Author

Topic: 2012-11-09 Linex Legal - Can you actually own the Sword of Azeroth? (Read 1177 times)

legendary
Activity: 1022
Merit: 1000
I think the user agreement prevent anyone from owning the digital items.

Yes probably, thats what it says in most EULAs (End User License Agreements). But its not legally binding unless there are laws to back them up or penalties the user agrees to in case of violation of those agreements. Example:

I sell my farmed WOW gold on ebay for USD. Unless the EULA states that I have to pay 1000 USD to blizzard for violating their EULA and unless there are federal/state laws that prohibit selling WOW on a secondary market, all blizzard can legally do is blacklist my account and deny its service with me. Thats at least what it would be like in Germany, if Im not mistaken.

Im no lawyer, so pls dont take that as legal advise, do your own due diligence!
legendary
Activity: 2114
Merit: 1031
I think the user agreement prevent anyone from owning the digital items.
legendary
Activity: 1232
Merit: 1001
legendary
Activity: 1022
Merit: 1000
Found a link to the article:

http://nopaste.me/paste/1757566770509d5e2ccfa83

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A subset of the virtual goods category is virtual currency, which is regarded as a substitute or competitor for ordinary currency.  One of the most prevalent virtual currencies are “Bitcoins”, a peer-to peer decentralized digital currency.   For more info on Bitcoins, see mashable’s handy summary here.

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Bitcoins (and other virtual currencies) raise further legal issues. Because Bitcoin accounts are identified by a serial number, not a name, and it is therefore hard to determine the identity of the account holder, Bitcoins can be easily transferred without a trail.  This could make them attractive to those who may be involved in funding illegal activity, money laundering or Ponzi schemes (a claim the US Security Exchange Commission started investigating in September in respect of one particular trader).   Because Bitcoins are a digital-only currency questions of online fraud, theft and misuse, in the absence of regulation, are of central importance.

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USA: Several proceedings have been filed against Linden Labs, the developers of the virtual world Second Life, on the basis that Linden have represented that the virtual real estate and goods they have offered for sale are property (See Bragg v Linden Labs [Wikipedia], which settled, and the ongoing class action Evans, Spencer, Spencer, Carter and Ors v Linden Labs and Rosedale [plaintiffs’ website]). [...]

The main focus of the article highlights the emergence and possible legislative steps towards trading and possessing virtual goods, like funny WOW hats, virtual real estate (did you know that someone paid 635k USD(!) for some virtual real estate in the MMO Eutropia Universe:

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In fact, in the massively multiplayer online (MMO) game Eutropia Universe, virtual real estate (a virtual resort called Club Neverdie) has been sold for real-world value of US$635,000, a feat which has put it in the Guinness World Record Book. (The previous record was for the sale of a space station in the same game, for over US$300,000).   The net circulation of Bitcoins is estimated at over US$100 million.) 
and virtual currencies, like SLL and BTC.

Its neutral in tone towards bitcoin but raises the (legitimate) questions of misuse for illegal activities and legal status if subject of a legal trail.
legendary
Activity: 1232
Merit: 1001
Well I found this article of Linex Legal, which seems to be a Lawyer Site of some sort. But you can't read it without registering, which in addition requires you to give and confirm them you work e-mail (what I won't do).

Could be interesting, but the only thing google reveals is:

Quote
Can you actually own the Sword of Azeroth?

One of the most prevalent virtual currencies are “Bitcoins”, a peer-to peer ... Because Bitcoin accounts are identified by a serial number, not a name, and it is ...


If someone can get behind this here is the link:

http://www.google.de/url?sa=t&rct=j&q=&esrc=s&source=newssearch&cd=1&ved=0CC4QqQIoADAA&url=http%3A%2F%2Fca.linexlegal.com%2Fcontents%2Fview%2F26152451&ei=BEedUJuxNcratAax24DAAg&usg=AFQjCNGczdQfQk7btjad96JipnDpXiiF6A&sig2=XVW7kGgPQTxwytFxx0p1uA&cad=rja
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