Electronic Gaming and the Ethics of Information Ownership

Players of electronic games, particularly on-line role-playing games, may invest a substantial degree of time, effort, and personal identity into the game scenarios they generate. Yet, where the wishes of players diverge from those of game publishers, the legal and ethical interests of players remain unclear. The most applicable set of legal principles are those of copyright law, which is often grounded in utilitarian justifications, but which may also be justified on deontological grounds. Past copyright cases involving video arcade and personal computer gaming suggest that the gaming scenaria generated by players may constitute original selection and arrangement of the game elements, thus qualifying such gaming sequences for copyright protection as either derivative works or works of joint authorship. But this result may be difficult to justify on utilitarian theories. Rather, the personal investment of game players suggests a deontological basis for claims of game sequence ownership.