
Originally Posted by
MisterBob
Yeah, but their ToS doesn't apply to real life. In our crazy world where a fat guy can sue McDonalds for making him fat and win, IGE would most likely be able to file charges against SE for this. Even if it is unlikely, SE, like any smart company interested in making a profit, will attempt to rule out any solutions that could end up costing them a large amount of money and time.
And this is why RMT is still such a problem.
Even though virtual items and gil are technically the property of Square Enix, a case can be made in a court of law that the player's time and effort were required to accumulate the items, and as such, are considered the property of that person, who can buy or sell what they own at their discretion, since there is no law against or regulations on the sale of virtual items. This is what a GM means when they give you an argument that you assume is half-assed when they refer to RMT vs. their legal department.
Basically, if SE tried to sue IGE for making gil transactions within their game, the only thing they'd end up doing is legitimizing the business, and lose money in legal costs doing it.