Post
Topic
Board Legal
Re: Legal Research
by
LegalEagle
on 18/10/2012, 02:26:38 UTC
The WoW gold thing was suggested by a property professor and mentioned by an attorney.  There is no caselaw regarding Blizzard specifically, but the idea behind it is that WoW gold is a contractual right with Blizzard.  This contractual right is alienable, subject to the terms and conditions of your contract with Blizzard.  Contractual rights have long been recognized as property rights, and can usually (not always) be bought and sold unless otherwise agreed to in the contract.  Granted, BitCoin is different from WoW in that there's no central party that you are contracting with.  But the only real difference between contractual rights with Blizzard and BitCoin is that they're different types of intangible asset.  There are many, many different types of intangible assets.

Hopefully everybody has gotten past Sunnankar's rhetoric and realized that his argument is completely moronic.

Quote
The question is, how do we get there from here?

If A transfers B's BTC's to C, without B's permission, is that a crime? If so, what crime? Is it a civil wrong, is that a tort, or based on some sort of contract, or a statutory wrong, or ..?

If A defrauds B out of some BTC (assuming all of the other elements of fraud are present), has anything really happened?

In the course of trying to track down your reference to property rights in WoW gold, I ran across these articles, which don't appear to answer the question, but may be of interest to others:

Yes, it's a crime and intuitively it would seem that you would sue for conversion (a tort) if someone stole them.  Even if - say - I have 1000 BTC and I give you access to my account and you steal them all, it's still a crime and you're liable to me.  I imagine it would probably be classified as some type of bailment situation.

Obviously if you defraud someone out of BTC you're liable to them.  If BTC had no value, none of use would be here right now.  The courts aren't just going to let you defraud someone out of valuable property.

[not legal advice and is in no way intended to be relied upon]