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(Europe/Netherlands)

Let's say I'm a World of Warcraft or Runescape player, in these games there are certain prices for gold, for example a X amount of ingame Runescape money might be worth a Y amount of real money. The game does not allow you to "Real-World trade" the money, this is written in the ToS you accept. Often getting caught leads to termination of ones account.

I have read this question and answer Is legal to sell virtual goods? but I'm wondering about the legality of earning money this way. If this is not illegal how would you do this legally? I guess it would be comparable to earning tickets at a arcade (you don't have to pay to earn them) the arcade says you can't sell the tickets for money but you do so anyway.

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  • I can't see how your question is different from the one you linked
    – Dale M
    Commented Jun 2, 2016 at 9:27
  • That question replies that it's probably not illegal "How would do this legally" do just have to file it as profit made by a company owned by just you and then it's all fine? Like you would with anything? Commented Jun 2, 2016 at 9:34
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    Are you asking about tax? That is, is the point of your question 'How do I comply with tax law if I earn money form selling online curency?' Commented Jun 2, 2016 at 11:02

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Let's take Runescape as the example, because there's some guidance about the Dutch legal status of items in that game: the ToS terms do not alter the fact that within Runescape, items are under the actual and exclusive control of a specific player. That is to say, we can treat these virtual goods as if they were non-virtual.

Now what is the legal status if I try to sell something which by contract I'm forbidden to sell? Such contracts are not illegal per se, but the bar(*) is rather high. As an example, a ticket scalping law is discussed because concert and sports ticket vendors currently cannot ban resale by ToS. By analogy, games cannot ban resale by ToS either (There is neither a general law nor a law specific to in-game items).

(*) Resale restrictions can apply to houses as they are a recognized scarce good.

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