Except for the fact that obviously your lawyer did not read the agreement
you "Sign" every time you play.
----- Original Message -----
From: "Kimes, Dean W." <dean_kimes@...>
To: <eqbards@onelist.com>
Sent: Tuesday, March 07, 2000 4:03 PM
Subject: RE: [eqbards] (OT) Theft in EQ Redux
> 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.
>
> 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@...
>
>
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