It is property, according to definitions under US Law. One of my gaming
buddies, who is a lawyer, came up with an even more interesting proposition.
If my equipment is saleable my me, and therefore my property, if Verant
decides to deny me access to that equipment without due process, they are
guilty of denying me my own property without such due process, which is
under US law a violation of my civil rights. I may have the wording not
entirely correct on this as it is from memory, but that's about how our
attorney gaming friend laid it out. Interestingly as such, Verant also
cannot ban someone for anything they say while online. Despite the fact
that it is in the TOS that you cannot say certain things without being
banned, US civil liberties laws specifically prohibit anyone from
voluntarily abrogating their own constitutional rights except in cases of
national security.
Makes one think doesn't it.
Kit
-----Original Message-----
From:
kim@... [mailto:
kim@...]
Sent: Tuesday, March 07, 2000 1:18 PM
To:
eqbards@onelist.com
Subject: Re: [eqbards] (OT) Theft in EQ Redux
From: <
kim@...>
On Mon, 6 Mar 2000, Elijah Meeker wrote:
>
> "Theft" under the penal code is specific to tangible and intangible
personal
> property. Intangible personal property is specifically defined as
something
> like a certificate of deposit or stock shares. Crimes against
intellectual
> property are like violation of copyright or theft of trade secrets.
Except
> in the tax code, in which "intangible personal property" means "a claim,
> interest (other than an interest in tangible property), right, or other
> thing that has value but cannot be seen, felt, weighed, measured, or
> otherwi1se perceived by the senses, although its existence may be
evidenced
> by a document." It is really, really difficult to get damages for
So since my account is documented at Verant, wouldn't the
characters and items in my account be intangible personal
property? Or put another way, if I sell the account, either
the IRS can tax it and it's property, or it's not property and
they can't tax it?
--
John H. Kim
kim@...
------------------------------------------------------------------------
MAXIMIZE YOUR CARD, MINIMIZE YOUR RATE!
Get a NextCard Visa, in 30 seconds! Get rates as low as
0.0% Intro or 9.9% Fixed APR and no hidden fees.
Apply NOW!
http://click.egroups.com/1/2122/5/_/451022/_/952460429/
------------------------------------------------------------------------
Please send submissions for the eqbards newsletter to lol@...
with the subject submissions.