about such things) this actually sets a fairly interesting precedent. Well, sets a precedent in China, so it doesn't effect the vast majority of us, but a precedent nevertheless. In the future when other silly cases like this goes to court the game/virtual environment that they refer to might actually help make the case valid.

I know with the "PLEX" system in EVE that lets you pay your subscription with in-game money (ISK) that game has a direct comparison to what it's in-game currency is worth in real-world money. Those occasional news stories we see around here about (x) group destroying $60,000 worth of (y) group's property isn't just hyperbole, that's exactly how much all of those fancy spaceships and other now-exploded things costs after you factor in the exchange rate.

If I remember correctly you can buy entire "islands" in Second Life and also sell virtual items to make real-world money, so that one's in the same boat as EVE. Countless others probably are as well.

... just a little something to keep in mind if your relationship with your game-savvy spouse starts to go south...
 

Pipotchi

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Jan 17, 2008
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Irridium said:
"Wuv, twue wuv..."

Anyway, I find the whole thing kind of silly. Guess now I know never to share an account with someone.
Mwarriage is what binds us ..... tgwether.

Do you have... the wing?
 
Oct 14, 2010
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Two people who sit in front of an online game long enough to develop a serious online relationship then discover neither of them wants to make time to do the housework.

Duh?
 

Therumancer

Citation Needed
Nov 28, 2007
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Well, I can see the issue, especially in China where apparently trade in virtual property has been a big business for a while. All those gold sales and such apparently add up, and there have been some exposes on it. That said, the judge is correct that not all games translate into material with a market value, and on top of that in most games the "soulbinding" of objects means they can't be traded without the direct assistance of those running the game, and I doubt even China is nutty enough to want to try and establish precedent by which the goverment can force MMORPG companies to transfer property as a result of legal proceedings.

As far as the basic arguement about housework and such goes, well yeah, hardcore gamers are not known for their pleasant living conditions. It's kind of legendary, and two of them getting together shouldn't be expecting the other one to pretty much fall into the niche of wanting to keep house. In China however I can see where there are still domestic expectations given the way the culture is. It makes me wonder about other details of the divorce proceeding (based on other things I've read) and how many demands the lady in question can actually make here, given that I believe it could still be argued that legally she didn't fulfill some of her responsibilities. Or at least according to some things I've read talking about how much women's lib in China still needs to make (but that could also be rhetoric from misinformed Feminists as well).

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I don't play Second Life, but found the technology interesting. Second Life involves renting virtual land/storage space from the company. It includes a set of tools where pretty much anything you can think of can be created, however to remain in the game world if it's sizable you need to be paying for the space to lock it into existance. The nature of the economy being that since some people are far better artists than others, they can sell their creations to other people in exchange for in-game currency. This in-game currency can also be traded for real money through the company, basically gold sales under corperate control so to speak. As a result someone can buy lindens for money on the market, use it to buy a product in game, and then the seller can sell them for real money again.

This has lead to a system where people who can make avatar apperances, virtual buildings, sex animations, and everything else can sell their work for money to the less creative if they want it. Also the fact that the game captured the imagination of a lot of people, including goverments who have done things like build embassies, and schools who have created virtual classrooms, meant that you wound up with a lot of fairly wealthy people and organizations rending large amounts of space and wanting it developed for a prescence. This meant artists who could develop entire islands and buildings could sell those creations for some big bucks. Some enterprising developers having done things like paying a thousand dollars a month for an island, which they would build up, and then sell the finished product to someone else for thousands of dollars, and the knowlege they would have to pay the upkeep.

The nature of the game is also one where you see (or rather saw, before the crackdowns and Linden wrecking a lot of what remained of their aging game) virtual prostitution as a driving force in the economy. Or more accuratly THE driving force the economy. Simply put people would pay money to buy attractive avatars, sexually oriented items, and custom animation and then sell virtual cartoon sex and hot chat to pervs who would login to the game and buy the service using Lindens they paid for. Sort of like an online 900 number. Being what it was, this largely turned into a haven for people to "get" things they couldn't in real life. "Ageplay" being a big deal. Basically you'd get sexualized little girls and boys being created complete with interactive animations and every warped "toy" you could think of, frequently combined with a real child or someone who could pass as one verbally over a voice chat service, selling their time. The Pedo-crackdowns on Second Life in paticular
were a fairly big deal over the internet when they happened.

With rare exception Second Life basically consisted in a practical sense of people producing areas, people selling themselves to buy them (and perhaps buying those areas to expand their business), "night clubs" which would charge for admission so people could meet and sell sexual services when they couldn't afford their own areas, and of course islands and large buildings paid for by schools, or various nations wanting virtual embassies there. The exceptions included people trying to do things like build adventure games and such into Second Life, but the sheer cost of renting space on a large scale made such things impractical.

At any rate if your ever interested in Second Life, the best place to look for information on what it actually is like in a practical sense is probably Something Awful's "Second Life Safari" where they made a big thing out of trolling the game and recording it. Sifting through the humor, you can get a pretty good idea of what it is, how it makes money, and why the goons felt the need to harass it. Looking up things like "Fort Longcat" can also provide a decent amount of information as well.

I've never been involved, though I found he idea interesting, and see the possibilities for the technology (especially upgraded) interesting, along with the way things like "Destroy TV" functioned when they first appeared.

If someone could find a way of producing "Second Life" without all the policing it eventually saw (sexual perversion aside, freedom for everything including that is appealing), and a way of providing enough space to users so it wouldn't be a gigantic cash sink for anyone to do anything worthwhile, and thus produce a constant pressure to make or spend money off of everything, it would be really awesome. At one time this is what "Playstation Home" was slated to be, but those plans never worked out as Sony just didn't have the guts to do it, being afraid of the content people would make, or the way they would use tools even as simple as the promised video streaming. Then again a lot of it also probably had to do with the simple fact that in an enviroment where players can create anything they want in a persistant world, there wouldn't be many ways for them to make money off of items sales and such.
 

Altorin

Jack of No Trades
May 16, 2008
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bet she wishes she met him on Eve Online

Then again, I doubt many romances blossom in that cold dead galaxy.
 

FROGGEman2

Queen of France
Mar 14, 2009
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...And a screenshot from The Goodies (zuh?)

Yes, silly is a good word for it.

Also, Therumancer. Wow.
 

CrystalShadow

don't upset the insane catgirl
Apr 11, 2009
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Vanguard1219 said:
If I remember correctly you can buy entire "islands" in Second Life and also sell virtual items to make real-world money, so that one's in the same boat as EVE. Countless others probably are as well.
Not really the best of comparisons. Yes, you can buy Islands in Second life, and the currency does have a real exchange value.

But if you own any 'land' in second life, you pay Linden Labs for the privilege.

If you want a large island to yourself for instance (one requiring a whole server to itself), you should be prepared to pay the $1000 to get hold of it, then $295 a month in maintenance.

Calling that 'owning' property is a bit misleading. XD.
 

WorldCritic

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Apr 13, 2009
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If some people I know start fighting over who has what in Farmville then my faith in the human race will have officially dried up.