Thursday, May 21, 2015

Unnecessary Legal Punishment Given to Two Diablo III Gamers


Diablo III
There are many people who deserve to be in prison; murderers, rapists...sadly though they don't represent a great deal of the American prison population -even though America is the most violent nation in the so called "developed world". It's drug offenders that make up the majority of our prisons, over 55% while other prisoners are in for thing such as theft, and now, cyber 'crimes'. Neither drug offenses nor cyber activity should hold criminal punishment so long as the latter isn't harmful to others the government should stay out of it. [Note: I would love to go off about how drug offenses shouldn't be 'offenses' but this post is focused on cyber 'crimes'...so I'll save that for a future blog.]
 
Identity theft and things of the like make sense as crimes. But groups such as Anonymous and those affiliated have no place in prison. If criminalizing online activists for trying to do good for society online isn't outrageous enough, misbehaving on a video game can be taken to court, in real life, which in my opinion is scary, insane and a huge reminder that the legal system has far too much control and power over the people when this kind of stuff can be prosecuted.

I'm a gamer; I support
users "hacking" and modifying their game or console. This is one reason I prefer PC gaming but that's irrelevant. It supports creativity, education and growth. I understand no one wants their account hacked, I know I don't. However, I believe hackers should have some ethics they abide by and I believe for the most part they do. So punishing people in real life for stealing in game items is more than ridiculous in any way you wanna explain it to me.

So what happened?
Apparently in 2012 two gamers stole in game goods from other gamers playing Diablo III, a game crated by Blizzard Entertainment. The stolen items were all virtual and hurt nobody. In fact, all those who lost their armor, gold, weapons and such got all they 'lost' back when Blizzard Entertainment recreated the items and returned them. Now I admit I would be upset if it happened to me, would I say they need to be punished by the American government over a video game?...No, not over virtual items such as armor. Especially when it only took a few minutes to recreate the items 'lost' and then returned to each gamer.

The two gamers allegedly wanted to sell the items within 'in game auctions' which can turn game money into real money. If that is true, I can see where the court case derives from, but in the end, is it really that big of a deal? I know I wouldn't want it happening to me, but court for this?... I'm not sold on it; I think it's too extreme.

Because those who were stolen from received their items back, this is how Blizzard justified their court case:
"But how do you prosecute a crime with no actual losses? “Blizzard gave the victims the goods back,” said Wilkison. “That made the loss calculation difficult because the victims were reimbursed. So instead we calculated the [perpetrators’] gain.” " (original site below)
It's a game - I understand that phrase is a very unwelcome phrase among most gamers but it really is. Not only that, to my knowledge there was no actual gain made. However if any punishment must take place why not make it in game punishment? Even if Blizzard Entertainment didn't return the items, is it really that big of a deal; such a big deal that two people are taken to court and labeled criminals in real life over it? I think this is totally uncalled for and truly insane that it's even possible to have a court case over something like this.

What these two guys did isn't cool on the simple grounds of respecting fellow gamers. Still I can't find it in me to say they deserved legal action, however Blizzard Entertainment felt they did deserve it and took them to court for their "crimes"...  The courts and legal system have too much power when this can happen.

Only a week ago my loved one was banned for approximately a week from a game because of an 'offense design' they accidentally put on the market place. The offense was a design which was nothing more than a label stating "suck my" with a photo of a rooster after it. You get the message. In any case, for that he was punished with a ban from the game for about a week or so. Next time will he be taken to court instead? Where is the line drawn?

While I think even the above ban was a bit harsh over something so trivial, I do support bans over being taken to court any day. Why didn't Blizzard Entertainment simply use the same theory of banning for a period of time or even permanently if they felt the need? It's ridiculous they could take it to court, in my opinion it is more logical for punishments to be punishments dished out online not in real life. I see receiving a ban a little bit better than having a misdemeanor on your record for acting up and misbehaving on a game.

One key thing it seems is the use of "Remote Admin Tool" (RAT) in order to gain access to the stolen items. This tool can be used for worse purposes than stealing in game items- I don't understand how or why these two guys had to plead guilty for stealing in a video game, even if they used a RAT. That's like charging someone with murder for owning a gun; just because someone has a tool that can be abused to harm people in real life doesn't mean they are using it to actually harm another person.

That said, some argue having all of your items in a game stolen is painful and having a lot of gamer friends I can understand people being upset. But taking it to court is more than extreme in my opinion.

Okay; that's my random thought. I'm now going back to working on some research; still astonished at how insanely powerful the American government is. If they can punish people for doing something such as stealing armor in a video game, where will the line of privacy as well as fantasy VS reality be drawn? When I log into a game I don't believe the government should hold any power over what goes on as it's not reality.

To read the details on what I'm talking about, click here for the cited article.