Coeus Enderas
Caldari
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Posted - 2011.08.13 13:40:00 -
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id perfer if CCP left this here. lock it if you must, but id like khaan to look at.
fraud noun 1. deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage. 2. a particular instance of such deceit or trickery: mail fraud; election frauds. 3. any deception, trickery, or humbug: That diet book is a fraud and a waste of time. 4. a person who makes deceitful pretenses; sham; poseur.
assuming what you claim is true (which i doubt) what happened to you does not fall under the definition of fraud because you are not promised, in any way, that you will maintain a live connection to the game at all times, or that the game will work for you at all times. Even iff CCP decided they wanted to kick you because they hate you paticularly bad, they make no promises that this will not happen. essentially it is their game and they could kick a titan pilot and all his friends and proceed to kill it with loads of T1 drones if it pleased them.
of course you not picking on definitions, so lets look at legality.
in the US, they have a section of legal code for detecting fraud. the important area can be found here http://www.gao.gov/govaud/yb/2003/html/chap68.html
the important section is at the bottom of that page
Fraud is a type of illegal act involving the obtaining of something of value through willful misrepresentation. Although not applicable to attestation engagements, the AICPA SASs may provide useful guidance related to fraud for auditors performing attestation engagements in accordance with GAGAS.
since your ISK does NOT have a legally recognized value in the US, you could NOT charge CCP with fraud.
and on a side note, FROM the EVE EULA
A. Ownership of Software, System and Game As between you and CCP, CCP is the sole and exclusive owner of the Software, System, Game and Game Content (as defined below). The Software, System, Game and all Game Content are protected by law governing copyrights, trademarks and other proprietary rights. CCP reserves all rights not expressly granted herein.
The Game is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters (and items, currency, objects and attributes comprising or associated with a character or an Account), graphics, sound effects, music, animation, video, text, content, layout, design and other information downloaded from and accessible through the System (collectively, the "Game Content"). CCP, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without limitation all intellectual property rights) in and to the Software, System, Game and all Game Content, and no rights thereto are transferred to you, except for the limited license granted above.
B. Rights to Certain Content You have no interest in the value of your time spent playing the Game, for example, by the building up of the experience level of your character and the items your character accumulates during your time playing the Game. Your Account, and all attributes of your Account, including all corporations, actions, groups, titles and characters, and all objects, currency and items acquired, developed or delivered by or to characters as a result of play through your Accounts, are the sole and exclusive property of CCP, including any and all copyrights and intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved.
Essentially CCP owns your character, and every that comes with that like ISK, ships, corp, Etc Etc. meaning if they want to kick you, kill your ship, rip off your monocle, and then **** your corpse, they can do that.
either way you look at it, no-matter what you say or what is the truth (and personally i think your lying), you lost your ship and are not getting it back unless CCP really wants to give it to you.
ôWhat we imagine is order is merely the prevailing form of chaos.ö
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