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Plex scammers is it legal?

First post
Author
Billy McCandless
Zacharia Explorations Group
#41 - 2014-02-08 17:44:02 UTC
Your Dad Naked wrote:
. Never been ganked.


iff constarntly dokked fore um alt then obvs

if not aye am shure sum wun will soret tha owt fore yoo soun

"Thread locked for being deemed a total loss." - ISD Ezwal

Katran Luftschreck
Royal Ammatar Engineering Corps
#42 - 2014-02-08 18:35:24 UTC
Look at it like this... did CCP get your money already? Then they don't give a fark.

http://youtu.be/t0q2F8NsYQ0

Pok Nibin
Doomheim
#43 - 2014-02-08 19:13:01 UTC
Jill Chastot wrote:
Vyl Vit wrote:
CCP, however, can't enact a policy that over rules law. If it's illegal to defraud people out of money on the internet, CCP's policy of encouraging it could even be seen as being complicit - accessories before the fact. IF they take action against the defrauded, making it difficult or impossible to find redress, accessory after the fact. I guess being internet gods can go to your head.

Or, maybe Icelandic law doesn't stretch to cover one of their few profitable industries...the EULA isn't a statement of law. It may surrender or acceed to certain claims or rights, but it cannot override LAW, especially criminal statues. Don't cite the EULA. Cite the LAW.


You deserve to lose posting rights for this.

You bought two plex two plex are not equal to or relative to money, they are not reverse redeemable (pun intended)

So hush you silly Internet lawyer wannabe.
Yeah, or maybe you need remedial reading. You do know what the word "IF" means? Google is your friend. Wannabee forum maven.

The right to free speech doesn't automatically carry with it the right to be taken seriously.

Sabriz Adoudel
Move along there is nothing here
#44 - 2014-02-10 00:14:56 UTC  |  Edited by: Sabriz Adoudel
Clementina wrote:
Some rules for the future.

* If a contract is being advertized in a public chat, it is a scam. Maybe you don't understand how it is a scam, but make no mistake, it is a scam.

* If an item that can be sold on the market is being sold via a contract it probably is a scam. Why would the other guy sell via contract when they can sell with less fuss via the market.

* If anything doesn't match in a contract (The contract says Charon but you see some carbon, or there is a different price in the description then in the contract or there appears to be some mixup in the you will pay vs. you will get) The contract is a scam and the person who made it is a scammer. People writing contracts do not make mistakes, if you see a mistake it is not in your favor.



It's not quite always a scam. There are some objects that cannot be sold outside the contract market. Often people will steal these illiquid items and will want to sell them to the first reasonable offer, and advertising them in contracts in a trade hub local chat works.

I have recently purchased something like 10 Oneiros blueprints (copies) from contracts advertised in a trade hub. I have also sold Phobos BPCs via this same mechanism.



Edit: Back on the OP's question, remember that it IS against the rules to socially engineer someone into buying PLEX in order to steal it from them. Once they have made the decision to buy PLEX it's fine to steal them by any means you can design, but you cannot influence their decision to buy the PLEX.

This is to protect CCP from fraud - scammees that lost PLEX pose very high risks of committing credit card fraud by filing fraudulent chargebacks over the PLEX purchase.

I support the New Order and CODE. alliance. www.minerbumping.com

Kogh Ayon
Royal Amarr Institute
Amarr Empire
#45 - 2014-02-10 04:59:42 UTC  |  Edited by: Kogh Ayon
Some points:

1, People mentioned that "EULAs don't mean a thing in court", it is theoretically true. However, in this specific case, due to CCP's significant revenue/employment contribution to Iceland and the jurisdiction of Icelandic court on this case, the EULA will mean a thing, and will be used as a major evidence.

You live in a real world that both theory value and practice value will be considered.


2, Legally/Realistically speaking, players do not and can not claim ownership on the most of virtual properties in a game like EVE Online, except account and characters, as most of the virtual properties in EVE can be destroyed by other players or transferred via intended manners to other players. Using contract to transfer/trade virtual properties is an intended manner, as well as other "scam" methods.

As the legal owner of the virtual properties, CCP can decide if to make a rule to forbid so-called "scam" as "unfair trade". It is practically possible in EVE online and has been adapted by many mmo-developers, but it is also clear that CCP decided not to make such rule, in order to maintain the characteristic of "Sandbox game", with the idea that "rules should be made by players".


3, Of course, EVE is yet to be well consistent on the "sandbox game" idea. Partially "sandboxed" and partially "ruled" mechanisms sometimes appear to be worse than totally ruled ones. Some of the chaos in EVE that CCP smug about, are not actually caused by so-called "human's evil nature". The enforced broken mechanisms prevent players from making the game world more civilized.
Infinity Ziona
Sebiestor Tribe
Minmatar Republic
#46 - 2014-02-10 05:22:26 UTC
ISD LackOfFaith wrote:
Once the PLEX has been redeemed as an item in-game, it no longer has real world value as per the EULA. Under the "B. Rights to Certain Content" section, you can find:

Quote:
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.


Emphasis mine. In other words, you cannot claim property or interest in any digital game assets, including PLEX as items.

This is actually not true. Under Icelandic law and most other nations laws a civil contract is subservient to judge made law, then to statutory law.

In Iceland if you buy something with a legal currency you take possession of it and have a right to resell it. If you bought the plex with credit card or whatever than its legally your property. If somebody enters into an agreement with you to buy the items and then 'steals' the items not full-fulling the terms they commit theft.

If you bought the plex with in game ISK that wouldn't hold true though I don't think.

Plex are a real world item since they're sold for cash in the real world, both by CCP and affiliates.

CCP Fozzie “We can see how much money people are making in nullsec and it is, a gigantic amount, a shit-ton… in null sec anomalies. “*

Kaalrus pwned..... :)

Kogh Ayon
Royal Amarr Institute
Amarr Empire
#47 - 2014-02-10 06:00:37 UTC  |  Edited by: Kogh Ayon
Infinity Ziona wrote:

This is actually not true. Under Icelandic law and most other nations laws a civil contract is subservient to judge made law, then to statutory law.

In Iceland if you buy something with a legal currency you take possession of it and have a right to resell it. If you bought the plex with credit card or whatever than its legally your property. If somebody enters into an agreement with you to buy the items and then 'steals' the items not full-fulling the terms they commit theft.

If you bought the plex with in game ISK that wouldn't hold true though I don't think.

Plex are a real world item since they're sold for cash in the real world, both by CCP and affiliates.


You mentioned the word "steal". It is wrong

No the PLEX was not stolen, it is only traded "unfairly".

"Theft
A criminal act in which property belonging to another is taken without that person's consent."
http://legal-dictionary.thefreedictionary.com/theft


When you flip a corp hangar or POS hangar, you've been given permission(the role with access) to do so (of course the mechanism is so broken that people have to give permission that they didn't meant to give, that's another story). Ninja looting could be a kind of "in-game theft", but it has nothing to do with real life.

If you really want to incriminate "theft" in game, then attacking someone's POS and loot the lab/hangar will be "theft", attacking the MTU and loot it will be "theft", and pvps? they are "robbery"! which don't make any sense.


I kind of agree that PLEX which directly sold by CCP are on the borderline of normal "virtual property". But there is no officially backed price to claim "unfair trade", and whenever a player decide to undock with PLEX in cargo, they have accept the risk of potential attack from other players.


I would like the idea that scrap PLEX and use AUR instead, which will be more convenient and makes more sense. Anyway we don't have to haul "gold bars" as currency in order to generate more in-game contents.

Sell only AUR on the online shops, GTC are converted to AUR in game, add AUR-ISK transaction to the market
Infinity Ziona
Sebiestor Tribe
Minmatar Republic
#48 - 2014-02-10 08:17:50 UTC
Kogh Ayon wrote:
Infinity Ziona wrote:

This is actually not true. Under Icelandic law and most other nations laws a civil contract is subservient to judge made law, then to statutory law.

In Iceland if you buy something with a legal currency you take possession of it and have a right to resell it. If you bought the plex with credit card or whatever than its legally your property. If somebody enters into an agreement with you to buy the items and then 'steals' the items not full-fulling the terms they commit theft.

If you bought the plex with in game ISK that wouldn't hold true though I don't think.

Plex are a real world item since they're sold for cash in the real world, both by CCP and affiliates.


You mentioned the word "steal". It is wrong

No the PLEX was not stolen, it is only traded "unfairly".

"Theft
A criminal act in which property belonging to another is taken without that person's consent."
http://legal-dictionary.thefreedictionary.com/theft


When you flip a corp hangar or POS hangar, you've been given permission(the role with access) to do so (of course the mechanism is so broken that people have to give permission that they didn't meant to give, that's another story). Ninja looting could be a kind of "in-game theft", but it has nothing to do with real life.

If you really want to incriminate "theft" in game, then attacking someone's POS and loot the lab/hangar will be "theft", attacking the MTU and loot it will be "theft", and pvps? they are "robbery"! which don't make any sense.


I kind of agree that PLEX which directly sold by CCP are on the borderline of normal "virtual property". But there is no officially backed price to claim "unfair trade", and whenever a player decide to undock with PLEX in cargo, they have accept the risk of potential attack from other players.


I would like the idea that scrap PLEX and use AUR instead, which will be more convenient and makes more sense. Anyway we don't have to haul "gold bars" as currency in order to generate more in-game contents.

Sell only AUR on the online shops, GTC are converted to AUR in game, add AUR-ISK transaction to the market

Well if you wanted to be specific it'd be fraudulently obtaining an advantage through deception or something depending on the law in the area.

The way I see it flipping corp hangers, blowing up ships with plex etc are fine since they don't directly link to the plex that was purchased.

You buy a plex with real life money, you legally likely own that digital property irrespective of CCP's EULA if consumer / digital property law exists which override which they likely do.

If you then sold that ownership for ISK then what you have done is willingly exchanged something of actual value for something else which is owned by CPP but which you can use (still has value but not real world value). Anything that happens after that to your isk is fair game.

In regards to scamming plex however someone is offering you something owned by CCP (isk) for something that has actual value and which you own personally (plex), if they're saying they'll give you 1.2 billion for your real life property then they have to give you that, there is no conversion of ownership to non-ownership first, so not giving you what they say they will give you is illegal and it shouldn't be allowed by CCP imo.

CCP Fozzie “We can see how much money people are making in nullsec and it is, a gigantic amount, a shit-ton… in null sec anomalies. “*

Kaalrus pwned..... :)

Tippia
Sunshine and Lollipops
#49 - 2014-02-10 08:28:30 UTC
Infinity Ziona wrote:
In regards to scamming plex however someone is offering you something owned by CCP (isk) for something that has actual value and which you own personally (plex), if they're saying they'll give you 1.2 billion for your real life property then they have to give you that, there is no conversion of ownership to non-ownership first, so not giving you what they say they will give you is illegal and it shouldn't be allowed by CCP imo.
The thing is, by deliberately choosing to trade in in-game items, you also choose to play by in-game rules, which are always a gamble of sorts. You can have the kinds of guarantees you're talking about already — again, if you choose to — by going through the trading channels that come with far more restrictions.

Why should gameplay be limited just because you chose to gamble and lost?
Infinity Ziona
Sebiestor Tribe
Minmatar Republic
#50 - 2014-02-10 09:25:24 UTC  |  Edited by: Infinity Ziona
Tippia wrote:
Infinity Ziona wrote:
In regards to scamming plex however someone is offering you something owned by CCP (isk) for something that has actual value and which you own personally (plex), if they're saying they'll give you 1.2 billion for your real life property then they have to give you that, there is no conversion of ownership to non-ownership first, so not giving you what they say they will give you is illegal and it shouldn't be allowed by CCP imo.
The thing is, by deliberately choosing to trade in in-game items, you also choose to play by in-game rules, which are always a gamble of sorts. You can have the kinds of guarantees you're talking about already — again, if you choose to — by going through the trading channels that come with far more restrictions.

Why should gameplay be limited just because you chose to gamble and lost?

Like I said there are in game rules (EULA) and out of game rules (Laws), in events that the two don't agree the latter always applies.

If you're trading something of real world value you don't get to bypass real world law. Of course taking it to court after you lost a couple of plexes would be stupid. But I imagine if someone was to buy an enormous amount of plexes, like a 1000 or so and was scammed out of them I would bet that they could recover them or the cost successfully in court in most countries with decent legal systems.

This is based on the premise that a contract between two people, no matter the form the contract is in (in this case text in local) has to be satisfied otherwise the contract is invalid. If the contract is deliberately invalidated by one party changing the terms without consent of the other to gain an advantage then the person is committing a fraud.

This is only true in my opinion because in the case of plex ownership of plex is real, rather than ownership of a right to use in game items belonging to CCP through which no contract could be made since you cannot trade something you don't own.

So my answer is game play is not limited because you chose to gamble and lost, its limited because we have a laws to protect ownership of property and they apply to all ownership not just to tangible property.

CCP Fozzie “We can see how much money people are making in nullsec and it is, a gigantic amount, a shit-ton… in null sec anomalies. “*

Kaalrus pwned..... :)

Tippia
Sunshine and Lollipops
#51 - 2014-02-10 09:32:48 UTC
Infinity Ziona wrote:
This is based on the premise that a contract between two people, no matter the form the contract is in (in this case text in local) has to be satisfied otherwise the contract is invalid. If the contract is deliberately invalidated by one party changing the terms without consent of the other to gain an advantage then the person is committing a fraud.
Then again, that's probably where the case would be tossed out on its ears since the contract is not text in local, but the contract itself, where the terms are made very clear and where they can't be changed after the fact. The text in local can be excused as a spelling error; the actual terms cannot.

That only really leaves station trading, where you can exploit update bugs to some extent to do such a change (but then again, I seem to recall that those exploits are something you can petition and have reversed anyway).
Ai Shun
#52 - 2014-02-10 09:47:39 UTC
Infinity Ziona wrote:
In regards to scamming plex however someone is offering you something owned by CCP (isk) for something that has actual value and which you own personally (plex), if they're saying they'll give you 1.2 billion for your real life property then they have to give you that, there is no conversion of ownership to non-ownership first, so not giving you what they say they will give you is illegal and it shouldn't be allowed by CCP imo.


I may be missing something, but how does PLEX have a real world value once it is in-game? It has to be in-game to be scammed. And once in-game it cannot (generally) be exchange for real world $. (There was that PLEX for video cards thing a while back, but I can't think of any other cases where there was a $ value attached to PLEX)

Well, you can exchange it for subscription time. But you can buy a PLEX with ISK and exchange that for subscription time as well and I don't see the bow being drawn that scamming somebody out of ISK is deriving them of real world value.
djentropy Ovaert
The Conference Elite
Safety.
#53 - 2014-02-10 12:01:52 UTC
Clementina wrote:

* If an item that can be sold on the market is being sold via a contract it probably is a scam. Why would the other guy sell via contract when they can sell with less fuss via the market.


Not always true.

A few days ago I was super lucky and scored a PLEX from SOMER blink. Considering my account is already in good standing for a few more months and I had no need for the extra 30 days of game time, nor did I feel like holding onto the PLEX - I decided to sell it. Open up market and check things out.

Best *buy* order for PLEX was something like 605 million. Best sell was something like 625 million. So, to sell @ 605 (after taking sales tax and broker tax out of the profit) would score me something like 588mil. So, instead of selling it via the market, I simply said hello in Jita local, and offered a PLEX for sale @ 615 million. 5 mins later, I had sold my PLEX @ 615 (more then I would have gotten from the market) and the buyer saved 10 million by doing a direct trade with me. Everyone wins.

A lot of the stuff you will see in Jita local is a scam, but not even close to all of it. I have scored some killer deals on rigged ships by watching local as well.
djentropy Ovaert
The Conference Elite
Safety.
#54 - 2014-02-10 12:06:55 UTC
Infinity Ziona wrote:

If you're trading something of real world value you don't get to bypass real world law. Of course taking it to court after you lost a couple of plexes would be stupid. But I imagine if someone was to buy an enormous amount of plexes, like a 1000 or so and was scammed out of them I would bet that they could recover them or the cost successfully in court in most countries with decent legal systems.


No. The PLEX itself has no real world value.

What you are buying when you buy a PLEX is a promise by CCP to add a item with no real world value to your account. The moment that is complete, the transaction is done. The PLEX itself is worth $0.00 USD. It has no real world value.

If someone scams you out of it - you have taken no real world losses, as you have already received what you spend real world money on.
Infinity Ziona
Sebiestor Tribe
Minmatar Republic
#55 - 2014-02-10 13:10:05 UTC  |  Edited by: Infinity Ziona
Ai Shun wrote:
Infinity Ziona wrote:
In regards to scamming plex however someone is offering you something owned by CCP (isk) for something that has actual value and which you own personally (plex), if they're saying they'll give you 1.2 billion for your real life property then they have to give you that, there is no conversion of ownership to non-ownership first, so not giving you what they say they will give you is illegal and it shouldn't be allowed by CCP imo.


I may be missing something, but how does PLEX have a real world value once it is in-game? It has to be in-game to be scammed. And once in-game it cannot (generally) be exchange for real world $. (There was that PLEX for video cards thing a while back, but I can't think of any other cases where there was a $ value attached to PLEX)

Well, you can exchange it for subscription time. But you can buy a PLEX with ISK and exchange that for subscription time as well and I don't see the bow being drawn that scamming somebody out of ISK is deriving them of real world value.

EULA's are general contracts between two parties that don't necessarily reflect your consumer rights in the real world. Generally if an EULA says something that doesn't conflict with law its enforceable.

As an example, Steam reserves the right to change its rules governing the sale of your private information at its discretion and without notice however do you think that means Steam could legally sell your private information with complete disregard for your privacy?

There was a case in the US regarding the non-sale of licences, the company EULA proposed that paying for the licence only granted you the right to use of the software, not to the resale of the software and licence. But the court found that this was not valid and that despite the EULA, since you purchased the item (box + licence) you had a right to resale that box and licence to another person if you uninstalled it and ceased using it under that licence.

Same thing really.


djentropy Ovaert wrote:
Infinity Ziona wrote:

If you're trading something of real world value you don't get to bypass real world law. Of course taking it to court after you lost a couple of plexes would be stupid. But I imagine if someone was to buy an enormous amount of plexes, like a 1000 or so and was scammed out of them I would bet that they could recover them or the cost successfully in court in most countries with decent legal systems.


No. The PLEX itself has no real world value.

What you are buying when you buy a PLEX is a promise by CCP to add a item with no real world value to your account. The moment that is complete, the transaction is done. The PLEX itself is worth $0.00 USD. It has no real world value.

If someone scams you out of it - you have taken no real world losses, as you have already received what you spend real world money on.

A Plex is something you buy with money. Not something created in game. The item created in game is simply a virtual representation of the Plex you purchased. Its even called a Plex both on the page you buy it and in game.

CCP Fozzie “We can see how much money people are making in nullsec and it is, a gigantic amount, a shit-ton… in null sec anomalies. “*

Kaalrus pwned..... :)

Hasikan Miallok
Republic University
Minmatar Republic
#56 - 2014-02-10 13:59:48 UTC  |  Edited by: Hasikan Miallok
1.) In terms of the CCP EULA its legitimate PvP.


2.) In terms of real world courts, that will depend on the jurisdiction.
There have been a number of landmark cases in places like Holland, China and Sth Korea ruling that theft of virtual property (even where what the victim lost was game assets acquired through time spent gaming and no real money was spent) is punishable in law. In the US it remains controversial but most people expect the US courts to eventually start jailing people for theft of virtual property.

There is an article on it here:
http://www.allyourlawarebelongtous.com/dutch-high-court-recognizes-the-value-of-your-mmo-time/


Here is an excerpt of the Dutch Supreme court ruling that the theft of virtual property in an online game (Runescape) is legally still theft:
http://www.rechtspraak.nl/Organisatie/Hoge-Raad/Supreme-court/Summaries-of-some-important-rulings-of-the-Supreme-Court/Pages/Extractfromthejudgment.aspx

Note that the Dutch case differs from Jita scamming in that real world threats were involved however what is significant here is the virtual property was deemed property in the traditional legal sense of the word and hence could be stolen. Whether the in game property was purchased with real money or acquired by time spent gaming was not relevant.
Layla Firoue
Doomheim
#57 - 2014-02-10 14:14:58 UTC
It has been said time and again that a PLEX is an in game item and it it treated as such opposed to a GTC.
When you buy a plex, put it in your ship's cargo hold and undock and you get ganked CCP won´t give you your PLEX back.

The fact that in such cases PLEX can drop and can be picked up and used by other players should tell you everything you need to know about it.
Hasikan Miallok
Republic University
Minmatar Republic
#58 - 2014-02-10 14:19:03 UTC
Layla Firoue wrote:
It has been said time and again that a PLEX is an in game item and it it treated as such opposed to a GTC.
When you buy a plex, put it in your ship's cargo hold and undock and you get ganked CCP won´t give you your PLEX back.

The fact that in such cases PLEX can drop and can be picked up and used by other players should tell you everything you need to know about it.



Real World courts are not going to care what CCPs opinion about the status of plex may be.
djentropy Ovaert
The Conference Elite
Safety.
#59 - 2014-02-10 14:28:05 UTC
Infinity Ziona wrote:

A Plex is something you buy with money. Not something created in game. The item created in game is simply a virtual representation of the Plex you purchased. Its even called a Plex both on the page you buy it and in game.


No, it's not. Read the EULA. Once the item is created in game it has zero real world value. If you were correct in your assumption, where are the court cases where players who have been scammed out of and shot down with PLEX's getting their money back somehow?

Do you really think a company like CCP would introduce the PLEX system into game if they did not have their bases covered?
Erotica 1
Krypteia Operations
#60 - 2014-02-10 14:34:07 UTC
We need an Eve Internet Spacelaw tv show...

It will be like those dumb daytime divorce and small claims shows, but with an internet space judge and internet space lawyers.

See Bio for isk doubling rules. If you didn't read bio, chances are you funded those who did.