World of Warcraft Account and Ebay

What is the name of your state?
New Jersey

First of all, I would like to state that I am aware of the moral deficiencies in my situation and it would make me a complete "jerk" for lack of a better term. However, I'm interested to know what legal implications my situation has. The end result is hypothetical and has not yet been acted upon.


Description:

Several months ago I sold the popular computer game, World of Warcraft, to a young man in Canada using Ebay and transferring the funds through paypal. The total amount was $375; the reason the price was so much higher than the original $50 cost of the game was due to the fact that the game also comes with a registered online account with my name permanently registered to the account, which is maintained by the games producer, Blizzard Entertainment.

It turns out that this original purchaser re-sold the account to another party between then and now. At this time, I am interested in re-attaining my original account due to changing my mind and honestly, due to being selfish and wanting my way. Technically speaking, I can re-take the account with or without the support of the person currently using the account due to Blizzard Entertainment's terms of use and operating procedure. However, I have not done so yet because I simply can't justify stealing a person's money like that.

So, with that said, this is my possible plan: Send a check to the current owner of the account for the full purchase price ($375), in addition to the fees he has incurred since the time he originally took over the account ($45). The argument that asks, what about the time he put in to using the account, can be answered by simply stating the fact that I am still responsible for using the account over 3/4's of the accounts existence and I am primarily responsible for developing the account.

Here is an excerpt from Blizzard Entertainment's Terms of Use that must be accepted by all parties before using the account at any time:

E. Blizzard Entertainment does not recognize the transfer of Accounts, and any authorized transfer of the World of Warcraft software (as set forth on the worldofwarcraft.com website) will result in the permanent deletion of the Account attached to that software. You may not offer any Account for sale or trade, and any such offer is a violation of this Agreement and may result in suspension or termination of the Account.

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Technically speaking, Blizzard Entertainment should have and may cancel the account at any time, however, beyond that, it's my understanding that Blizzard Entertainment never legally recognized the transfer of ownership for the account.

My question is simply this: If I were to go ahead with my plan, besides being a "jerk", what kind of legal options does the third party have? There was never any oral or written contract between myself and this third party.

Could you clarify just exactly what is going on here?

The short version:

I sold an online gaming account, which was resold to someone I had no knowledge of and have never met. I would like to force-ably take this account back and refund the price paid for the account to this third party. The account has no set value or method of appraisal but it had been sold for a price of $375.

You can't "force-ably" do this.

By using force, I do not mean in the physical sense. What I would do is simply make a phone call to the company and take advantage of their account recovery services; they side with the original account owner 100% of the time based on their Terms of Use.

What I would do is simply make a phone call to the company and take advantage of their account recovery services....

Fraud, theft, stealing by deceit....

These are a few terms that come to mind when I read your post.

homer581 said:

What is the name of your state?
New Jersey




The argument that asks, what about the time he put in to using the account, can be answered by simply stating the fact that I am still responsible for using the account over 3/4's of the accounts existence and I am primarily responsible for developing the account.



My question is simply this: If I were to go ahead with my plan, besides being a "jerk", what kind of legal options does the third party have? There was never any oral or written contract between myself and this third party.

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ok, well the "new" person using the account can't do much for enjoying an account created by someone else. Person B (or C) enjoyed the account.

Now, you sold the account, you want to cut them a check to refund them the purchase because you now decided you want it back?
From the quote from Blizzard, no, they don't recognize transfers of account, however - it sounds like if there is a big stink made, they can terminate YOUR account!!! So, then you will have spent $375 - or whatever the figure was, for nothing because the account is no longer valid.

Would it not be simpler for you to go out an buy the game again, for as you stated $50 and just make a NEW account???? Sounds cheaper and simpler to me. And less risky.

ablessin is right the people at Blizzard aren't stupid they will figure out that you sold the account and it will end up being deleted.

So take your $375, buy the $50 game, and start your account over because you have made it clear that you have no life outside of playing video games.

Alright, something kinda like this happened to me, except I was the middleman, I purchased an account from a guy through ebay. I talked to him on the phone he gave my the cd keys and secret password, EVERYTHING. Two months later I needed money for college and decided to sell the account, and I made exactly what I sold it for. Over a month later I got a Chargeback filed against me through PayPal, the man who bought my account was now trying to rip me off. I gave paypal all the information I had but they still sided with him. I closed my bank account attached to paypal, and have yet to pay them. I sent a thank you email to the guy who filed the chargeback against me for $350, and forcibly took back the account using the secret password he did not get.

In the end, I'd rather this guy keep the account and I get the money which I'll likely have to pay or PP will take me to court. But, as for now, this guy is out a super gaming account and 350 bucks, which is just what a natural scammer deserves.

My opinion on your situation is if you want a higher lvl character but don't want to level it, get a powerlevel, you can grab a 1-60 for around $300 now, your name your reputation, and completely safe. Put yourself in his shoes before you rip this account away from him, hes some random third party guy, and if he goes through blizzard to investigate they're going to notice a difference in the payment history and end up slapping that baby shut.

Buy a new game, get a PL or lvl yourself, but don't be a scammer unless you've been a victim yourself.

The legal folks at Blizzard Entertainment have been made aware of this thread. They are going to investigate it.

racer72 said:

The legal folks at Blizzard Entertainment have been made aware of this thread. They are going to investigate it.

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There was no personally identifiable material mentioned at any time in this thread. blizzard has no way of knowing which account is in question.

nice try scaring him though.

johnnysmartbum said:

There was no personally identifiable material mentioned at any time in this thread. blizzard has no way of knowing which account is in question.

nice try scaring him though.

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Do NOT resurrect old threads like this.

If you have a legal question, start your own.

Thanks.

johnnysmartbum said:

There was no personally identifiable material mentioned at any time in this thread. blizzard has no way of knowing which account is in question.

nice try scaring him though.

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Any you don't have a clue of what information I am privy to when it comes to this site.

Radia said:

It may not be legally right but I know of people that do this on a regular basis.

You CAN be prosecuted for it.

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Watch the dates...sheesh

Someone resurrects an old thread and *I* get blasted... thanks