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Poetic Justice for Gold Farming

Author
Murk Paradox
Ministry of War
Amarr Empire
#81 - 2013-08-13 21:57:50 UTC
Remiel Pollard wrote:
Murk Paradox wrote:
Herzog Wolfhammer wrote:
Why does the picture of the woman not surprise me?

(rhetorical question)


Seriously though, she was buying real gold with the proceeds, and hence may have taken "gold farming" quite literally.

One of the problems with real gold is that it has no intrinsic value. You can't eat it, you can't grow crops with it, you can't defend yourself with it. If she really wanted to invest in such a future where one thinks that gold will be needed, she should have gotten farmland or invested it in an industry based on projected needs (ammo, security, etc).

Oh well.

What comes around does go around, and I think on this one it came around. There's something particularly low about gold farming, but those who would buy "gold" with RMT are equally dysfunctional.



I agree, but then, CCP does it with plex so I dunno. Not that I would do it personally, but if it's legal, I don't really have a strengthened opinion concerning it. My money turns into isk. Be it CCP or someone else, meh. I mean hell, plex is technically NOT a commodity since there's no physical commodity involved.


The difference between CCP doing it with plex to sell digital content that is their intellectual property and a player selling digital content that they haven't created is pretty big.



Not when it's legal, or irrelevant to the case.

This post has been signed by Murk Paradox and no other accounts, alternate or otherwise. Any other post claiming to be this holder's is subject to being banned at the discretion of the GM Team as it would violate the TOS in regards to impersonation. Signed, Murk Paradox. In triplicate.

Remiel Pollard
Aliastra
Gallente Federation
#82 - 2013-08-13 22:06:02 UTC  |  Edited by: Remiel Pollard
Murk Paradox wrote:
Remiel Pollard wrote:
Murk Paradox wrote:



Tepid. Boring. Devoid of life. Lukewarm. Lacking of content. A back page article in a subpar newspaper producing content to a town of 300 people. Like watching a washing machine agitating the soap into a tub fool of whites.

And I am not a serious literature critic, but I did stay at a Holiday Inn Express.


The content is there in the form of the reporting of the facts of events that took place. This is also the part where you learn that news isn't entertainment, it is news. Also, you may not have noticed, but this article is listed under the "National News" section. I'd hardly call the nation of Australia a town of 300 people. Nor the city of Perth.



But I'm not reporting facts. I am posting my opinion on a forum. The article, when showing the true nature of the article, isn't very exciting.

Add the fluff part of "gold farming" and it hits national headlines. It's only a supposed fraud and theft article =/.

Spin spin spin!


The gold mining isn't added for fluff. If you've read it, it's a pertinent fact related to the case because the JUDGE ENQUIRED AS TO ITS LEGALITY AND ITS LEGITIMACY IN THE CASE. If it is spin, then it's the judges spin, not the media's. You seriously need to get a clue, dude.

“Some capsuleers claim that ECM is 'dishonorable' and 'unfair'. Jam those ones first, and kill them last.” - Jirai 'Fatal' Laitanen, Pithum Nullifier Training Manual c. YC104

Remiel Pollard
Aliastra
Gallente Federation
#83 - 2013-08-13 22:08:33 UTC  |  Edited by: Remiel Pollard
Murk Paradox wrote:
Remiel Pollard wrote:
Murk Paradox wrote:
Herzog Wolfhammer wrote:
Why does the picture of the woman not surprise me?

(rhetorical question)


Seriously though, she was buying real gold with the proceeds, and hence may have taken "gold farming" quite literally.

One of the problems with real gold is that it has no intrinsic value. You can't eat it, you can't grow crops with it, you can't defend yourself with it. If she really wanted to invest in such a future where one thinks that gold will be needed, she should have gotten farmland or invested it in an industry based on projected needs (ammo, security, etc).

Oh well.

What comes around does go around, and I think on this one it came around. There's something particularly low about gold farming, but those who would buy "gold" with RMT are equally dysfunctional.



I agree, but then, CCP does it with plex so I dunno. Not that I would do it personally, but if it's legal, I don't really have a strengthened opinion concerning it. My money turns into isk. Be it CCP or someone else, meh. I mean hell, plex is technically NOT a commodity since there's no physical commodity involved.


The difference between CCP doing it with plex to sell digital content that is their intellectual property and a player selling digital content that they haven't created is pretty big.



Not when it's legal, or irrelevant to the case.


Profiteering on someone else's intellectual property, especially when that act is prohibited by the contract you have with them, is legal now? And the judge bringing it up in the case doesn't make it relevant? We must live on different planets. Hi from Earth!!

“Some capsuleers claim that ECM is 'dishonorable' and 'unfair'. Jam those ones first, and kill them last.” - Jirai 'Fatal' Laitanen, Pithum Nullifier Training Manual c. YC104

Khergit Deserters
Crom's Angels
#84 - 2013-08-13 22:18:41 UTC
A fairly complicated situation.
1) The gold came from transactions that were breaches of EULAs. I.e. breaches of agreements (contracts). Breaching a contract isn't illegal, though. It isn't a violation of a state's law. But the breach may create a right for the non-breaching party to claim damages.
2) OK, so this lady breached EULA contracts with game companies. What remedies for breach to the EULAs provide? "We can cancel your subscription?" "We can ban you"? That's probably it.
3) But, the game companies might have an intellectual property argument. By agreeing the EULA, the lady agreed not to sell ingame virtual items. By doing so, she not only breached the contract, she profited from selling the companies' intellectual property (ingame items). Therefore the companies could claim the gold bars as damages for IP law violations.
4) Separate issue: Did the insurance company know the source of the income for the gold bars? If it did, and it insured them and accepted higher monthly premiums for the more valuable insurance policy, then it should have to pay. If it didn't know the source of the income for the bars, then it has an argument for not paying. Which would be 3), IP law violation.
Jax Zaden
Prometheus Deep Core Mining
#85 - 2013-08-13 22:36:03 UTC
As far as fraud, she is not guilty of it until she is found guilty of it. The ONLY entity that can bring fraud charges against her is the entity that was defrauded. So the only bearing her being a gold farmer would have would be if Blizzard, CCP or whoever brought criminal charges against her and she was found guilty in a court of law. Everyone is entitled to due process. Otherwise, it's a complete non-issue in this case because her fraud would be considered hearsay. Yes, she confessed to being a gold seller but without formal criminal charges (which only the mmo company could press) and a conviction, it means absolutely nothing.

This case is about the insurance company believing that she staging the theft. Any violation of EULA would be meaningless because there were no criminal charges and without criminal charges (and a conviction) you cannot assert that the assets were gained as a result of criminal activity.
S Byerley
The Manhattan Engineer District
#86 - 2013-08-14 00:12:58 UTC
Herzog Wolfhammer wrote:
One of the problems with real gold is that it has no intrinsic value. You can't eat it, you can't grow crops with it, you can't defend yourself with it. If she really wanted to invest in such a future where one thinks that gold will be needed, she should have gotten farmland or invested it in an industry based on projected needs (ammo, security, etc).

Oh well.

What comes around does go around, and I think on this one it came around. There's something particularly low about gold farming, but those who would buy "gold" with RMT are equally dysfunctional.


Uh... gold is an extremely useful material in electronics. Further, it's impractical to synthesize for the foreseeable future. AFAIK it's consistently beat out inflation for a good hundred years at least in the US.

However you want to spin it, gold is a very consistent long term investment.
Kijo Rikki
Killboard Padding Services
#87 - 2013-08-14 00:27:21 UTC
Until someone steals it. FIAT currency: 1 Gold: 0. Lol

You make a valid point, good Sir or Madam. 

Grog Barrel
Federal Navy Academy
Gallente Federation
#88 - 2013-08-14 00:47:43 UTC
Remiel Pollard wrote:
Murk Paradox wrote:
Remiel Pollard wrote:
Murk Paradox wrote:
Herzog Wolfhammer wrote:
Why does the picture of the woman not surprise me?

(rhetorical question)


Seriously though, she was buying real gold with the proceeds, and hence may have taken "gold farming" quite literally.

One of the problems with real gold is that it has no intrinsic value. You can't eat it, you can't grow crops with it, you can't defend yourself with it. If she really wanted to invest in such a future where one thinks that gold will be needed, she should have gotten farmland or invested it in an industry based on projected needs (ammo, security, etc).

Oh well.

What comes around does go around, and I think on this one it came around. There's something particularly low about gold farming, but those who would buy "gold" with RMT are equally dysfunctional.



I agree, but then, CCP does it with plex so I dunno. Not that I would do it personally, but if it's legal, I don't really have a strengthened opinion concerning it. My money turns into isk. Be it CCP or someone else, meh. I mean hell, plex is technically NOT a commodity since there's no physical commodity involved.


The difference between CCP doing it with plex to sell digital content that is their intellectual property and a player selling digital content that they haven't created is pretty big.



Not when it's legal, or irrelevant to the case.


Profiteering on someone else's intellectual property, especially when that act is prohibited by the contract you have with them, is legal now? And the judge bringing it up in the case doesn't make it relevant? We must live on different planets. Hi from Earth!!


You seem not to be aware of the good ol' "He/She is not selling pixels created by random corporation, but the time she spent gathering them, which is basically legal as long as she gathered it in a legit way". There is a reason why even big corps haven't managed (and long gave up trying it) to suppress gold farmers.
S Byerley
The Manhattan Engineer District
#89 - 2013-08-14 00:55:15 UTC
Remiel Pollard wrote:
In Australia, a breach of contract IS illegal, the EULA being the contract.


Citation very much needed. The judge is obviously unqualified to rule on the legality, and (according to your article) the AAMI representative is not asserting that her profession breaks Australian or international law; it's a pretty safe bet her profession is not subject to criminal rulings at this time.

The relevant gaming companies could come after her for damages, sure, but a basic tenant of contract law everywhere is that party C cannot enforce the contract between parties A and B.

Quote:
Don't get mad just because you've got some personal problem with journalists, this is a perfectly sound legal argument.

And FYI, if it wasn't for journalists, you wouldn't have Wikileaks. If it wasn't for journalists, whistleblowers would go unheard. Don't throw all journalists into the same basket just because there are a few bad eggs.


I'll sling harsh words at bad journalists for skewing public perception on a particular topic as much as I want to, thanks. The media has a horrible track record on anything remotely related to EULAs; they villainize hackers, hype corporate wins, and completely ignore consumer rights victories. The people ranting about NSA shenanigans don't seem to realize that corporations are treading the same line (and I say this as someone genuinely uninterested in the relevant politics). Journalists are either playing dumb or are dumb; probably the later.
Khergit Deserters
Crom's Angels
#90 - 2013-08-14 01:37:13 UTC  |  Edited by: Khergit Deserters
I think there's a good argument that she's guilty of a crime. Theft and sale of intellectual property. She got access to the IP via agreeing to a contract the IP owners. She then breached that contract by doing gold farming RMT. In other words, she used the contract agreement to get access the IP owner's property (its game items content), then violated the contract to monetarily gain from selling the owner's IP content. But for accessing the content via the contract, then selling IP content in breach of the contract, she would have made 0 dollars. Therefore she defrauded the company, violated IP protection laws, or both.

If there's material gain being produced from violating rights, there's a legal way to get that gain back to the wronged party. The law going all the way back to feudal times works that way. The root laws are all common sense, your-cow-ate-my-cabbages practical. There are veneers and refinements on top, but the fundamental principles are there if you dig deep enough through the layers.
Mara Rinn
Cosmic Goo Convertor
#91 - 2013-08-14 02:42:01 UTC
Khergit Deserters wrote:
I think there's a good argument that she's guilty of a crime. Theft and sale of intellectual property.


At no point does any gold farmer transfer ownership of the intellectual property of the game company. The assets are still in the game. IP violation is when you take, for example, the art assets of EVE Online to use in your web browser based game. I am not a lawyer, so I have no idea whether gold farming could be compared to unlicensed trade in share or stock certificates, for example.

I am curious as to the relevance of the source of money to the legitimacy of the ownership of the gold bars. I hope the judge isn't conflating the concepts of "gold farming" with "resource extraction". St Barbara would surely be interested in ways to supplement their Sons of Gwalia property with gold farmed from MMOs.

Inokuma Yawara
University of Caille
Gallente Federation
#92 - 2013-08-14 03:01:32 UTC
The article clearly states that her business is legal in Australia where she lives. She kept good business records, and did things within the framework of Australian law. EULA's are not law. They are agreements. Agreements do not carry the weight of law. In some countries certain parts of EULA's do not apply or carry no weight.

It looks to me like the insurance company is just trying to get out of paying what it owes. They do that a lot. Sell you homeowners insurance. You lose your house to a fire caused by a riot. The insurance company says your loss was caused by a riot, and you are not covered for losses caused by riots. They win all the time.

If they were concerned that her source of income was a real problem, then they should not have insured her assets. The insurance company is the real thief here.

What I really want to know is how is the police investigation into the burglary proceeding...

Watch this space.  New exciting signature in development.

Taiwanistan
#93 - 2013-08-14 06:51:33 UTC
Inokuma Yawara wrote:
The article clearly states that her business is legal in Australia where she lives. She kept good business records, and did things within the framework of Australian law. EULA's are not law. They are agreements. Agreements do not carry the weight of law. In some countries certain parts of EULA's do not apply or carry no weight.

It looks to me like the insurance company is just trying to get out of paying what it owes. They do that a lot. Sell you homeowners insurance. You lose your house to a fire caused by a riot. The insurance company says your loss was caused by a riot, and you are not covered for losses caused by riots. They win all the time.

If they were concerned that her source of income was a real problem, then they should not have insured her assets. The insurance company is the real thief here.

What I really want to know is how is the police investigation into the burglary proceeding...


um no,
my computer was stolen, email and game accounts hacked, all concurrent with the burglary, too convenient. the judge should instead slam her with a tax audit on top of insurance fraud.

TA on wis: "when we have a feature that is its own functional ecosystem of gameplay then hooks into the greater ecosystem of EVE as a whole, and it provides good replayability."

Mara Rinn
Cosmic Goo Convertor
#94 - 2013-08-14 06:54:43 UTC
Accounts hacked leading to the burglary is entirely conceivable in the case that people knew she was a gold farmer, tracked her down and stole her real gold.

Nothing "too convenient" about organised crime in this case.
embrel
BamBam Inc.
#95 - 2013-08-14 07:38:03 UTC
Pew Terror wrote:
People are stupidly overrating real money...
I mean that stuff cant even buy proper spaceships.


http://theweek.com/article/index/238746/the-white-houses-nerd-delighting-death-star-petition-response

of course it can. just needs loads of.
Debora Tsung
Perkone
Caldari State
#96 - 2013-08-14 08:52:13 UTC
Herzog Wolfhammer wrote:
... you can't defend yourself with it. If she really wanted to invest in such a future where one thinks that gold will be needed, she should have gotten farmland or invested it in an industry based on projected needs (ammo, security, etc).


On the contrary, Gold is quite heavy. Just one bar should be enough to make a viable club rivaling any other deadly close quarters weapon. Big smile

Stupidity should be a bannable offense.

Fighting back is more fun than not.

Sticky: AFK Cloaking Thread It's not pretty, but it's there.

Remiel Pollard
Aliastra
Gallente Federation
#97 - 2013-08-14 09:14:59 UTC  |  Edited by: Remiel Pollard
S Byerley wrote:
Remiel Pollard wrote:
In Australia, a breach of contract IS illegal, the EULA being the contract.


Citation very much needed. The judge is obviously unqualified to rule on the legality, and (according to your article) the AAMI representative is not asserting that her profession breaks Australian or international law; it's a pretty safe bet her profession is not subject to criminal rulings at this time.

The relevant gaming companies could come after her for damages, sure, but a basic tenant of contract law everywhere is that party C cannot enforce the contract between parties A and B.

Quote:
Don't get mad just because you've got some personal problem with journalists, this is a perfectly sound legal argument.

And FYI, if it wasn't for journalists, you wouldn't have Wikileaks. If it wasn't for journalists, whistleblowers would go unheard. Don't throw all journalists into the same basket just because there are a few bad eggs.


I'll sling harsh words at bad journalists for skewing public perception on a particular topic as much as I want to, thanks. The media has a horrible track record on anything remotely related to EULAs; they villainize hackers, hype corporate wins, and completely ignore consumer rights victories. The people ranting about NSA shenanigans don't seem to realize that corporations are treading the same line (and I say this as someone genuinely uninterested in the relevant politics). Journalists are either playing dumb or are dumb; probably the later.


Again, you're making assumptions about journalists that don't apply to all journalists. Until you're doing the job yourself, though, you don't have half a clue. I've been reading all the points of discussion here and they've all been regarding the content of the events that took place. You seem the only one quick to cast stones at a completely uninvolved party. I tend to find that people who hate journalists are the ones that have been exposed for doing something stupid by a journalistic investigation. Everyone else that has a problem with journalists is an uninformed idiot, with the exception of those few well enough informed to understand that just like you can't bunch all hackers into one type of person, likewise you can't bunch all journalists into one group of people.

For one, I wasn't trying to skew any perception. As you can see from this thread, this thread hasn't become an echo chamber of my idea, and people are thinking for themselves just fine. I can also tell, though, that you aren't very well exposed to Australian journalism. We have our bad eggs, sure. You can't have a human race without having a few bad eggs. But you seem to be an avid follower of this NSA stuff and an advocate for 'hackers', some of whom are indeed criminals, but some of whom have done great things for the population of the free world. Such as Julian Assange, who is as much a journalist as he is a hacker. He's also Australian.

As for contracts in Australia, I concede I used the wrong word. It is not a crime to breach a contract, but a contract is enforceable under Australian Civil Law. A breach of contract occurs when you enter into a contract and then you don't carry out your obligations under the contract. You can be sued if you breached a contract. Being found in breach of contract in court does go on your criminal record, which then becomes a consideration with other parties that you either have existing agreements with or wish to set up a new one, and these records are reviewed, especially when it comes to property rental

“Some capsuleers claim that ECM is 'dishonorable' and 'unfair'. Jam those ones first, and kill them last.” - Jirai 'Fatal' Laitanen, Pithum Nullifier Training Manual c. YC104

Prince Kobol
#98 - 2013-08-14 09:18:22 UTC
All I have to say is thanks to the OP for posting this.

I find it pretty interesting and I am very curious to see how it ends.

If she is found guilty it could lead to some very interesting things in the future.
Remiel Pollard
Aliastra
Gallente Federation
#99 - 2013-08-14 09:26:43 UTC
Mara Rinn wrote:
Accounts hacked leading to the burglary is entirely conceivable in the case that people knew she was a gold farmer, tracked her down and stole her real gold.

Nothing "too convenient" about organised crime in this case.


That's a really good point. As per the OP, regardless of the legality of their actions, I still applaud them.

“Some capsuleers claim that ECM is 'dishonorable' and 'unfair'. Jam those ones first, and kill them last.” - Jirai 'Fatal' Laitanen, Pithum Nullifier Training Manual c. YC104

Sentamon
Imperial Academy
Amarr Empire
#100 - 2013-08-14 10:04:37 UTC
Remiel Pollard wrote:
I laugh at this woman's loss. Why? Because it's people like this that ruin games like EVE Online that are not supposed to be pay-to-win by making it pay-to-win. Because the EVE Online EULA expressly forbids selling in-game items for real world money, and I hope whatever account(s) she's using in game to make the item transfers was one of the accounts in the recent wave of permabans.

I hope she loses the case, I applaud the thieves for delivering such poetic (however illegal) justice, I applaud AAMI for denying her claim, and I hope she cries a lot over it.


Of course your source of income doesn't ruin anything at all. Big smile

~ Professional Forum Alt  ~