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Your use of the warez sites really doesn't apply though, becasue time investment and the fact that people download things and use them illegally aren't even the same ballpark.
Your problem is that everything must be explicitly stated for you to understand the issues. I was just stating that just because people use a disclaimer in an auction, doesn't mean the disclaimer has any legal relevance, which it doesn't.
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As far as something having value that isn't physical, yes it has value. What I am saying, and you seem not to realize, is that it's all relative to whomever it needs to be. To someone that has put say, 185 days on a make believe character, it has a lot of value to them. To 99.999% of the rest of the planet, you just wasted 185 days of your life on something that can be destroyed with a few keystrokes.
So? What's the point of this? EVERYTHING in life is relative depending on the situation and perception. A glass of water isn't valued to me any more than a few cents, but if i was in the desert and i haven't had water in days, that glass of water would be priceless. A Van Gogh painting is nothing more than just some paint on a canvas to me, but to some people the value is high... and it can be destroyed with a few 'strokes' as well.
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Then you bring in emotional distress... emotional distress and a video game character being purchased have nearly nothing common. A man is drunk driving and kills someones toddler. Should he be in prision? Yes. Should they compensate the mother and father of the child in some way, in most instance, very much so. A person sells a video game account for 500 dollars. Someone buys it, and the seller reneges on the initial agreement and gets his account back. It is a shame, but you know what? 99.999% of people are going to think this person is a moron for spending 500 dollars on a virtual puppet. Whereas .001% of the people are going to side with the murderous drunk driver.
Obviously you lack the ability to reason properly. Just because 99.99% of the world doesn't see the value in the virtual item, doesnt' mean the court would not have interest in the issues. Like i said, i could spend a thousand hours on a website, and it exists in nothing but 'virtual space' as data on a HDD, so you're going to say that has no value? And i was just stating emotional distress as ONE of many non-physical properties that a court would interest in. Just because 99.99% of the world doesn't see value in something, doesn't mean the law doesn't apply to it, it does.
Point is, virtual items do have intrinsic values, just as a bunch of words on a computer, or even an idea. To think otherwise is just ignorant.
China has already successfully had a case of a gamer winning a lawsuit over virtual property. It hasn't happened in the US yet, but it will eventually.