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fowlen
Total Newbie
Joined: 26 Jun 2007
Posts: 10
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 Posted: 06/27/07 - 03:00 Post subject: Completegibberish plz read
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I'm a student at Wittenberg University, in Ohio majoring in Criminal Justice, and also an avid World of Warcraft Junkie. I was reading your phishers beware post, and I just thought I would let you know the truth to that. You're post was mostly correct, internet fraud is just as punishible as check or mail fraud. But with WoW its different. As you know trading, selling, buying WoW accounts is against Blizzards Terms of Service. and that the character you are playing is clearly stated that is property of Blizzard Ent,. and no your own. So the problem lies within that. Since it is a clear breach of the contract you agree to while playing WoW. The only thing even the best lawyer, or any law enforcement agency could do is turn the matter over to Blizzard Ent. Which they really frown on trading accounts and such, which is also reprimanded by an instant permanent account ban. All Blizzard will do is ban the said account in question, and neither party would be punished by law, nor would there be a returned account. I had about a 6 hour talk with a Law Professor, and also talked to my father who is a Lawyer... So please post a new banner where people will know to be more careful. Also, since finding this out, could you remove my post on wanting to sell my account, after finding this out, Im too worried about losing my account with no compensation.
Matt Robinson
Study of Crimal Justice, and modern law
Wittenberg University
Ohio
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CompleteGibberish
Administrator
Joined: 09 Feb 2007
Posts: 6259
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Posted: 06/27/07 - 07:35 Post subject:
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There is a situation your not aware of and they should teach you in School.
With virtual property,noone wants to go to court.
Why?
If the property is actually found to be the consumers,based on any varying of reasons from time invested,capitol invested,effort invested,etc,etc then the online game companies are basiclly screwed. A server reset, resulting in a loss of an item or faction or any number of things, would go from a simple complaint to an actionable offense.
If the property is found to completely be the game companies,then they start suing,throwing out C and D's and filing injunctions left and right.
China is making big steps in this field and people have successfully sued players and game companies. I can reflect and say 1 actually resulted in a finding, player VS player, while all suits against the companies were settled.
It is a scary path that noone is willing to take to the limit. Until them, it is fraud,regardless of the possessing companies feelings
It's like the property line. When you bought the house, you did not ask it to be marked solid. Then the time comes, for no reason or another, you need a fence. It puts you in the position of " Do i ask my neighbor, who would love to have more and may lie or do i go to the courts and hope like hell what i think is mine is mine, knowing that if they say it is not my neighbor is going to hose me on the fence i installed"
maybe not an accurate analogy for some, but it would hit home with anyone in the south 
You should consider striving towards a specialized field in representing people pertaining to Virtual property, because it is one set of Laws that are BARELY written in the sand, much less stone
(FYI: Would be under RealPoor general talk, in the future, not hall of shame)
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CompleteGibberish
Administrator
Joined: 09 Feb 2007
Posts: 6259
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Posted: 06/27/07 - 07:53 Post subject:
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I get things jumbled, so i made a repost to help you understand that the LAW is not the LAW 
"As many of you know, the latest content patch, along with many great new content additions, contains technical counter-measures designed to combat in-game gold spamming. Our efforts to reduce in-game abuse and create a fun, safe environment for everyone are never-ending.
With that said, we felt that it was important to share with the community just how serious we are in our efforts to combat this type of abuse. Blizzard has filed a federal lawsuit against the operators of Peons4hire, a popular gold-selling organization which many of you have no doubt seen advertised. As part of the lawsuit, the operators of Peons4hire have been asked to immediately cease all in-game spamming efforts by all entities and websites under their control.
If this organization refuses to act accordingly, further legal action will be taken. We'll be sure to keep you posted on the progress of this topic. Our efforts to combat this type abuse will be ongoing, I assure you. Also, keep in mind that Peons4hire was one of the larger organizations focused on in-game spam abuse. Do not underestimate the value of the message this action will send to to others who participate in similar abuse.
In short, we're making waves.
Now, i want you to view the key words in that statement.
As part of the lawsuit, the operators of Peons4hire have been asked to immediately cease all in-game spamming efforts by all entities and websites under their control.
Now, if they are actually going thru with this, why ask them to stop as part of it. If they had a legal foot they would file other motions to forcedly stop peons4hire.
A motion for C and D until the suit is resolved is how it is handled in a lawsuit seeking to actually reach a finale resolution thru the court system.
A consumer advocate group known as Public Citizen has filed a lawsuit against Blizzard Entertainment, makers of the popular massively multiplayer online game World of Warcraft. The lawsuit, filed in the US District Court for the Central District of California, seeks to restore the right of Brian Kopp of Bronson, Florida, to sell his online strategy guide on eBay. Previously, eBay had blocked auctions of the strategy guide after Blizzard invoked the provisions of the Digital Millennium Copyright Act (DMCA), claiming that the guide violated the game maker's copyright laws.
"Copyright laws are designed to promote creativity and innovation, not squelch it," said Greg Beck, the Public Citizen attorney representing Kopp. "A video game is copyrightable just like a book, and just like a book you should be able to comment on it, create new works inspired by it, teach about it in classes, write newspaper articles about it and so on. It is this kind of innovation and open discussion that the copyright laws are supposed to foster. By claiming that mere publication of a how-to book about its game infringes its copyright, Blizzard has interpreted its intellectual property rights in a way that would prohibit legitimate commentary that is protected by the First Amendment."
Kopp wrote his guide, entitled "The Ultimate World of Warcraft Leveling & Gold Guide," and began selling copies of it on eBay on August 18, 2005. The guide contains tips on how to play the game, but does not contain any copyrighted text or storyline. After he began selling the guide, Blizzard, Vivendi, and the ESA filed notice against eBay under the DMCA, and eBay terminated his auctions. After a certain number of auctions were terminated, eBay suspended Kopp's account in accordance with their stated policy.
That lawsuit disappeared and the guides are still being sold on ebay.
A Florida man has sued IGE over the company's third-party virtual currency business in World of Warcraft. The lawsuit, on behalf of all WoW players, claims that their action devalues the assets of all World of Warcraft players.
Speculating here, but this could be an interesting case if it comes down to a question of whether or not these are truly assets. If they are assets, that might be interesting for those who believe the government should tax virtual assets. If they are not in fact assets, then there was nothing for IGE to devalue.
You can find a PDF of the complaint here.
Now, why would an attorney bother with this case ? Mr. Hernandez has no legal claim under rights of property since he clearly rents a slot in WoW and it is up to Blizzard to allow or disallow certain practices to go on...yet,there it is.
The old adage is you can sue anyone for anything, but this guy, if it is found he actually owns the code that makes his toon and items, will have a legal leg on which to stand.
A Reuters article details the story of (what I believe is) the first online-gaming lawsuit won regarding virtual theft, with a Chinese court ordering a game company to 'return hard-won virtual property to a player whose game account was looted by a hacker'. Apparently, the article feels the need to throw in that the RedMoon-playing gamer's looted booty included 'a make-believe stockpile of bio-chemical weapons' for some reason... 'I exchanged the equipment with my labor, time, wisdom and money, and of course they are my belongings,' said Li Hongchen (the gamer) and the courts agreed, ordering the game company to restore his bounty.
now, you can bet your ass that got a lot of people scared. It opened the door for any game made for online play, to basically be owned the minute a player purchases and creates an account.
You do not think that scares Blizzard,SOE,etc,etc ??
Book smart is sort of useless where the DMA and virtual property belong because the DMA wasn't made for virtual property.
Stay in school, learn the lesson that anyone can sue for anything and can win,setting precedents that will ripple thru entire countries.
I hope i have enlightened you and you, in kind, will enlighten someone else.
Watch and see, one day our monthly service will be considered a premium service and will be very costly because a company will be offering us a new avatar with new experiences and new places and new options to sue when something bad happens, hence it will be costly to play.
A companies greed is only slightly higher than a players....slightly
Ciao
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General xial
Banned Scammer
Joined: 22 Sep 2007
Posts: 203
Location: Somewhere sticky and gooey
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Posted: 10/05/07 - 04:24 Post subject:
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This post is missing due to a database problem. Database recovery is on the way. Please do not edit this entry!
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Spleef
Banned
Joined: 18 Aug 2007
Posts: 616
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Posted: 10/05/07 - 12:06 Post subject:
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This post is missing due to a database problem. Database recovery is on the way. Please do not edit this entry!
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M i s c o n s t r u e d
Banned
Joined: 26 Sep 2007
Posts: 779
Location: rawwr
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Posted: 10/05/07 - 12:16 Post subject:
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General xial
Banned Scammer
Joined: 22 Sep 2007
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Location: Somewhere sticky and gooey
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Posted: 10/10/07 - 06:19 Post subject:
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General xial
Banned Scammer
Joined: 22 Sep 2007
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Location: Somewhere sticky and gooey
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Posted: 10/10/07 - 06:20 Post subject:
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crankDATjumpROPE
Banned Scammer
Joined: 07 Oct 2007
Posts: 21
Location: pits of hell
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Posted: 10/13/07 - 03:36 Post subject:
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