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Message: <blockquote data-quote="Joren" data-source="post: 49344" data-attributes="member: 1959">Another lawyer, weighing in...This issue can quickly become a LOT more complicated.  Try these on:First hypotheticalIf I have paid the appropriate fee to a MMORPG, have a character that I have built up on my computer, and then have a guest come over to play the MMORPG on my computer, can that guest play my character?  Why?Second hypotheticalIf I have a poor friend who cannot afford to play, can I pay his/her monthly fee (in other words, I own the account), and allow him/her to play on a regular basis?  Why?  What if I'm paying for my child to play?Third hypotheticalIf I have played for a long while, become sick of my character or of the game, and choose to stop playing, can I allow someone else to pay the monthly fee and play my character, if I do not charge the person anything? (i.e. I "transfer" my account to them, but the account remains in my name)  Can I allow someone else to play my character/use my account if I continue to pay for it?Fourth hypotheticalIf I have played for a long while, become sick of my character or of the game, and choose to stop playing, can I allow someone else to pay the monthly fee and play my character, if they agree to give me $10 for the right to play my character? * * *I think the focus on the "buying" or "selling" of the company's computer code may be misfocused.  Instead, if someone pays me $100 for my Mighty Longsword of Butt-Kicking, what do I do?  I choose to manipulate my character in-game to give the sword to another in-game character, the act of "giving" being competely legal and allowed under the game software and license.  The problem is my "motive" for making the exchange.Now, as has been pointed out in this thread, a business, as a general rule, can exert significant control over how its property and resources are used by customers (e.g. the restaurant example).   A restaurant could kick someone out for no reason or for some reason, without violating the law (unless the reason was discriminatory in nature).  Bringing the example closer to the MMORPG situation, a weekly magazine could cancel your subscription for no reason (so long as it refunds the unearned portion of your subscription fee or gives you a suitable replacement).  It seems logical that (unless they have contractually bound themselves) a MMORPG can cancel an account for no reason, or some reason, so long as that reason isn't discriminatory and so long as they refund some or all of the unearned online fee.Thus, I think it would be within their power to cancel your account for selling a item/character for real money(tm).  However, I would argue it is not a breach of contract for you to engage in those activities.  In addition, there is little, if any, quantifiable harm to the MMORPG company from the alleged breach, so it would be difficult, if not impossible, to have a valid breach of contract claim.Way more than you wanted to hear, no doubt....Joren</blockquote>

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