Curse

Greyhart · May 25, 2008, 05:33 PM // 17:33

Ok interesting discussion. Note I say this on the basis of English law.

theft and stealing are not the same thing legally speaking. Stealing is a wider term that most people will equate to theft. However stealing i think would also include the crimes of fraud and other crimes that are not technically theft.

Theft is defined under s1 of the theft act as:

(from memory) Dishonestly appropriating property belonging to another with the intention to permanently deprive.

you need to prove 2 aspects:

mens rea: Dishonesty, intention to permanently deprive

Actus Rea: appropriate, property belonging to another

the reason why stealing an account is not theft is because the GW account cannot be defined as property.

Access to the GW account is a right under a contract not an item of property.

However I am sure that stealing the account would be a crime under a number of other statutes.

*lemming* · May 26, 2008, 12:32 AM // 00:32

Quote:

Originally Posted by Avarre

Technically, you're selling access to the account. Implying you are selling the account itself is stealing from ANet, since they own it and players have no right to transfer ownership.

I'm referring only to the money lost in not transferring your possession of the account info.

Avarre · May 26, 2008, 04:01 AM // 04:01

Quote:

Originally Posted by tehlemming

I'm referring only to the money lost in not transferring your possession of the account info.

Isn't selling accounts for money illegal in the first place as it violates the EULA?

This is wheels within legal wheels!

Lady Lozza · May 26, 2008, 04:10 AM // 04:10

I'm not entirely sure that "illegal" can be applied to anything that breaks the EULA.

Breaking the EULA is breaking the EULA and therefore not (always) punishable in a criminal court. Whether or not it is in a civil court is another matter.

Take using Textmod, or even the XFire interface thing that has been done. The EULA clearly states that you cannont use 3rd party software with the game, but this is most definately not a criminal offense. Even Anet is happy to turna blind eye towards some of these activities.

*lemming* · May 26, 2008, 04:48 AM // 04:48

Quote:

Originally Posted by Avarre

Isn't selling accounts for money illegal in the first place as it violates the EULA?

This is wheels within legal wheels!

It is, but it doesn't mean that it doesn't happen.