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Online Gaming - Stolen Accounts

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Zylia

Junior Member
What is the name of your state? New York

I hope I put this on the proper forum. This is an issue about a Massive Multiplayer Online Role Playing Game (MMORPG) which has a monthly service fee to use.

I play an online game called Final Fantasy XI Online based out of Japan and California in the United States. The services cost around $14 a month. Some players of that game have played for 5 years with the same user name, street address, and credit card information. Recently, a malicious script was placed on a help-website using an exploit in RealPlayer from earlier this year. Because of this, a good number of players lost their account information. It is believed the script was placed on the website by a third-party group of Real Money Traders (RMT) who gather currency from the game to sell online to players, which is not condoned by Square Enix. Square Enix in recent months has done a lot to curb their in-game currency gathering activities, and as a result they are very limited in getting currency to sell on their websites. They have seemingly began to steal player accounts through this exploit in hopes of making currency from the sales of their in-game valuables. Friends of hacked players have tracked down their victimized friend's character in the game and are either blocked off from communication or view them transferring valuable items to another account, while the real owner of the account can do nothing.

When players who have lost their account attempt to reclaim them calling up the company, even 20 minutes after the theft occurred (you are disconnected from the game when logged in from another terminal) they will not assist in the matter, even if you provide all relevant identification, including the original keys that you were required to enter when installing the game and your real name, street address, previous password, and credit card number. This includes knowing the time and date when the account password and credit card information was changed. The reason for this is, whoever has stolen the passwords has found a way to very quickly change the password as well as the credit card information. And SE has a policy where if the 'owner' does not know the current valid credit card information, the account does not belong to them, despite presenting every possible form of identification and proof of ownership. The original owner cannot even freeze the account so that their characters are not stripped of all value before their eyes.

The official policy of the company, Square Enix (SE), is that accounts cannot be bought or sold to other players. In essence, the transfer of a character from one party to another should not occur and should not be supported.

When a player asks the company what they should do, they tell them to contact their local authorities. When several players have contacted their local authorities, they tell the victims that it is an issue with SE and that in order to further pursue it they would have to submit a complaint to the FBI, telling them to visit http://www.ic3.gov/ for help from them. There are no protections for the player in terms of account security. There have been dozens of players turned away even though they can say when they started playing, their previous CC info, previous name on the account, street address, - anything that was required of them to enter at the membership screen. A lot of the players sent to the ic3.gov website assume that their claims wont be taken seriously, since it is an online video game and these guys are probably dealing with much more important issues than a screwed over video gamer.

I know this sounds very silly to some people. I'm sure it seems very irrelevant and minor. Some of the people who lost their accounts have played the game for 5 years, and have spent a good amount of time building their characters in the game. Doing the math however, over 5 years $14 a month adds up to around $167/year and $837 overall give or take (some people pay an extra $1 for a secondary storage character, the stated price is $12.95 but most in reality pay $13.95 with that charge). Many of us also have invested in the game itself and four expansion packs retailing at around $29.95 each, bringing the total investment over the years of play to close to $1000.

Square Enix is not providing protections for their players investments, and given that the situation is a known problem, and with Square's recent release of a non-full screen version of the game that allows web-browsing, they are falling back on their disclaimer that if you visit websites in windowed mode you are asking to be hacked.

My question is, is there any sort of legal response that can be sought after by players whose accounts have been compromised (all within a span of one week too it seems) since they have lost what potentially could be $1000 and 5 years of wasted time in damages? Who would that claim have to be aimed at? Is there any sort of legal action that can be taken against SE for not better protecting the identity of players since whoever did hack their accounts has access to their real names and street addresses? The process for changing membership information relies entirely on logging into the account.

If anyone can answer this I would greatly appreciate your time in doing so. My account hasn't been hacked as of yet, but I have a few friends who lost their accounts and are very desperate to work to get them back or at least get compensated for their wasted time and money. On the players side, we are working on petitioning Square Enix to enhance their security and change their policies. That doesn't help the players who have already lost their accounts however, and that is what I am hoping to help them do with any advice someone can give me.

Thank you
~Zylia
 
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Some Random Guy

Senior Member
Your monthly fees are for access to the game during the month. If you do not get $14 per month enjoyment out of playing then stop playing.

The SE policy is that all characters are property of SE and that you are only subscribing to the service. Therefore, your characters do not increase in monetary value over time since they are not really yours. You may like the characters better after 5 years of playing, but they are not yours to sell so you have not lost $1000 for your account.

The only claims here would be against the hackers who gained unauthorized access to your account.
 

Zylia

Junior Member
What about people who have asked to have the accounts frozen at the time of theft? One of my friends asked to have it frozen as the service for the month of December was already billed on their credit card account, but as the account no longer 'belongs' to them they do not have access to it, so in theory they are paying for the hackers 'month' in the game.

Could they attempt to get that $14 back? I know it might not be worth it but just wondering if that would be possible.
 

Zigner

Senior Member, Non-Attorney
What about people who have asked to have the accounts frozen at the time of theft? One of my friends asked to have it frozen as the service for the month of December was already billed on their credit card account, but as the account no longer 'belongs' to them they do not have access to it, so in theory they are paying for the hackers 'month' in the game.

Could they attempt to get that $14 back? I know it might not be worth it but just wondering if that would be possible.
Dispute the charge with the credit card company.

And, I'd recommend you reconsider paying for a service that you feel has such a poor security policy...
 

Zylia

Junior Member
It's been pretty good up until last week :( I've played for 4 years myself and have never had an issue. We have a widely used forum that has massively been submitting complaints, so hopefully we can get the policy changed and have some sort of added security for it.

Thank you for answers so far. It's not what I really want to hear but it does make a lot of sense unfortunately :(
 

SnowCajun

Member
It's been pretty good up until last week :( I've played for 4 years myself and have never had an issue. We have a widely used forum that has massively been submitting complaints, so hopefully we can get the policy changed and have some sort of added security for it.
I find it sad that when someone comes for help here that they get seemingly frigid responses like, "If you do not get $14 per month enjoyment out of playing then stop playing." To me that's so cold and callous, it's almost like a troll hiding under a bridge waiting to pounce on some unsuspecting bypasser, I guess I just don't get it why people are so cut and dry towards each other. Zylia came here with a legitimate question, obviously not expecting for someone to respond in such a manner because they've never invested that amount of time or effort in an online game.

I guess next they'll tell you to "get a life" Zylia, but they don't understand. I've played these games and I know the amount of time you can tie up in them, I discovered after a few years of playing Everquest II way too many hours a day that I felt I was wasting my life, but some really get wrapped up in these games and the amount of hours they invest in them are more than they invest at work even. That may not be what others like to see or even approve of, but Zylia came here with a legitimate question that he/she was very concerned about and got so casually told, "If you do not get $14 per month enjoyment out of playing then stop playing." It's just not that simple when you've invested years in a game and expect the company you've invested your time and money with to at least make some effort to protect you.

I think one thing our country needs to wake up and realize is that when someone steals from another person in this fashion they're stealing much more than just online virtual money, they've stealing the hours and hours, or months and years of effort these people have put forth to build up what they've invested in the game. It may not appear to have value to those who have responded, but believe me I know it does to Zylia. There should be stricter laws regarding this kind of theft, and I think in time they will come in the future because more and more of these type of games are being designed.

Zylia, I'm not sure why this company is not responding to you, as with so many games anymore there are so many hackers and cheaters that they're ruining the gaming for everyone. It doesn't matter to them that you've invested so much of your life in the game, they only care that you may have something they can steal from you and sell to line their real life pockets. The game company has ways of tracking the IP addresses of who logged on to your account, but you have to get them to care enough to act upon this theft first. You'd think they would but so often it seems they don't.

I don't have the legal advice for you that you seek, only a bit of emotional support for the suffering you're going through because I've built up top level characters before with tons of game money and know how bad of a hit that would have been had someone stolen it from me. Good luck with your quest to get action, and try to ignore some of these cold and callous responses from people who have never enjoyed the this type of gaming you and I have.

SnowCajun
 

Some Random Guy

Senior Member
I find it sad that when someone comes for help here that they get seemingly frigid responses like, "If you do not get $14 per month enjoyment out of playing then stop playing." To me that's so cold and callous,
It needs to be made abundantly clear to the poster that they do not own the character(s) in their account. They are paying for monthly access to the game, not for ownership of an asset.

Yes, you can get emotionally attached to a game, but you have to realize that from a legal perspective, the character is the property of the gaming company and the gaming company has broad rights as defined in their monthly agreement with the players in terms of their liability. The players, by signing up for access are agreeing to not hold the company liable for hacking, accidentally erased accounts, lost items, etc.

http://www.playonline.com/ff11us/rule/index.html

Article 2: Data Collection and Privacy
In the course of your playing the Game and using the PlayOnline Service, you may accumulate certain usage statistics, score information, character traits, performance records and other Game-related data that are stored for you in the Game and on PlayOnline servers (collectively, your "Player Data"). SEI makes no assurances, representations or warranties whatsoever about the accuracy, currency or continuing availability of this Player Data at any time and reserves its right, at any time and from time to time, without notice to you, to delete all or any part of your Player Data. SEI shall have no liability to you or to any third party for any such deletion, and further shall not be held responsible for any complete or partial deletion done or caused by you, any third party, or other act or occurrence beyond SEI's reasonable control, such as a fire, power outage, natural disaster, terrorist act, equipment failure or any other such act or occurrence, whether or not similar to the foregoing.
 

SnowCajun

Member
This is not an emotional support board...
I don't disagree with that, but I also don't see where this board is designated as a "dump on you board" either! Why is rudness the norm instead of civil and courteous behavior? I guess I expect more out of people than to sit back and watch nasty responses tossed out at folks who come here for a serious answer! I honestly feel they shouldn't have to endure such curt and wisenheimer responses as if this is nothing more than someones only form of self entertainment. If I'm wrong then I'm wrong, but I think we're above this, or should be!

SnowCajun
 

Zigner

Senior Member, Non-Attorney
I don't disagree with that, but I also don't see where this board is designated as a "dump on you board" either! Why is rudness the norm instead of civil and courteous behavior? I guess I expect more out of people than to sit back and watch nasty responses tossed out at folks who come here for a serious answer! I honestly feel they shouldn't have to endure such curt and wisenheimer responses as if this is nothing more than someones only form of self entertainment. If I'm wrong then I'm wrong, but I think we're above this, or should be!

SnowCajun
Where was anybody rude (etc) to Zylia? :confused:
 

Zylia

Junior Member
It appears that the company made an acknowledgment about the hackings and a few have been told they might be able to retrieve information. There are over 50 players (known and who have posted on a cross-server forum). Some of them took steps following the first round to secure their computers and still lost them as of even yesterday.

I appreciate the information and the support given and I really didn't take offense to it even though I can see it as Snow does. Snow definitely sees this from the MMO players perspective and sees why it isn't something we readily want to let go of without a fight. I see that realistically the information isn't ours, I relayed it over to a few of my hacked friends and they had to agree even though they didn't really want to believe it. We're attempting to pass around a petition to change their policies. It's a cross server effort and each server houses anywhere from 2-4k players every night, so hopefully, despite the legal dilemma this situation poses we're hoping to get some sort of changes going.
 

SnowCajun

Member
Where was anybody rude (etc) to Zylia? :confused:
I was responding to what Some Random Guy said early on, I've copied his quote over to show what I was talking about.

Your monthly fees are for access to the game during the month. If you do not get $14 per month enjoyment out of playing then stop playing.
I really didn't want to make a war out of this, I just felt that this response was cold and uncaring, and lacking greatly in understanding how someone feels after investing five years into building up a character and saving their money the way Zylia has only to have it stolen from them.

It's easy to say, "if you don't like it stop playing", but you don't just up and throw away something you've invested five years in advancing building both through ranks, and experience, and learned things, even if it's only virtual by nature there's a good amount of real life value even in a virtual character. It may not be real in everyones eyes, it may be seen as just virtual, but some places allow you to sell your characters, I know I have several times over the years on other games and have made over $1000.00 before for one character.

I just felt saying, "If you do not get $14 per month enjoyment out of playing then stop playing." I think for five years Zlyia has grown her character like someone would grow raise a prize show dog, she's taken care of it, built it up, earned all her skills and accoutrements needed to have a powerful character, so I well imagine in Zylia's mind just tossing that to the wind with the thought that they're not getting their $14 per month worth of enjoyment from is about as far from their intentions as you could imagine.

Zylia asked about her account being stolen and what to so about it, for help and suggestions, not smart remarks telling them if they don't like the game don't waste your $14.00 a month. That's how I saw it anyway, and personally I felt the responding party could have at least shown some sort of concern or caring about someone being ripped off instead of a what I felt was a smart remark such as that.

Just my 2 cents, I'm done!
SnowCajun
 

Some Random Guy

Senior Member
We're attempting to pass around a petition to change their policies. It's a cross server effort and each server houses anywhere from 2-4k players every night, so hopefully, despite the legal dilemma this situation poses we're hoping to get some sort of changes going.
If the petition is trying to change 'who owns the character', then I wouldn't expect much progress. It opens the gaming company up to more liability with little benefit to them. However, if the petition is to have a procedure for retrieving hacked accounts or restoring goods stolen from accounts, then you will have better chances.
 

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