Anyone know a good lawyer?

[ShinjiIkari]

I gave my dark age of camelot account to a friend because I was tired of using it. He took it and played for a few months and then he renewed its time with a credit card. I took it back since I wanted to play the game again and he was refusing to even share the account with me. Now he is threatening to sue me. Does this guy have a legal leg to stand on if the only agreement was a verbal contract on aol instant messenger?

 

[AlphaWolf]

Well, he can't sue you from what I can see from what you have said so far. However, your claim against him depends on what you mean by you "gave" it to him. If gave means you said he could borrow it for a while, then you have the expectation that he should give it back eventualy (in other words, it wasn't a gift). Another thing to consider is that a verbal agreement is not something that he could prove unless you admitted to agreeing to it, unless he recorded it, which would be illegal in most states. If you default on that agreement (in other words, say that you never agreed that he could have it perminantly), then the account would probably (and I say that lightly) go to whoever is documented to have owned it first.

 

[tooie]

I have no idea about the type of account your talking about but:

-what documentation shows that it was yours (presumably setting it up)
-what documentation exists to say it is his now (probably none if verbal)
-what right does he have to claim it is his and your accessing it illegally .. well depends on what he can prove .. that he paid to continue it would mean nothing.

 

[Smiff]

I move to have his "friend" status revoked. Go up to him and say, in a stern voice: "you sir, have done a naughty thing, and may no longer call yourself my friend!". if that doesn't make him think twice, nothing will.

Seriously, i don't think he can sue you.. even in America.

 

[Eagle]

Most games its against the User License to do that anyway. You cannot give your account to someone else in that manner. For example I'm playing Lineage and Magic the Gathering Online right now and they constantly are posting a message in the chat saying it is against the EULA to give or sell your account to someone else. DAoC I'm pretty sure is no different. You may give all the items on your character away, but never the account making any claim he has to it non existant. Of course you werent supposed to give him that account in the first place and if Mythic Entertainment finds out you could be banned from playing anyhow.

 

[Eagle]

Most games its against the User License to do that anyway. You cannot give your account to someone else in that manner. For example I'm playing Lineage and Magic the Gathering Online right now and they constantly are posting a message in the chat saying it is against the EULA to give or sell your account to someone else. DAoC I'm pretty sure is no different. You may give all the items on your character away, but never the account making any claim he has to it non existant. Of course you werent supposed to give him that account in the first place and if Mythic Entertainment finds out you could be banned from playing anyhow.

You guys gotta read those things, its like signing a contract. Especially when your credit card is involved or your paying a recurring fee.

 

[Eagle]

To drive the point home

You shall not share your Account with anyone, or allow anyone else other than you personally to access or use your Account. Joint or shared ownership or use of an Account by more than one individual natural person is prohibited. Access to the System and playing the Game is intended for the entertainment, enjoyment and recreation of individual natural persons, and not as corporate, business, commercial, or income-seeking activities. Corporations, associations, partnerships, joint ventures, limited liability companies, artificial persons, and other business or other entities that are not a single, individual natural person, are not eligible to establish Accounts, to access the System, or to play the Game, nor is anyone who is acting for or on behalf of or in the course of the business of, any such artificial person or entity. Except as expressly permitted by the current EUALA, accessing the System and/or playing the Game for commercial, business, or income-seeking purposes is strictly prohibited. BY CLICKING THE “I ACCEPT” AND “CONFIRMED” BUTTONS, AND PROVIDING US WITH A CREDIT CARD NUMBER, YOU REPRESENT THAT YOU ARE ELIGIBLE TO ESTABLISH AN ACCOUNT, ACCESS THE SYSTEM, AND PLAY THE GAME, AND THAT YOU ARE NOT ACCESSING THE SYSTEM OR PLAYING THE GAME FOR A PROHIBITED PURPOSE.

Took a little web searching (about 3 min)

http://support.darkageofcamelot.com...efno=010926-000078&p_created=1001544682&p_li=

He has no claim to it whatsoever and if Mythic finds out, neither will you. However I might add, if Mythic does find out about it, you could always claim you did not intentionally give it to him. (In other words he saw you type your password and took it upon himself to use it) Sounds mean, but it seems to me he brought it upon himself. Unless he has a written or recorded proof, he cant touch you.

In addition for a final sigh of relief. There is no lawyer on gods green earth stupid enough to take a lawsuit case like that so he wont be able to sue unless he represents himself.

 

[AlphaWolf]

In addition for a final sigh of relief. There is no lawyer on gods green earth stupid enough to take a lawsuit case like that so he wont be able to sue unless he represents himself.

I wouldn't say that, gaming accounts like these have sold in the thousands of dollars...therefore it would depend on the situation.

 

[Nemo]

There's a law stating that any "gift" given by a minor is considered a loan until they reach 18, at which time they must reaffirm that the "gift" was a gift and not a loan. Is it state law or federal law? Hell if I know. Besides, is this game really worth destroying a friendship over? Sheesh, Some people...

 

[aprentice]

He took it and played for a few months and then he renewed its time with a credit card.

He renewed it with his credit card, so now its his.

 

[AlphaWolf]

There's a law stating that any "gift" given by a minor is considered a loan until they reach 18, at which time they must reaffirm that the "gift" was a gift and not a loan. Is it state law or federal law? Hell if I know. Besides, is this game really worth destroying a friendship over? Sheesh, Some people...

I bet that would be a state law...things like this aren't realy dealt with on the federal level.

 

[Nemo]

That's what I thought, but still something to look into. If not... IT'S JUST A GAME *grin* (I never really could get into the online game scene too much, I just can't imagine spending 12 hours in front of my computer, ack)

 

[AlphaWolf]

That's what I thought, but still something to look into. If not... IT'S JUST A GAME *grin* (I never really could get into the online game scene too much, I just can't imagine spending 12 hours in front of my computer, ack)

Well, if something has any value, be it sentimental or monetary, it can't be called "just" anything, and somebody can make a valid claim for it. :satisfied

 

[Nemo]

But he can get a new account and start over. Using the experience from the first account, it shouldn't take nearly as long to get back to how he was, or maybe starting with a new class or whatever.

 

[ShinjiIkari]

Re: Re: Anyone know a good lawyer?

He renewed it with his credit card, so now its his.

So if I steal someone's account and pay for it with my credit card, it becomes mine? I don't see any logic in that, but i guess you are right...

I move to have his "friend" status revoked.

I was the one that lied to him, technically. So I was the bad guy here. But I still view it as my account. Bah

 

[nephalim]

Just quit beating around the bush and kill him already. Don't get sloppy with the carcass disposal. If you ain't gonna eat it, you better burn it. lain:

 

[Eagle]

Re: Re: Anyone know a good lawyer?

He renewed it with his credit card, so now its his.

Doesnt matter, read the terms. It was never his to renew. Under no circumstances is the account to change hands. If he renewed it the account still belongs to the creator.

 

[Davemc]

Hahahaha, oh god these bloody Americans. The Heineken advert sums it up..
PS I can't spell.

 

[Eagle]

Hahahaha, oh god these bloody Americans. The Heineken advert sums it up..
PS I can't spell.

Hahahaha, oh god these bloody English. Always so sterotypical towards Americans.
PS I can spell and I know what that word means.

 

[AlphaWolf]

Come now, don't tease those who have an inferiority complex. :happy: