copyright terms-of-service eula distribution-terms
Is MCLeaks breaking the Minecraft EULA?
<p>I have been in an argument for the last twenty or so minutes regarding the legality of a website known as &quot;MCLeaks&quot; (<a href="https://mcleaks.net/tos" rel="nofollow noreferrer">link to terms of service</a>), which is a purveyor of free Minecraft accounts by way of users uploading their details to them. The <a href="https://account.mojang.com/documents/minecraft_eula" rel="nofollow noreferrer">Minecraft end user license agreement</a> clearly states:</p>
<blockquote>
<p>The one major rule is that you must not distribute anything we've made unless we specifically agree to it. By &quot;distribute anything we've made&quot; what we mean is:</p>
<ul>
<li>give copies of our Game to anyone else;</li>
<li>make commercial use of anything we've made;</li>
<li>try to make money from anything we've made; or</li>
<li>let other people get access to anything we've made in a way that is unfair or unreasonable;</li>
</ul>
<p>unless we specifically agree to it. And so that we are crystal clear, &quot;the Game&quot; or &quot;what we have made&quot; includes, but is not limited to, the client or the server software for our Game. It also includes updates, patches, downloadable content, add-ons, or modified versions of a Game, part of those things, or anything else we've made.</p>
</blockquote>
<p>While the MCLeaks page states:</p>
<blockquote>
<p>Uploading MC Accounts</p>
<ul>
<li>If you are submitting an accountlist, you provide that you have full owner rights at the specified accounts you submit.</li>
<li>The accounts will be automaticially uploadet to our service, and shared with the community.</li>
<li>The accounts are stored in our database and get completely deleted after 7 days.</li>
<li>You are responsible for every account you have submitted to our service, we are not legally responsible for your actions.</li>
</ul>
</blockquote>
<p>However, I'm not certain whether MCLeaks can realistically claim that they are not liable for the actions of the uploaders.</p>
<p>Are MCLeaks outside of the bounds specified in the Minecraft EULA?</p>

<p>The section you quote as clearly saying a thing is not clearly saying the thing. </p>

<p>However:  </p>

<blockquote>
  <p>you cannot pass on or resell any license keys  </p>
</blockquote>

<p>seems to say a thing clearly.  </p>

<p>However, one could argue that it's the sharer of the account who is in the wrong, and not the person receiving and passing on the account.</p>

<p>I'd say that that piece of the agreement, combined with this:</p>

<blockquote>
  <p>must not... let other people get access to anything we've made in a way that is
  unfair or unreasonable</p>
</blockquote>

<p>says that, yes, they are out of bounds. </p>
