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Message ID: 15829
Date: Tue Mar 7 21:29:35 GMT 2000
Author: jhenders@bogon.com
Subject: Re: [eqbards] (OT) Theft in EQ Redux


Hmm. Does he mean salable as in for plat? Or auctionable on ebay? If
it's the latter I think the I Agree you click every time you log in
specifically says it's not. However, if he could make the case that
Verant, by not even attempting to use the avenues Ebay makes available
to intellectual property owners to stop these sales, is giving tacit
approval, then he might get somewhere. It would be nice to see someone
actually try this, if nothing else to see Verant forced to give more
than lip service to shutting it down.

As for constitutional rights, reread your constitution. It specificly
says the government can't stop you from speaking, it says nothing about
what a private company does on thier own property. I think there has
been some state level judgements that stopped shopping malls, for
instance from limiting people's speech, as the malls were ruled to be a
public place, so you'd have to get Norrath ruled the same.



On Tue, Mar 07/00, "Kimes, Dean W." <dean_kimes@...> wrote:
> From: "Kimes, Dean W." <dean_kimes@...>
>
> 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.

--
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