My friend has recently came across a problem with a MMORPG.

Basically its an Online Game with a monthly fee.

He decided to sell his account, which is illegal in the tense he posted in on Ebay. Basically if he had put a proper disclaimer it would have been perfectly legal but he failed to do so.

So here is my question...


Question: If you are selling something that is violating the law, and an unknown party blackmails you to attempt to benefit out of the deal is that still illegal?

Basically since he was breaking Games Rules (Terms of Service) in the way he posted the eBay auction I'm wondering if it is still proveable in court and illegal to attempt to blackmail him regarding the auction?

Thanks, because I am not exactly positive on the specifics in this particular case.

Yes blackmail is still blackmail. ( i.e. you will have to look at the specific laws and the specific wording as to what is being said)

But of course to prove his case he would have to admit to a crime also.

That is why stealing from drug dealers is often popular since they can't call the police.

But he will have to have proof of the blackmail

Interesting. I'm not sure what perspective you are asking about this. From the blackmailer's or the blackmailee's. The concept behind blackmail is that the blackmail has done something they do not want made public so they will pay to keep it private. While that doesn't have to be something illegal, an illegal act would qualify. But blackmail itself is illegal.

Now lets be practical. What the person did is probably not illegal. While it may violate the terms of the membership agreement to this game, that would be a civil, not criminal matter. And I can't see the game doing anymore than cancelling his membership for this. So its hardly something one would pay blackmail over.

I agree with Scott.

While he broke the rules of the game site, he did not commit any crime that could get him into trouble with the government.

At most, the company will revoke his membership for breaking the rules.

I don't know how he is being blackmailed, but whatever it is, he definitely shouldn't pay.