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Slightly Comical Lawsuit

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Howard098

Junior Member
Alright so here's the story.
A friend of mine plays an online game.
Being not too good at it, he offers to buy roughly $70 of in game currency.
Currency is delivered, friend defaults on payment.
Person selling the currency then threatens to sue.

Now here's the funny part.
Sale of in game currency violates the Terms and Conditions of the game.
In addition, the person suing has posted several offers of selling hacked netflix accounts/game accounts.

I had a decent laugh, told my friend there wasn't anything to worry about and at worst he'd have to pay $70.
He's still scared and freaking out.

Now how much trouble are they both actually in? Thoughts?
 


Mass_Shyster

Senior Member
I had a decent laugh, told my friend there wasn't anything to worry about and at worst he'd have to pay $70.
He's still scared and freaking out.
He should be. He is at least in breach of contract, and may have committed fraud. Neither is a laughing matter. Your friend is not a party to the contract between the seller and the online entity. This will not protect him.
 

FlyingRon

Senior Member
As pointed out, the fact that the game doesn't allow the currency to be sold doesn't alter the contract he had.
On the other hand, it's very easy to threaten to sue, and somewhat harder to sue in the appropriate venue (especially if the two parties are geographically distant).
 

tranquility

Senior Member
Here I am thinking a "contract" to violate terms of service (which could be a crime) might be void as against public policy, even if it wasn't a crime.
 

swalsh411

Senior Member
Violating software TOS is not a crime by itself. There would have to be an actual law making it a crime. (like piracy and conterfeiting). A software company cannot create statutes making something illegal just by putting a clause in their TOS.
 

tranquility

Senior Member
Violating software TOS is not a crime by itself. There would have to be an actual law making it a crime. (like piracy and conterfeiting). A software company cannot create statutes making something illegal just by putting a clause in their TOS.
Um..they may already have such a law.

See also:
http://www.law.cornell.edu/uscode/text/18/1030
http://www.volokh.com/category/computer-fraud-and-abuse-act/
http://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act
http://www.digitaltrends.com/web/understanding-the-cfaa/
 

swalsh411

Senior Member
None of that invalidates what I said. Merely breaking the ToS on some software is not illegal, and nobody has ever gone to prison for buying or selling in-game currency and items with real-world money because the ToS says you're not supposed to do that.
 

OHRoadwarrior

Senior Member
None of that invalidates what I said. Merely breaking the ToS on some software is not illegal, and nobody has ever gone to prison for buying or selling in-game currency and items with real-world money because the ToS says you're not supposed to do that.
I think the issue is that OP's friend has committed theft by deception or fraud, depending on local laws.
 

tranquility

Senior Member
What was stolen? Was it property or was it a license to use that the purported seller is not allowed to sell? Now, we can talk about intent at the time of the deal, but don't really need to.

This purported contract may not be a contract as there was not consideration (depending on the state), or will not be enforced as it is against public policy. Sure, someday, this may be allowed and enforced by the courts. But, not today.
 

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