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4-17-2009 @ 12:55AM
Swurds...throwing the word "theft" into a message multiple times won't make it more real, or more believable. There's many legal aspects to that (at least in Australia, the legal term is "larceny" - explained by "the seven proofs of larceny", yes SEVEN criteria for something to be legally theft. This service FAILS EVERY SINGLE ONE OF THEM!)...but let's focus on the common sense, since laws vary from country to country.For something to be stolen, it has to be something you have no right to, that you're depriving the owner of. So...what are Blizzard being deprived of? The purchase of game time? Nope, game card is purchased, the source of the purchase price is irrelevant. Advertising or traffic on their own sites? Nope - many people (almost) never see those, and if these cards are, as someone pointed out, purchased at an online store, there is web traffic going there that Blizzard might miss out on if the user bought it themselves (at a nearby store, say).The entire process is legal. Advertising revenue? Can't argue it. Purchasing game cards? Ditto. Giving game cards to registered members, having obtained them legally? Providing they comply with any relevant "lottery" style legislation, that's perfectly legitimate too.As for the intellectual property claim...I cannot see the relevance. YPOWP didn't use anything belonging to Blizzard (unless they stole some artwork for their site, which would be pretty stupid). Parody works, which are very obviously and fairly closely based on a copyrighted work, are for the most part illegal (there may be places where they aren't). How can you argue that this, which DOES NOT use any of the ideas, concepts etc in WoW, is more illegal than something like the Barry Trotter books? (I"m sure there's better examples).Blizzard are not being deprived of anything. Every step in the process is most obviously legal, even if some technical argument can be made that the whole is not (which matter would be pointless to argue). It simply cannot be theft, no matter how hard you argue that it must be because you don't like it...Even piracy, which is obviously illegal, cannot realistically be classified as theft. You aren't depriving the owner of anything (except MAYBE a sale, which they'd only receive through 3+ intermediaries anyway). It's a copy, the owner doesn't lose the original, that's why piracy is prosecuted under copyright laws, not theft/larceny laws - it can't be.
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