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I have been in an argument for the last twenty or so minutes regarding the legality of a website known as "MCLeaks" (link to terms of service), which is a purveyor of free Minecraft accounts by way of users uploading their details to them. The Minecraft end user license agreement clearly states:

The one major rule is that you must not distribute anything we've made unless we specifically agree to it. By "distribute anything we've made" what we mean is:

  • give copies of our Game to anyone else;
  • make commercial use of anything we've made;
  • try to make money from anything we've made; or
  • let other people get access to anything we've made in a way that is unfair or unreasonable;

unless we specifically agree to it. And so that we are crystal clear, "the Game" or "what we have made" 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.

While the MCLeaks page states:

Uploading MC Accounts

  • If you are submitting an accountlist, you provide that you have full owner rights at the specified accounts you submit.
  • The accounts will be automaticially uploadet to our service, and shared with the community.
  • The accounts are stored in our database and get completely deleted after 7 days.
  • You are responsible for every account you have submitted to our service, we are not legally responsible for your actions.

However, I'm not certain whether MCLeaks can realistically claim that they are not liable for the actions of the uploaders.

Are MCLeaks outside of the bounds specified in the Minecraft EULA?

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The section you quote as clearly saying a thing is not clearly saying the thing.

However:

you cannot pass on or resell any license keys

seems to say a thing clearly.

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.

I'd say that that piece of the agreement, combined with this:

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

says that, yes, they are out of bounds.

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It is not illegal as long as the account was passed on, buuutttt if it was stolen and hacked it is illegal.

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