snowflake charms and legal ramifications for gaia

[Adnama Lavode]

madbrad222

terms of service were gone over carefully to make sure of this by the way.and not just by me but in conjunction with persons in the legal system. I do appreciate all comments though.

Terms of Service, Section 11:
Ownership; Proprietary Rights. Gaia Online is owned and operated by Gaia Interactive, Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of Gaia Online provided by Gaia, including without limitation any artwork, Gaia virtual items, Gaia Gold, Member Submissions, Gaia Member Online Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials" ) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members, all Materials contained on Gaia Online are the property of Gaia or its subsidiaries or affiliated companies and/or third-party licensors. All intellectual property, including but not limited to trademarks (registered and common law), service marks, and trade names are proprietary to Gaia or its affiliates and/or third-party licensors. Except as expressly authorized by Gaia, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials. You agree to abide by all copyright notices, information and restrictions contained in any Materials.

That pretty much explains how you actually own nothing on this site. If you don't own it, you don't have a legal right to have it. So if you were to sue, it would not work.

Aside from that, filing frivolous lawsuits is one of the more socially irresponsible things you could possibly do. You're wasting so many peoples' time and money over something inconsequentially stupid, tying up the system with another petty squabble that could've been avoided by just sucking it up and realizing how pointless this is in the grand scheme of life.

[DemonicOverture]

I know this is a bad example, but think of it this way: If I shake your hand when meeting you, and my ring slips off during the exchange, are you going to say you get to keep it now and raise a legal battle over it?

Accidents happen. Laugh it off and enjoy the free gift Gaia's probably going to give to those affected by the glitch, just like they did when the Gaia Cash video offers were giving out 800GC per view and people had to have their trading passes temporarily disabled while they removed the extra cash.

Starting a lawsuit over this would be ridiculous, and you'd just get a laugh from the judge and a dismissal, if it ever even managed to get into a courtroom in the first place.

[madbrad222]

Please, you all keep talking about ownership of pixels. This is not about that at all. It is about taking it away under the guise of exploitation by the user. This is where the problem lies.Do you really think some 10 or 12 year old is exploiting the bug? Or for that matter most adults? Clearly not the case in most situations.

[its a curse]

...Can this thread be archived, please? emotion_kirakira
The replies are killin' me.

[-Koto- the Announcer]

madbrad222

Please, you all keep talking about ownership of pixels. This is not about that at all. It is about taking it away under the guise of exploitation by the user. This is where the problem lies.Do you really think some 10 or 12 year old is exploiting the bug? Or for that matter most adults? Clearly not the case in most situations.

Well, seeing as you have to be 13 or older to join the site, 10-12 year olds have absolutely no say.
And by creating an account you agree to all the ToS, then yes, they can do what with their pixles.

The fact that it was a GLITCH, and most everyone knows it was a glitch, people trying to make profit off of the glitch are breaking the rules, so they will be punished.

They are taking them away because we weren't suppose to be granted a literal butt-ton from the DC.
That's like going to an ATM and instead of the $20 you withdrew, it spit out $500. That was an error that wasn't suppose to happen and that doesn't make it legally yours. (note that real life and site rules differ as the site actually has the power to take the errored item/money from you were as you could simply walk away with it in real life)

[madbrad222]

-Koto- the Announcer

madbrad222

Please, you all keep talking about ownership of pixels. This is not about that at all. It is about taking it away under the guise of exploitation by the user. This is where the problem lies.Do you really think some 10 or 12 year old is exploiting the bug? Or for that matter most adults? Clearly not the case in most situations.

Well, seeing as you have to be 13 or older to join the site, 10-12 year olds have absolutely no say.
And by creating an account you agree to all the ToS, then yes, they can do what with their pixles.

The fact that it was a GLITCH, and most everyone knows it was a glitch, people trying to make profit off of the glitch are breaking the rules, so they will be punished.

They are taking them away because we weren't suppose to be granted a literal butt-ton from the DC.
That's like going to an ATM and instead of the $20 you withdrew, it spit out $500. That was an error that wasn't suppose to happen and that doesn't make it legally yours. (note that real life and site rules differ as the site actually has the power to take the errored item/money from you were as you could simply walk away with it in real life)

how can you say most people know was a glitch? you are aware of each persons thoughts that are in here.? also unless you can prove that persons intentions how can you say they should be punished? Even if I agree with your comment about MOST people knew , then should the few that did not know be punished? you are right about the age requirement though. I was trying to express the fact of minors. Thank you.

[a bottle of war]

I was offline for a few days, so I'm a little unclear on some of this...

madbrad222

Not sure where to go with this so starting this thread. I have looked into it and the snowflake charms that were given in abundance in daily chance should be able to use them. It was by no way any deception on the part of gaia members. It was the fault of gaia. So to prevent members from using them or even if gaia takes them away it is illegal and they can be subject to legal action including lawsuits.

If I understand correctly, you feel there's been some contractual violation...would that be accurate? Could you please elaborate as to the nature of this particular breach? From your text, it's a little opaque as to whether you feel this breach is fundamental, material, or minor. Do you have some proof of intent to deceive upon the part of Gaia (the dragon thing, I guess)? Assuming there was an implied promise, how do you feel their response violates the reasonableness test? Could you elaborate on the role of quantum meruit in the context of "Daily Chance"?

Just curious...and if you answer, please be kind and explain your rationale. I'm only a beginning student and haven't finished my GED in law yet, so I'm relying on your expertise.

madbrad222

Normally I would not be so upset, but after the last event with the sweaters and then at the last minute the say we needed to spend cash to dragon I believe there was deception on the part of gaia in order to make money. Let me hear what you think. Especially if you are an employee of gaia.

Could someone explain the references here? What was the event with the sweaters, and what happened at the last minute "the say we needed to spend cash to dragon"? Was this the "ugly sweater" contest? If so, I'll admit I felt some of those sweater designs almost bordered on attractive, perhaps violating the spirit of the contest.

[Lord Rosario]

madbrad222

Lord Rosario

Nothing on Gaia is owned by you. If you look carefully at the terms and conditions of this site, all you are doing is renting pixels that they are allowed to take away at anytime without even giving reason. So no. No legal action can be taken against them if they take something back.

Furthermore, it is not okay to exploit bugs, and getting 750,000 snowflakes from the daily chance was clearly a bug. Using the snowflakes obtained from said bug is profiting from said bug and can be considered exploiting a bug.

So no.. No legal action can be taken against Gaia and no, Gaia is not obligated to let you keep things obtained from a bug.

Thank you for your comment but was not done without proper research.

Really now?

Quote:

9. Termination. You agree that Gaia, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Gaia or your use of Gaia Online and remove and discard all or any part of your account including its inventory of any virtual items, Gaia Gold, Gaia Cash Member profile, or any Member Submission, at any time. All items, Gaia Gold, Gaia Cash, and other aspects of your account are considered to be a limited license to you for your use while your account is in open. Due to the limited nature of the license, the inventory in your account, your Member Submissions and any other virtual items (including Gaia Gold and Gaia Cash), creations or submissions are considered to be forfeit when you close your account, when the account is banned for violation of the Terms or otherwise terminated as provided herein or in the event that Gaia discontinues the Site. Any fees paid hereunder are non-refundable. Gaia may also in its sole discretion and at any time discontinue providing access to Gaia Online, or any part thereof, with or without notice. You agree that any termination of your access to Gaia Online or any account you may have or portion thereof may be effected without prior notice, and you agree that Gaia shall not be liable to you or any third party for any such termination. As discussed herein, Gaia does not permit copyright infringing activities on Gaia Online, and reserves the right to terminate access to Gaia Online, and remove all content submitted, by any Members who are found to be infringers. Any suspected fraudulent, abusive or illegal activity or any of the other prohibited conduct as set forth herein shall be grounds for immediate termination of your use of Gaia Online and, in certain circumstances, referral to appropriate law enforcement authorities. These remedies are in addition to any other remedies Gaia may have under these Terms, at law or in equity.

[a bottle of war]

Lord Rosario

Furthermore, it is not okay to exploit bugs, and getting 750,000 snowflakes from the daily chance was clearly a bug. Using the snowflakes obtained from said bug is profiting from said bug and can be considered exploiting a bug.

If I might presume, wouldn't this be somewhat dependent upon the uniqueness, or 'specialness' of these snowflakes?

An individual who felt the inherent individuality of these snowflakes created a disproportionately high value might feel slighted because the innate distinctiveness of their snowflakery wasn't properly recognized.

[Lord Rosario]

a bottle of war

Lord Rosario

Furthermore, it is not okay to exploit bugs, and getting 750,000 snowflakes from the daily chance was clearly a bug. Using the snowflakes obtained from said bug is profiting from said bug and can be considered exploiting a bug.

If I might presume, wouldn't this be somewhat dependent upon the uniqueness, or 'specialness' of these snowflakes?

An individual who felt the inherent individuality of these snowflakes created a disproportionately high value might feel slighted because the innate distinctiveness of their snowflakery wasn't properly recognized.

Special Snowflake

[-Koto- the Announcer]

madbrad222

-Koto- the Announcer

madbrad222

Please, you all keep talking about ownership of pixels. This is not about that at all. It is about taking it away under the guise of exploitation by the user. This is where the problem lies.Do you really think some 10 or 12 year old is exploiting the bug? Or for that matter most adults? Clearly not the case in most situations.

Well, seeing as you have to be 13 or older to join the site, 10-12 year olds have absolutely no say.
And by creating an account you agree to all the ToS, then yes, they can do what with their pixles.

The fact that it was a GLITCH, and most everyone knows it was a glitch, people trying to make profit off of the glitch are breaking the rules, so they will be punished.

They are taking them away because we weren't suppose to be granted a literal butt-ton from the DC.
That's like going to an ATM and instead of the $20 you withdrew, it spit out $500. That was an error that wasn't suppose to happen and that doesn't make it legally yours. (note that real life and site rules differ as the site actually has the power to take the errored item/money from you were as you could simply walk away with it in real life)

how can you say most people know was a glitch? you are aware of each persons thoughts that are in here.? also unless you can prove that persons intentions how can you say they should be punished? Even if I agree with your comment about MOST people knew , then should the few that did not know be punished? you are right about the age requirement though. I was trying to express the fact of minors. Thank you.

Gaia released 2 alerts about the glitch,
a mod popped into several threads and forums telling people not to use the snowflake charms as they were from a glitch,
and several users have been going around letting people know about the glitch if they missed the alerts.

So while a few people that don't go into forums, been offline, or don't really do anything outside of PMs might not know, getting 750,000 of a single rare charm in the DC where you only get one charm at a time, is rather insane.

I really don't even see gaia doing anything more than taking away the extra charms, the items made with the charms, and reversing marketplace purchases for the items make with the charms.
(unless there are a few people that extremely abused it)

[Syntax Terror]

These frivolous lawsuit threads are hilarious. rofl

[marshmallowcreampie]

Sevalle

madbrad222

Sevalle

Sounds like a lame bluff. rolleyes
Lawyers would be wasting their time bothering with an issue that is being resolved.

Thanks but lawyers will do anything if someone pays them. Even if they feel it is frivolous.

Right. Like you'd waste real money on this. More bluffs.

And you won't find many lawyers taking cases that won't net much money. How much would someone try to sue Gaia for? You'd get laughed out of court.

[madbrad222]

a bottle of war

I was offline for a few days, so I'm a little unclear on some of this...

madbrad222

Not sure where to go with this so starting this thread. I have looked into it and the snowflake charms that were given in abundance in daily chance should be able to use them. It was by no way any deception on the part of gaia members. It was the fault of gaia. So to prevent members from using them or even if gaia takes them away it is illegal and they can be subject to legal action including lawsuits.

If I understand correctly, you feel there's been some contractual violation...would that be accurate? Could you please elaborate as to the nature of this particular breach? From your text, it's a little opaque as to whether you feel this breach is fundamental, material, or minor. Do you have some proof of intent to deceive upon the part of Gaia (the dragon thing, I guess)? Assuming there was an implied promise, how do you feel their response violates the reasonableness test? Could you elaborate on the role of quantum meruit in the context of "Daily Chance"?

Just curious...and if you answer, please be kind and explain your rationale. I'm only a beginning student and haven't finished my GED in law yet, so I'm relying on your expertise.

madbrad222

Normally I would not be so upset, but after the last event with the sweaters and then at the last minute the say we needed to spend cash to dragon I believe there was deception on the part of gaia in order to make money. Let me hear what you think. Especially if you are an employee of gaia.

Could someone explain the references here? What was the event with the sweaters, and what happened at the last minute "the say we needed to spend cash to dragon"? Was this the "ugly sweater" contest? If so, I'll admit I felt some of those sweater designs almost bordered on attractive, perhaps violating the spirit of the contest.

i am pro gaia and s will be my last post. since the the glitch the only thing people think is that everyone would exploit it. by saying this it is accusing people of wrong doing. that is wh

[Tessa Illyanovich]

a bottle of war

I was offline for a few days, so I'm a little unclear on some of this...

madbrad222

Not sure where to go with this so starting this thread. I have looked into it and the snowflake charms that were given in abundance in daily chance should be able to use them. It was by no way any deception on the part of gaia members. It was the fault of gaia. So to prevent members from using them or even if gaia takes them away it is illegal and they can be subject to legal action including lawsuits.

If I understand correctly, you feel there's been some contractual violation...would that be accurate? Could you please elaborate as to the nature of this particular breach? From your text, it's a little opaque as to whether you feel this breach is fundamental, material, or minor. Do you have some proof of intent to deceive upon the part of Gaia (the dragon thing, I guess)? Assuming there was an implied promise, how do you feel their response violates the reasonableness test? Could you elaborate on the role of quantum meruit in the context of "Daily Chance"?

Just curious...and if you answer, please be kind and explain your rationale. I'm only a beginning student and haven't finished my GED in law yet, so I'm relying on your expertise.

madbrad222

Normally I would not be so upset, but after the last event with the sweaters and then at the last minute the say we needed to spend cash to dragon I believe there was deception on the part of gaia in order to make money. Let me hear what you think. Especially if you are an employee of gaia.

Could someone explain the references here? What was the event with the sweaters, and what happened at the last minute "the say we needed to spend cash to dragon"? Was this the "ugly sweater" contest? If so, I'll admit I felt some of those sweater designs almost bordered on attractive, perhaps violating the spirit of the contest.

Well done. You caught the wanna-be lawyer at his own game and scared him off. emotion_awesome

Too bad for him that Gaia already realized the glitch and are attempting to rectify the issue and halt further transaction with Go Fusion to limit damage. I think Gaia was being responsible for the glitch all this time.