In-game Scamming can lead to crime charges in Germany - Court sentenced a 16 year old for 80 hours of public work and 1000 Euro penalty


(MorliDots22) #1

A player spent from 1000 up to to 1500 Euros for in game items in a MMORPG called Metin2. His in-game friend promised him to build and level up the avatar even further if he gives him the account login data. He did and instead of leveling his avatar his “friend” sold the items on Ebay. The player pushed criminal charges against the scammer.

The state attorney picked up the case because of public interest. After investigating the case the attorney came to conclusion the accused is guilty of an offence of data deletion - § 303 a , 303 c, StGB ( German penalty code ). The accused was 15 years old at the time of the offense.

The court further concluded that In-game space is not a completely lawless area.

Full Article in german - https://www.e-recht24.de/news/strafrecht/6423-verurteilung-identitaetsdiebstahl-metin-2-ag-augsburg.html

Court ruling in german - https://openjur.de/u/643666.html


(Dyver Phycad) #2

Doesn’t apply to most scams in EVE and account sharing is illegal according to the Eula but still an interesting case.


(SWAGGZENEGGER) #3

BREAKING NEWS!!:
JITA SCAMMS DROPS TO 0%.

just kidding. Who wants their isk doubled?


(Linus Gorp) #4

This happened in 2010 and it wasn’t scamming, it was “virtual theft” through account sharing.
No fucks given, doesn’t change anything about EVE.


(ISD Norros) #5

Moved to a more appropriate forum.


(Scipio Artelius) #6

Seems like a bit of a click bait title to the thread.

That was more than an in game scam.


(Dom Arkaral) #7

More like an actual rl scam lol


(MorliDots22) #8

If you contruct this case slightly different, say A bought PLEX for 1000 Euro and B using As trust offering to double the PLEX in one month/rent space/you name it - and instead pays for his own account / or just trashes it , A will get a legimitate cause to push charges.

German Penal Code :

Section 303a

Data tampering

(1) Whosoever unlawfully deletes, suppresses, renders unusable or alters data (section 202a (2)) shall be liable to imprisonment not exceeding two years or a fine.

(2) The attempt shall be punishable.

table of contents

Section 303b
Computer sabotage

(1) Whosoever interferes with data processing operations which are of substantial importance to another by

  1. committing an offence under section303a(1); or

  2. entering or transmitting data (section 202a(2)) with the intention of causing damage to another; or

  3. destroying, damaging, rendering unusable, removing or altering a data processing system or a data carrier,

shall be liable to imprisonment not exceeding three years or a fine.

(2) If the data processing operation is of substantial importance for another’s business, enterprise or a public authority, the penalty shall be imprisonment not exceeding five years or a fine.

(3) The attempt shall be punishable.

(4) In especially serious cases under subsection (2) above the penalty shall be imprisonment from six months to ten years. An especially serious case typically occurs if the offender

  1. causes major financial loss,

  2. acts on a commercial basis or as a member of a gang whose purpose is the continued commission of computer sabotage, or

  3. through the offence jeopardises the population’s supply with vital goods or services or the national security of the Federal Republic of Germany.

(5) Section 202c shall apply mutatis mutandis to acts preparatory to an offence under subsection (1) above.


(Linus Gorp) #9

No, they won’t.


(Veine Miromme) #10

What is Section 303c?

Edit:

I found it in:
https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p2500

Section 303c
Request to prosecute

In cases under sections 303 to 303b the offence may only be prosecuted upon request, unless the prosecuting authority considers propio motu that prosecution is required because of special public interest.

Edit 2:
However, I had to fix 3 errors while editing the post which is obviously linked to other technical problems.

Edit 3:
Those action are always committed against me , and the state refuses to prosecute them, instead , trying to circumvent the security measures, and to hold me liable to let the perpetrator get away with it.
Of course I have to declare it to the German authority, as it is not only in the public interest, but also severely mentally ill.
Competition is good , healthy competition better, but ill competition is of no use.

I already report to the UN and Interpol btw, who are offering me work about this. Lots of misrepresentation, to try to protect ill gained income.
Corruption is another form of damage to structural system and infrastructure.


(Nevyn Auscent) #12

Account log ins are real life data. Not in game data. Therefore irrelevant to what you are talking about.
In short. No in game scams won’t get you in trouble.

Note that CCP have said that scams that encourage people directly to buy plex and then scam them out of said plex are already against rules.
This is however different from a general plex scam in game, where they aren’t encouraging you to do so but you go and do so anyway.


(MorliDots22) #16

The court followed the subsumption of the MMORPG scam the “School case” - EC/Maestro card scam commentrary.

O is in jail and begs his friend F who comes to visit him to bring some cash. For this purpose O tells F the PIN-Code of his EC/Maestro-card which F keeps safe for him, and gives him the task to withdraw 200 Euros and bring it to him. F instead withdraws 500 Euros of which he keeps 300 for himself ( not telling O about it ) and gives 200 to O. F was found guilty.

The question was raised further is F guilty of a crime if O would wire him the money via Onlinebanking and F would keep the money for himself instead giving it to O.

Now that depends : if F would manipulate O to wire him the money as a nice friend gesture/gift, he is innocent.

If however O would wire the money with a conditional purpose to F and F agrees to this - such as bring it to, buy stuff, etc., F is guilty.


(MorliDots22) #18

Online Game Data is as any online software data ( Online Banking or Online Broker Software for instance which is also account based. )

Say a online game allows the injection of real money transformation into game money ( similar say to Bitcoin programm or any cryptocurrency - which is also no real currency and could be called “Monopoly game money” or whatever.

Lets look at classic Jita Bank Scam : A is going to take a monthly vacation in Thailand and see Bs ad : I will double your ISK/PLEX in one months time. A and B make a contract about it in game or per Email. After A sent B the ISK/PLEX , B uses it for his own subscription. Taking the assumption A bought the PLEX with real money, B commited an offense/crime.

Just the fact that it happened in online game software and not in a online banking/broker software does not change the issue.


(Remiel Pollard) #20

Even if it does apply to scams in EVE Online (which it doesn’t, but let’s say for argument’s sake that it does), German law is about as relevant to me as the price of tea in China.


(Veine Miromme) #21

I prefer the price of tea of Ceylon tea, and that may not be only me, but EVE Online works with Iceland law, and Icelandic laws.


(Remiel Pollard) #22

I live in Australia. I don’t care about Iceland’s laws either.


(CCP Falcon) #26

(CCP Falcon) #27

Thread closed due to a rash of trolling and personal attacks.