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De'Veldrin
Minmatar
Special Projects Executive
The Obsidian Legion
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Posted - 2010.02.17 19:22:00 -
[1]
What you buy from CCP is the ability to log in to the game. Nothing more, nothing less.
If someone steals your ISK, they have in no way impeded your ability to use the service you paid CCP for. If you sell that game time for ISK, CCP will transfer the time to the new person. The time (what was paid real life monies for) is not lost, it is simply transferred to a new owner.
If the ISK that was paid as part of the transaction above is then stolen, that service (the ability to log in) is still available to the final owner - so the theft of the ISk in no way impairs the ability of the owner of that time from using the service that was paid for by RL money.
--Vel
Forum Mom: Spanking the snot out of little brats. |
De'Veldrin
Minmatar
Special Projects Executive
The Obsidian Legion
|
Posted - 2010.02.19 15:50:00 -
[2]
The real problem would be, of course, proving that the isk stolen or destroyed was actually the isk you paid rl money for.
Since you can, in fact, make ISK without ever spending a dime on it directly, the defense could simply claim that the ISK that was lost came from other activities.
Unless of course you buy all your isk.
In which case, the defense would probably file a claim to have your competence to file a complaint evaluated.
Enjoy the nuthouse!
--Vel
Forum Mom: Spanking the snot out of little brats. |
De'Veldrin
Minmatar
Special Projects Executive
The Obsidian Legion
|
Posted - 2010.02.21 15:52:00 -
[3]
 Originally by: Estagado
you pay for a service and it is stolen unlawfully it is a crime regardless of what the EULA says.
The service you paid for is game time. Please explain to us how someone else can log into the CCP database and transfer that game time to another account?
Unless of course you're accusing CCP of misappropriating your funds, in which case, you might actually have a case (wire fraud, etc).
--Vel
Forum Mom: Spanking the snot out of little brats. |
De'Veldrin
Minmatar
Special Projects Executive
The Obsidian Legion
|
Posted - 2010.02.22 21:14:00 -
[4]
Not saying I agree or disagree, but here's a paper from 2008 on the subject from the Northwestern Journal of Technology and Intellectual Property
http://www.law.northwestern.edu/journals/njtip/v6/n2/7/
--Vel
Forum Mom: Spanking the snot out of little brats. |
De'Veldrin
Minmatar
Special Projects Executive
The Obsidian Legion
|
Posted - 2010.02.25 01:57:00 -
[5]
Originally by: Etro Tanar
Thread should have died.
However, people are still chanting EULA like some magic word that overrules the laws of physics and the universe. EULA's do not have that much power. If an EULA says by using this software you agree to us being able to come in the night and kill you, does that make it legal for them to do so?
The interesting tidbit you "conveniently forgot" to mention in your post is that the EULA can't trump the criminal legal code in the area in which you live. So no, it wouldn't, even if you agreed to it.
However, most of these kinds of contracts have wording in them somewhere to insure that even if some portion of the document is found to be unenforceable, the rest remains whole, and enforceable by the company - they simply revise the broken bits.
--Vel
Forum Mom: Spanking the snot out of little brats. |
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