I had to study this type of law (contract/copyright/intellectualproperty/etc) for being a photographer and almost all this same crap applies to this game considering we all are bound by a contract while everyone loves to pretend they can sue SE for unfair business practices. Anyhow...Originally Posted by Sheeny
Being based in Japan, there are most likely a shitload of legal hoops to jump through to bring a civil lawsuit against these companies that are run in the states. Unless somewhere in the ToS or User Agreement says that if there is a dispute, that it will be tried in a japanese court of law, it really is almost never worth it to bring such a litigation. Not to mention being the plaintiff, you have the burden of proof, which in this case would have to be proof that RMT organizations are hurting their profits, and deserve to pay SE's economic damages, not the easiest thing to calculate into cold hard facts with the massive amount of variables involved in such an online service. On top of that, these shady companies would never respond to the lawsuit coming from Japan, so a judgement would be made and it would be years before SE ever saw any damages collected.
Until their economists can do the math and decide that they are actually getting less money over time (losing more customers than RMT groups brings in) by turning the other cheek, there really is no business-smart reason to bring down the iron fist on possibly innocent players and just hope the damage they do to their own profits is temporary.
Retarded analogy, but bear with me... Imagine someone keeps breaking into your house at night but you've never caught or even seen them. Doesn't take anything, but leaves $100 each time, which just you take. Breaking and entering is a punishable crime, but do you want to stop the $100s from coming in? It would make your living situation awkward, especially for others in the household and you'd have to take into account how the stranger in your home would affect your relationship etc considering they aren't getting $100.
Sue for intentional emotional distress for $x. Or get a steady profit of $100. You'd have to figure out what's more profitable in the longrun... or in the length of time that you'll be at that address (the length of time FFXI will be around)
The structure of this post fell apart. I give up, I hope there's a point in there somewhere.
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