Computer game licences: The EULA and its discontents

This article considers the legal efficacy of terms found in the end-user licences (EULAs) of Massively Multiplayer Online Role-Playing Games (MMORPGs). The article focuses on selected terms in the EULAs of well-known MMORPGs, Everquest and Runescape as well as a more recent MMORPG, Path of Exile. Although there are many examples of inappropriate and unenforceable terms in EULAs, computer games provide a particularly salient example. Eager for access to a game, players accept the EULA without question and, unaware of their rights or keen to avoid costly litigation, rarely challenge the terms. Given the value of the games industry to the international economy, the article recommends that international guidance for EULA content is needed.