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This deserves a wider audience..

First post
Author
Hasikan Miallok
Republic University
Minmatar Republic
#81 - 2014-03-05 11:34:47 UTC  |  Edited by: Hasikan Miallok
Regardles of what "gamers" think this issue is a legal one that is currently unresolved.

The Dutch decision:

http://www.virtualpolicy.net/runescape-theft-dutch-supreme-court-decision.html

Quote:


The court ruled that:

Virtual items have value in virtual of the effort and time invested in obtaining them
The value in Virtual items is recognised by those that play the game (including the defendents who went to the trouble to take them)
The Virtual items were under the exclusive control of the player – who was relieved of this control
The court made reference to cases of electricity theft which is a similar intangible good but certainly has properties of power and control, and consequently can be stolen.




Note the "theft" in this case occurred in the real world, but that is irrelevant to the decision on the status of virtual goods.
Meilandra Vanderganken
Aliastra
Gallente Federation
#82 - 2014-03-05 11:38:09 UTC
Hasikan Miallok wrote:
Meilandra Vanderganken wrote:

Let us hope it swings the way that will prohibit the taxing of virtual assets in video games.... "Well mr *RL name*, it seems you have several thousands of euros worth of virtual assets on various games. You didn't file those in your tax report!", "Whut? I'm just playing a game dude...", "That might well be but the law states you are required to pay taxes over those, we want 30% of that in taxes, oh, and the 150% fine for not filing it in the first place! Haha!".

Cause that's the route we're heading for if we are going to treat virtual assets in games as real economic assets.


There is a recent Dutch court ruling that declares they are actually assets and can in fact be stolen and declared the particular game EULA irrelevant and not binding in criminal law. Though in the Dutch case the "theft" of the in game assets occurred in the real world. Neverhteless it really depends on your jurisdiction.

Really? I'm Dutch too and I missed that, have a linky?

Of course there is a difference in hacking someone's account and stealing his game stuff and stealing it/destroying it in the game within the game rules.


On another note and I cannot stress this enough, if EULA does not comply with local laws, law always 'wins'.
Hasikan Miallok
Republic University
Minmatar Republic
#83 - 2014-03-05 11:40:53 UTC  |  Edited by: Hasikan Miallok
Meilandra Vanderganken wrote:
Hasikan Miallok wrote:
Meilandra Vanderganken wrote:

Let us hope it swings the way that will prohibit the taxing of virtual assets in video games.... "Well mr *RL name*, it seems you have several thousands of euros worth of virtual assets on various games. You didn't file those in your tax report!", "Whut? I'm just playing a game dude...", "That might well be but the law states you are required to pay taxes over those, we want 30% of that in taxes, oh, and the 150% fine for not filing it in the first place! Haha!".

Cause that's the route we're heading for if we are going to treat virtual assets in games as real economic assets.


There is a recent Dutch court ruling that declares they are actually assets and can in fact be stolen and declared the particular game EULA irrelevant and not binding in criminal law. Though in the Dutch case the "theft" of the in game assets occurred in the real world. Neverhteless it really depends on your jurisdiction.

Really? I'm Dutch too and I missed that, have a linky?

Of course there is a difference in hacking someone's account and stealing his game stuff and stealing it/destroying it in the game within the game rules.


On another note and I cannot stress this enough, if EULA does not comply with local laws, law always 'wins'.



The main link is above the quote in my second post.
http://www.virtualpolicy.net/runescape-theft-dutch-supreme-court-decision.html

This bit is also interesting:

Quote:

This case is significant because it changes the relationship between individuals and service providers in respect of digital objects. That is, RuneScape’s contract clearly states that the players of the game do not own the game or any of the digital objects within it, whether they control them or not. This has long been a contentious matter as there is a large trade in the sale of objects between players for hard currency, so called Real Money Trading (RMT).

This ruling means that there is a degree of control that someone can have over an object which is sufficient for that object to be stolen. The question that has puzzled both the industry and academics for many years is: if a digital object is capable of being stolen, does this mean that other rights accrue to a player? For example, irrespective of what the contract says, can a player:

sell an object?
claim rights if an object is deleted or changed by company?
claim compensation if a game is closed?

For the moment, this matter is restricted both to The Netherlands and to the specific matter of theft. However in China and South Korea there have been similar types of cases which have made it to the courts, in these judges have displayed a general trend to grant more rights to players than are stated in their contract and to see digital objects as being akin to physical property in certain important respects. The fact that a case in the EU has got to such a senior court and has ruled along the same lines is likely to carry some weight with other cases that may occur in the West.

For details of the Chinese, Korean and other cases see tVPN’s white paper on Virtual Objects and Public Policy which examines both cases and statute in detail.
Kaarous Aldurald
Black Hydra Consortium.
#84 - 2014-03-05 11:42:25 UTC
Salvos Rhoska wrote:


And Kaarous Aldurald.

The EULA is not law. Its just an agreement. Elements of it may or may not be actually legally binding depending on the laws, specifics of an issue, disposition of a particular judge, of where-ever an issue is brought before a court. You can put whatever you want into a contract/agreement/whatever, but that doesn't mean that those elements are actually legally binding, nor that the EULA itself, in its entirety, is legally binding.


None of that succeeds in refuting my point.

Here, I'll help you. Finish this sentence:

"Binding contracts aren't binding because..."

The "A" in EULA means "Agreement". If you click yes in the checkbox, then you have agreed to those terms. None of which are unusual enough to warrant a legal exception being made.

"Verily, I have often laughed at the weaklings who thought themselves good because they had no claws."

One of ours, ten of theirs.

Best Meltdown Ever.

Salvos Rhoska
#85 - 2014-03-05 11:45:56 UTC  |  Edited by: Salvos Rhoska
Kaarous Aldurald wrote:
Salvos Rhoska wrote:


And Kaarous Aldurald.

The EULA is not law. Its just an agreement. Elements of it may or may not be actually legally binding depending on the laws, specifics of an issue, disposition of a particular judge, of where-ever an issue is brought before a court. You can put whatever you want into a contract/agreement/whatever, but that doesn't mean that those elements are actually legally binding, nor that the EULA itself, in its entirety, is legally binding.


None of that succeeds in refuting my point.

Here, I'll help you. Finish this sentence:

"Binding contracts aren't binding because..."

The "A" in EULA means "Agreement". If you click yes in the checkbox, then you have agreed to those terms. None of which are unusual enough to warrant a legal exception being made.


You don't know what you are talking about.

There is a reason law degrees take years of study to get, and the ignorance in your assumptions about these matters demonstrate concretely why that is. You are not understanding the important legal distinctions riddled all over this issue.

Clicking a box is not just clicking a box.
Signing a contract also does not actually legally bind you to everything written therein.
Your understanding and approach to these issues is so elementary as to be almost laughable.
You know so little, that you can't even comprehend how little it is that you actually understand.

A contract/agreement cannot dictate the law, nor is it the law, nor can it circumvent the law.
Meilandra Vanderganken
Aliastra
Gallente Federation
#86 - 2014-03-05 11:47:07 UTC
Kaarous Aldurald wrote:


None of that succeeds in refuting my point.

Here, I'll help you. Finish this sentence:

"Binding contracts aren't binding because..."

The "A" in EULA means "Agreement". If you click yes in the checkbox, then you have agreed to those terms. None of which are unusual enough to warrant a legal exception being made.


Binding contracts are only binding if they hold up in a court of law :P
Kaarous Aldurald
Black Hydra Consortium.
#87 - 2014-03-05 11:48:38 UTC
Salvos Rhoska wrote:

You don't know what you are talking about.

There is a reason law degrees take years of study to get, and the ignorance in your assumptions about these matters demonstrate concretely why that is. You are not understanding the important legal distinctions riddled all over this issue.


We've got a space lawyer here, folks. So please, extol upon me the reasons why you are qualified to tell me what is, or is not, lawsuit worthy.


Quote:

Clicking a box is not just clicking a box.
Signing a contract also does not actually legally bind you to everything written therein.
Your understanding and approach to these issues is so elementary as to be almost laughable.
You know so little, that you can't even comprehend how little it is that you actually understand.


Providing none of the terms are explicitly illegal and the signatory was of the age of majority, yes, it literally does.

"Verily, I have often laughed at the weaklings who thought themselves good because they had no claws."

One of ours, ten of theirs.

Best Meltdown Ever.

Benny Ohu
Royal Amarr Institute
Amarr Empire
#88 - 2014-03-05 11:52:42 UTC
dear boring people in the thread, please stop being boring

Luwc wrote:
bump . lets troll this guy out of eve.


no. let's laugh at what happened, let's criticise him for his bad attitude, but let's not harass the dude
Demica Diaz
SE-1
#89 - 2014-03-05 11:56:16 UTC
Dunno, something is wrong with that story. Odd "holes" and if hes WoW player then he should know that max level is 90, not 95 like he claims. I dont buy it. *shrugs*
Hasikan Miallok
Republic University
Minmatar Republic
#90 - 2014-03-05 11:56:21 UTC
Kaarous Aldurald wrote:



Quote:

Clicking a box is not just clicking a box.
Signing a contract also does not actually legally bind you to everything written therein.
Your understanding and approach to these issues is so elementary as to be almost laughable.
You know so little, that you can't even comprehend how little it is that you actually understand.


Providing none of the terms are explicitly illegal and the signatory was of the age of majority, yes, it literally does.



Seriously that depends on the jurisdiction.

In the US there has even been conflicting rulings from courts in Kansas and NYC on this matter that has yet to be resolved. If you have access to case law look up Klocek v. Gateway (US District Court of kansas) and Brower v. Gateway (New York State Appeals Court).
Meilandra Vanderganken
Aliastra
Gallente Federation
#91 - 2014-03-05 11:56:50 UTC
Benny Ohu wrote:
dear boring people in the thread, please stop being boring

Luwc wrote:
bump . lets troll this guy out of eve.


no. let's laugh at what happened, let's criticise him for his bad attitude, but let's not harass the dude

He's likely to quit in the coming months without being harassed, unless he get's an epiphany and starts to 'get' EVE.
Salvos Rhoska
#92 - 2014-03-05 11:57:44 UTC
Kaarous Aldurald wrote:
We've got a space lawyer here, folks. So please, extol upon me the reasons why you are qualified to tell me what is, or is not, lawsuit worthy.


I have studied two years at law school. You?

Kaarous Aldurald wrote:

Providing none of the terms are explicitly illegal and the signatory was of the age of majority, yes, it literally does.


Nope. Its really not that simple at all. But I don't expect you to understand that.
Kaarous Aldurald
Black Hydra Consortium.
#93 - 2014-03-05 11:59:53 UTC
Salvos Rhoska wrote:

Nope. Its really not that simple at all. But I don't expect you to understand that.


Finish the sentence:

"A binding contract is not binding because..."

"Verily, I have often laughed at the weaklings who thought themselves good because they had no claws."

One of ours, ten of theirs.

Best Meltdown Ever.

Beta Maoye
#94 - 2014-03-05 12:01:33 UTC
The statement of "Go back to WoW" is prejudicial. If anyone think WoW is easy, try to run a 25-man raid in heroic mode. The complexity of gameplay in WoW is no less than EVE. However, PVP in WoW is optional, yet PVP in EVE is nearly compulsory. Those seasoned PVP gamers in WoW will have little or no difficulty to do the same thing in internet space. On the contrary, those WoW gamers that chose not to contest in PVP will have a hard time beginnig their venture in EVE.
Salvos Rhoska
#95 - 2014-03-05 12:05:44 UTC  |  Edited by: Salvos Rhoska
Kaarous Aldurald wrote:
Salvos Rhoska wrote:

Nope. Its really not that simple at all. But I don't expect you to understand that.


Finish the sentence:

"A binding contract is not binding because..."


Because it is not law. Only law is binding.
Whether the stipulations and agreements within the contract are binding, is entirely dependent on the legal status of those self-same.
In and of themselves, they are not legally binding at all, and much less contractually so.
Kaarous Aldurald
Black Hydra Consortium.
#96 - 2014-03-05 12:07:21 UTC
Beta Maoye wrote:
The statement of "Go back to WoW" is prejudicial. If anyone think WoW is easy, try to run a 25-man raid in heroic mode. The complexity of gameplay in WoW is no less than EVE. However, PVP in WoW is optional, yet PVP in EVE is nearly compulsory. Those seasoned PVP gamers in WoW will have little or no difficulty to do the same thing in internet space. On the contrary, those WoW gamers that chose not to contest in PVP will have a hard time beginnig their venture in EVE.


I once tanked a BC raid (pre nerf Black Temple) while hung over so badly I was unable to stand under my own power. (ah, college)

That game is not "hard", by any stretch of the imagination. You're confusing tedium, repetition, and grind with actual difficulty.

"Verily, I have often laughed at the weaklings who thought themselves good because they had no claws."

One of ours, ten of theirs.

Best Meltdown Ever.

Victor Andall
#97 - 2014-03-05 12:15:31 UTC
The second I started reading the second page.

And saw the words GSF Recruiter.

I started preparations for Cringe.

I just undocked for the first time and someone challenged me to a duel. Wat do?

19.08.2014 - Dinsdale gets slammed by CCP Falcon. Never forget.

Zifrian
Federal Defense Union
Gallente Federation
#98 - 2014-03-05 12:18:54 UTC  |  Edited by: Zifrian
No way this guy is a lawyer. I can't even imagine a lawyer in a non-English speaking country.

As far as the scam, I'm sorry but that is completely fing obvious. No one has that much money not to care. Lawyers don't make that much. A three year old is smart enough to know that when someone takes away your lollipop you don't hand over another one.

My bet is this is an RMT scammer or some other illegitimate way to get plex. His complete disregard for the real money for PLEX connection suggests he has no problems with losing his stuff - probably because it's not his to begin with. All the I'm going to get my killers stuff is hot air. He just wants to trick out a ship and go PVE? Come on. This isn't your run of the mill wow player that has extra cash that they will just throw away. Who throws away money like that unless it isn't theirs?

Maximze your Industry Potential! - Download EVE Isk per Hour!

Import CCP's SDE - EVE SDE Database Builder

Kaarous Aldurald
Black Hydra Consortium.
#99 - 2014-03-05 12:22:47 UTC
Zifrian wrote:
Who throws away money like that unless it isn't theirs?


While this probably breaks some kind of internet meme or unwritten rules, I'll go ahead and say it.

There's only one class of people that universally has no respect for money and has such poor spelling.

Pre-teens.

"Verily, I have often laughed at the weaklings who thought themselves good because they had no claws."

One of ours, ten of theirs.

Best Meltdown Ever.

Beta Maoye
#100 - 2014-03-05 12:27:18 UTC
Kaarous Aldurald wrote:

I once tanked a BC raid (pre nerf Black Temple) while hung over so badly I was unable to stand under my own power. (ah, college)

That game is not "hard", by any stretch of the imagination. You're confusing tedium, repetition, and grind with actual difficulty.


Which game does not have its portions of tedium, repetition and grinding?