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intellectual property question...?
hey i sold an online gaming account called runescape, so today the guy called saying that the account isnt working, if i do get sued.. wat will happen because runescape says its intellectual property?
..and what about buying intellectual property?
excerpt:
Intellectual property rights
Jagex®, RuneScape® and FunOrb® are registered trade marks of Jagex Limited in the United Kingdom, the United States and other countries.
You must not reverse-engineer, decompile or modify any Jagex Product client software in any way (except to the extent allowed by applicable law). You must not use a modified/customised version of the client software or attempt to sub-license it. You must not create or provide any other means by which any Jagex Product may be played by others (including, without limitation, replacement or modified client/server software, server emulators).
Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any Jagex Product by us or on our behalf are protected by copyright and other intellectual property rights of ourselves or our business partners / suppliers / advertisers. You may not use these materials or any Jagex Product except in accordance with these terms and conditions and for personal (i.e. non-commercial) use only.
You agree that all intellectual property or other rights in any game character, account and items are and will remain our property.
By posting chat or other materials on any Jagex Product, you grant us a non-exclusive, perpetual, worldwide, royalty free, worldwide license to use and/or modify such materials on any Jagex Product as we see fit.
You agree that by submitting any material of any kind to us for any purpose connected with any Jagex Product (non-exhaustive examples are suggestions and ideas for any game or contributions to any Gallery page), you are giving us a non-exclusive, perpetual, worldwide, royalty-free license to use and/or modify the submitted materials as we see fit. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you guarantee that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
RS ToS can be found here:
2 Answers
- Gary CLv 51 decade agoFavorite Answer
The fact that it is Intellectual Property does not mean it doesn't have a price and can't be sold.
If you simply sold the account, but do not own, manage, administer, work for, or have any association with runescape, you cannot be held liable for the account not working.
The reason is because you have no control if the server or another technical glitch happens, or if they decide to shut down the account for any reason. After all, you're not in the server room running the operation.
However, that opens up a bigger question. Did you/do you have the authority to make the sale in the first place? My answer to that is no, because of this line:
"You agree that all intellectual property or other rights in any game character, account and items are and will remain our property."
Simply put, it belongs to runescape. It wasn't ever yours to sell in the first place. They get to decide what to do with the account- not you. So it was an invalid transaction from the start. After all, I can't come over to your house, grab your golf clubs, sell them and profit from the sale, can I?
If the buyer is smart, they will complain to runescape and runescape will block/ban you from further use. Of course they can kiss goodbye to ever getting into or getting any support for this account.
I doubt they would take you to Small Claims Court to sue you. But if they did the Judge would probably make you "reverse" the transaction and give them back the money, using the same logic that it wasn't yours to sell in the first place.
Best advice? Now that you know that you didn't have the right to do the transaction in the first place I'll let you decide what's correct and morally right. Whatever you do please try to do the right thing- you'll be a better person for it.
Good luck.
Source(s): Business Law- Grad School level - Anonymous4 years ago
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