1. The problem here is the sense of entitlement that people falsely cling to.

    Your argument between a domain name and an MMORPG is mute. Not only because you enter into two totally different legal situations, but because there is a governing body overseeing Internet name registration. If there was an MMORPG Avatar Rights Group, it may be a different story.

    Click-through EULAs may not hold a lot of weight after the Second Life case, but they are still upheld as a legal agreement between the two parties.

    The age old, “don’t like it, don’t play”, holds up well here. It annoys me when people agree to something and then demand something afterwards that was never agreed to.

  2. I actually never read the EULA about transferring media allowing people to transfer characters. That would create a big loop hole for people selling gold too perhaps.

    I’m selling 1000 gold / my character / my disk
    Buyer pays for gold/char/disk and sells back the char/disk

  3. I can understand why gaming companies want to set it up legally such that you only have use rights or some form of limited license. If you actually owned your character, that creates a whole bunch of legal issues relating to the behavior of the developer. Sure, you would have rights to sell your character, but a developer would have to build in a lot more legal protection around the way continued developments impact characters. If you owned characters outright, they would then be considered property of yours with an associated monetary value. Since, as you say, people invest significant time into their characters, would such a person have a right of action against, say, Blizzard, for a massive (intentional) nerfing to an overpowered character class? It devalues the character, wiping out the value of all the hours you devoted to making that character uber in PvP and with all the best gear. What about gear nerfs? What about liability for downtime or shutting the entire game down altogether? One could classify such incidents or actions as preventing you access to your property.

    I’m not saying that games can’t set up a EULA that makes your characters your property, only that it’s pretty goddamn complex to do so and full of additional risk for developers that they don’t need to take on. Besides, everything you do is a generation of their system with just a couple notable exceptions–if you spend significant time on your backstory or some other truly user-created content, then maybe you have a more fairness-based argument as to your continued ownership. For example, what if someone created a backstory for their WoW character that later served as the basis for a best-selling (but not specifically WoW-based) fantasy novel? I don’t see the particular parts of the EULA you posted as causing any problems in that area, but I am sure there are other EULAs that might attempt to capture such user-created content as their own property. That would make an interesting court case.

  4. ok, i sold my account… and i am trying to see if its legal to get it back… can the buyer press charges?

  5. Yea i sold my account as well and i want it back, the website i sold it to says that returns arnt aloud so i was wondering what the legal ramifications would be if i just called blizzard and changed my account password and email.

  6. If you do not own the account then you can not sell it.
    If a company knows the EULA then they understand that you can not legaly buy or sell an account from anyone but the company that owns the rights.
    Therefore any transaction is not legal wether buying or selling.
    If you sold an account to a company then say “toonstorm” they would have to prove that they were not aware of the TOS/ULA to claim fraud.
    Since it is thier business to know said information then they would not have grounds to stand on.
    It would be very easy to state you were only selling them your account information for as long as said information was valid.
    Now as far as selling to an individual this may be different and I am certainly not a lawyer but those are my views.

  7. I agree with you 100%. Those characters take a tone of time and effort to build up. When i Played EQ1 I was in a guild that was one of the first to enter the Planes of Time and I got neaerly 5k a peice for my 2 characters when i quit! Now that made the game not a waste of time and that is a good thing. Had fun and earned money, cant beat that!

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