terms-of-service video-games
Is it legal to create a website acting as middleman for transactions between game items and real life cash?
<p>Knowing the ToS and EULA of the game prohibit one of selling his game items for real life money transactions, my question is, is it legal to create a website to act as the middleman for these transactions? From my view there is two options the website could work:</p>
<ol>
<li>Serve as a fully middleman: user posts an item; service bot receives the item; whenever a user buys the item the service bot gives the item to that user.</li>
<li>Serve as a transaction website: user posts an item; waits for someone that wishes to buy it; service takes care of all the money transactions and confirms the item was given by both users;</li>
</ol>
<p>My thoughts are the first one is illegal as a service because of the bot doing actions against the ToS and EULA but the second one I'm not that sure because the risk is on both accounts.</p>
<p>For research purposes the game in question is Rocket League. There are also real examples of this for Counter-Strike: Global Offensive such as Bitskins and DMarket which are still running, if this is not legal could someone explain why these examples are still up knowing they are in the same situation as the game I mentioned?</p>

<h2><a href="https://www.thebusinesslitigators.com/tortious-interference-with-contract-claims-in-business-and-comme.html" rel="noreferrer">Tortuous interference with contract</a></h2>
<p>Both websites would be able to be successfully sued under the tort of interference with contractural relations.</p>
<blockquote>
<p>The requisite elements of tortious interference with contract claim are: (1) the existence of a valid and enforceable contract between plaintiff and another; (2) defendant’s awareness of the contractual relationship; (3) defendant’s intentional and unjustified inducement of a breach of the contract; (4) a subsequent breach by the other caused by defendant’s wrongful conduct; and (5) damages.</p>
</blockquote>
<p>The damages would be caused by the reduction of the play experience by allowing these things to be bought instead of earned.</p>
