Google Scholars discuss the right to sell characters

[Acelgoyobis]

http://answers.google.com/answers/threadview?id=573349

 

 

 

 

 

 

 

For all of the other people who are afraid of keyloggers and spyware, just go to Google, click on ÃÆââââ¬Å¡Ã¬Ãâ¦Ã¢â¬ÅmoreÃÆââââ¬Å¡Ã¬ÃâÃ

[Barking-Loon]

No players dont own characters, when you make a new character you will have to agree that the character is Jagexs and they can do whatever they want with it.

[Acelgoyobis]

Then it would seem reasonable for Jagex to prevent Ebay from selling Runescape accounts?

[Barking-Loon]

Well it is their property, and I wouldnt want people selling for example my guitars on eBay.. So yes I think its right. And Im sure that USA has some laws about selling other peoples property.

[Bubsa]

Under USA law it seems jagex EULA is actually not legit

 

 

 

 

 

 

 

http://www.copyright.gov/title17/92chap1.html#109

 

 

 

 

 

 

 

Its clearly stated that I have right to "without the authority of the

 

 

 

copyright owner, to sell or otherwise dispose of the possession of

 

 

 

that copy or phonorecord"

 

 

 

 

 

 

 

Is ebay actually breaking the law by removing runescape auctions ? Is

 

 

 

there anything I can do to have my runescape listed on ebay and not

 

 

 

removed...and yeah I still would like alternative sites

 

 

 

 

 

 

 

 

 

 

Last time I checked, Jagex was based in England.

[tefda]

 

Under USA law it seems jagex EULA is actually not legit

 

 

 

 

 

 

 

http://www.copyright.gov/title17/92chap1.html#109

 

 

 

 

 

 

 

Its clearly stated that I have right to "without the authority of the

 

 

 

copyright owner, to sell or otherwise dispose of the possession of

 

 

 

that copy or phonorecord"

 

 

 

 

 

 

 

Is ebay actually breaking the law by removing runescape auctions ? Is

 

 

 

there anything I can do to have my runescape listed on ebay and not

 

 

 

removed...and yeah I still would like alternative sites

 

 

 

 

 

 

 

 

 

 

Last time I checked, Jagex was based in England.

 

 

 

 

 

 

 

But the transaction is being made in American Territory. I believe that we MUST uphold Jagex's terms of service. If you do not and Jagex brings it to the American Court System it'll go straight to the Supreme Court (Because it crosses international borders).

 

 

 

 

 

 

 

My Suggestion is not to sell your account. Play the game as if it's just a hobby and not a proffession. If you want to sell things in a game than play Second Life (or something similar to that) which is made for selling your characters items for real life money.

 

 

 

 

 

 

 

Or join the korean mafia. One of the two.

[Lord_Muijs]

you agreed to the terms of service. in every program you install you get this HUGE text nobody ever reads that says: "if there is a huge nuke bomb in this disk and it goes off, then its YOUR fault, not ours" and more stuff like that.

 

 

 

this is the same with jagex, if you could trace the whereabouts of an account seller, and prove it, then jagex could press charges to them.

[shade_bandyt]

Well it is their property, and I wouldnt want people selling for example my guitars on eBay.. So yes I think its right. And Im sure that USA has some laws about selling other peoples property.

 

 

 

think about this. if somebody borrowed your guitar and made a song with it, recorded the song and sold it, would the song be your property or theirs?

 

 

 

 

 

 

 

if i create a character, with my time and mouse-clicking skills, within the jagex game, it should be my property.

 

 

 

 

 

 

 

regardless, when i create a new account, i agree to keep my password to myself, and to not share my account or transfer it to anybody else or let anybody but me use that account. if i break the agreement, jagex has every right to ban my account permanently

 

 

 

 

 

 

 

in that sense, it would be illegal to sell your account, and ebay can be forced to remove any auction that would result in an illegal sale

[Barking-Loon]

 

Well it is their property, and I wouldnt want people selling for example my guitars on eBay.. So yes I think its right. And Im sure that USA has some laws about selling other peoples property.

 

 

 

think about this. if somebody borrowed your guitar and made a song with it, recorded the song and sold it, would the song be your property or theirs?

 

 

 

 

 

 

 

if i create a character, with my time and mouse-clicking skills, within the jagex game, it should be my property.

 

 

 

 

 

 

 

regardless, when i create a new account, i agree to keep my password to myself, and to not share my account or transfer it to anybody else or let anybody but me use that account. if i break the agreement, jagex has every right to ban my account permanently

 

 

 

 

 

 

 

in that sense, it would be illegal to sell your account, and ebay can be forced to remove any auction that would result in an illegal sale

 

 

 

 

 

 

 

If I borrowed my guitar to someone I wouldnt have them agree on that all that is played on it belongs to me.

 

 

 

Jagex has done that, they have made us agree that the characters weve made belongs to them.

 

 

 

It should have been your character if you hadnt agreed on that it is Jagex property.

[Sharper]

I love it when American's quote their countries law and automatically think it applys to the universe

 

 

 

 

 

 

 

Ignorant.

[Toxicologist]

In a way I agree with you, but I won't delve deeper into politics... it just induces flaming (not to mention off-topic).

 

 

 

 

 

 

 

Even if account selling isn't illegal, it is still a rather sad thing to do.

[Endasil]

Unfortunately your analogies all break down. It is true that if someone made a song on your guitar, the intellectual property would belong to them, not you.

 

 

 

 

 

 

 

Let me give some computer examples. One creates a novel using Microsoft Word. The writer retains the copyright for the intellectual property. A draftsman makes an AutoCAD drawing. AutoCAD has no right to withhold the sale of that intellectual property.

 

 

 

 

 

 

 

Yet Runescape isn't a tool or an instrument. It is a game. In addition, there are certain distinctions that must be made that you are all blatently missing. The intellectual data physically belongs to Jagex, not just the abstract information itself.

 

 

 

 

 

 

 

Jagex can do this and has in their agreement...which is much like a contract. Don't be fooled into thinking that this goes against US laws. Have you ever heard of an exclusivity contract? It means that, say someone is working for Hewlett Packard. In their spare time, they invent a new computer pointing device. Hewlett Packard then has the exclusive right to buy that invention before the inventor is allowed to go anywhere else. All this is established IN THE CONTRACT...much like the EULA agreement that Jagex has put forth.

 

 

 

 

 

 

 

A similar example would be posting an opinion on this message board. I can post an opinion, and the work would be my own. Yet Tip.It has the right, as stated on your sign-up agreement, to modify any post which contradicts its preestablished rules. Likewise, Jagex has the authority to alter any account which as evidently broken one of its rules.

 

 

 

 

 

 

 

I might add as an edit that the referred-to copyright law is not in application to anything to do with something like Jagex databases. The section referenced regards the physical transfer of copies of intellectual property...not the transfer of ownership of the property itself. And it is specifically talking about computer programs and other multimedia stored on hard media such as compact discs.

[someone_els]

At the risk of being labeled a "teenie boper", may I quote:

 

 

 

 

 

 

 

You agree that your RuneScape character and account and items are and remain the property of Jagex. You may not sell, transfer or lend your account to anyone else, or permit anyone else to use your account, and you may not accept an account which anybody else offers you.

 

 

 

 

 

 

 

 

 

 

This clearly states your character remains JAGEX's property, not entirely the user's.

 

 

 

Isn't this evidence enough that selling an account on ebay is illegal?

[Sharper]

At the risk of being labeled a "teenie boper", may I quote:

 

 

 

 

 

 

 

You agree that your RuneScape character and account and items are and remain the property of Jagex. You may not sell, transfer or lend your account to anyone else, or permit anyone else to use your account, and you may not accept an account which anybody else offers you.

 

 

 

 

 

 

 

 

 

 

This clearly states your character remains JAGEX's property, not entirely the user's.

 

 

 

Isn't this evidence enough that selling an account on ebay is illegal?

 

 

 

Certainly, it is against the Jagex rules. And I'm pretty sure the agreement you agree on when you create an account is completely legal and overrides any such "American" copyright laws.

[spling]

It may or may not be against a law, or un-enforcable; but who is going to take the massive Jagex Ltd. to court over it at thier own expense, and risk losing? :?