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Woman Jailed For Virtual Murder

Started by K. Darien Freeheart, October 24, 2008, 04:21 PM NHFT

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K. Darien Freeheart

A woman is being jailed (technically for hacking) for killing her husbands avatar in an online game. After the husband's character had a digital divorce from the wife's character, she logged on to his account and offed his avatar. She's being charged with hacking and illegal use of electronic devices.

http://www.startribune.com/nation/32898849.html

memenode

I'd say what she did was terrible. I mean, sure it's just a video game, but if I had invested a great amount of my life's time into that character I would feel VERY bad about someone offing it like that. It would probably feel like a sort of theft, someone stealing something that you created and is precious to you from you.

BUT, does that warrant jail time? I don't freaking think so... Reparations should have been enough, though I'm not sure about $5000... what do you think?

Josh

Maybe he should have protected his login information a little better. Personal responsibility and all that jazz.....

;D

les nessman

   I guess its time to admit I massacred thousands of unarmed Orc catapult crews playing Warcraft
in an effort to keep the village walls intact.  Please write to me behind the wire.

K. Darien Freeheart

QuoteReparations should have been enough, though I'm not sure about $5000... what do you think?

Every MMORPG I've played is pretty clear that you don't own the character or any of the digital goods. You have to agree to the contractual terms before they'll allow you access to their servers.

memenode

Quote from: Kevin Dean on October 26, 2008, 06:42 PM NHFT
QuoteReparations should have been enough, though I'm not sure about $5000... what do you think?

Every MMORPG I've played is pretty clear that you don't own the character or any of the digital goods. You have to agree to the contractual terms before they'll allow you access to their servers.

Oh I see.. I guess it's tough luck for the guy then. Maybe the only claim he can have is for his login information, but I agree he should've protected them better then. So... if there's any damages I'd think they'd be way smaller than this.


Fluff and Stuff

Yeah, this sort of thing is perfect for a Judge Judy type TV program (small claims court).

memenode

It just occurred to me that if damage were warranted on the basis of stolen account login information, damages fee could be measured according to the market price of the most similar account that could be found on sites like this (warcraft accounts for sale). In that case, judging from prices there, it probably wouldn't be more than $1000 USD.

And in a voluntary society jails would seldom be necessary even if it were a crime of physical theft of things much more expensive, let alone something like this.

K. Darien Freeheart

QuoteIt just occurred to me that if damage were warranted on the basis of stolen account login information, damages fee could be measured according to the market price of the most similar account that could be found on sites like this (warcraft accounts for sale).

In a story that started out as a stupid use of the courts, we now begin touching on digital goods. :P

I think I have an issue with that, actually. Firstly, when you are talking about a game, designed and played for enjoyment, you're not actually talking about work here. So for "lost time" I'm not sure I'd see much claim.

As for the actual access to the account and character deletion... It is not his character. It's the game company's. I suppose it depends heavily on the contract terms, but it's not a lease, it's a use.

Finally... Again, being the company's character I'm quite sure that if he'd thought of it, rather than calling the police, the game company could have restored the account from a backup. In all of the circumstances, the actual loss to the man is very VERY small. Much bigger is the issue of that crazy, destructive wife who knows his passwords!

memenode

Well, I was thinking specifically of only the actual login info. While the company may own the character itself perhaps the login info itself is still owned by the player.

But you have a point, claim would be weak.

Raineyrocks

Quote from: les nessman on October 26, 2008, 06:17 PM NHFT
   I guess its time to admit I massacred thousands of unarmed Orc catapult crews playing Warcraft
in an effort to keep the village walls intact.  Please write to me behind the wire.


:o