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Journal of Intellectual Property Law & Practice Advance Access originally published online on February 6, 2008
Journal of Intellectual Property Law & Practice 2008 3(3):174-179; doi:10.1093/jiplp/jpm261
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© The Author (2008). Published by Oxford University Press. All rights reserved

South Korea and indirect reliance on IP law: real money trading in MMORPG items

Ung-gi Yoon *

Legal context: MMORPGs (Massively-Multiplayer Online Role Playing Games), including titles such as Lineage I and II, Mabinogi, and World of Warcaft (WoW), have recently become the subject of social and legal controversies of an unprecedented level. Trade involving ingame MMORPG items for real money has raised thorny issues regarding ownership status of these virtual objects. South Korea, a frontrunner in the development of online games of this genre and their chief exporter, is at the centre of this phenomenon. However, the situation in South Korea is unlike that of the USA, which has to date predominantly looked to IP laws for a remedy.

Key points: This article examines how South Korea has tackled trading in in-game MMORPG items for real money, demonstrating how South Korea has dealt with the issue without excessive reliance on IP law, as has been the case in the USA. The article concludes that there is no need to rely directly on IP law for a remedy.

Practical significance: In the USA and elsewhere, discussions on the legal status of in-game MMORPG items and RMT have so far been confined to the academic community and are still at a maturing stage. In South Korea, however, numerous court judgments and administrative rulings in similar situations already exist, providing a sizeable pool of precedents

Key Words: While much of the world is unaware of the legal significance of MMORPGs (Massively Multiplayer Online Role Play Games), South Korea is a leading market both in terms of their creation and in their use. • Tensions between developers and publishers of MMORPGs and their licensed players have resulted in substantial litigation in South Korea, as well as investigations into the fairness of standard licence terms. • This article explains the South Korean response to IP-related problems arising from the creation and sale of in-game items, demonstrating how their solution need not involve reform of IP law but rather a more indirect approach.

* MA in legal philosophy. Currently a judge in the Suwon District Court, I am also a member of Gamestudy.org. MMORPG characters created and played by me include a Mabinogi character named ‘Ammajeongkal’ at the Harp Server and a World of Warcraft character named ‘Trollvalor’ at the Baelgoon server. E-mail: lovol{at}scourt.go.kr


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