Dear Friendly Necromancer,
Recently my sister had her Wizard 101 account banned based on supposed violation of the Solicitation of Personal Information clause in Wizard 101's Terms of Use. When my father requested proof of her supposed solicitation, Mr. Lincoln responded only with statements showing that my sister provided (NOT solicited) information to another player. Since my sister did nothing to violate the Terms of Use, she should not have been banned, but they just won't listen to anybody or what we say, and their almost acting like little kids right now. They were voted the best family MMO of 2009? It made sense at first, but not anymore.
Since this really never asked a question for me, I'm going to ask it for them . . . what is the legal definition of "solicit" as it applies here? Because that's really what's going on here with this complaint. I tried to warn you guys last week, do NOT give out your passwords, it's a really bad idea because they will ban you. Now you've seen the truth of the matter through this family's experience.
It's very sad. I think that this family probably had a really good time playing this game together and now one of the players is not on the same page as everyone else, and they would have to start over at level 1. All the time invested in building a character and playing through this storyline is now lost. The joy is now killed. What does that do to a family? Well, it makes them mad!
I bet that daughter feels pretty bad about leaking her password and the rest of the family wants to jump to her defense, but really is solicit merely a synonym for "ask" or is it something more? Well, I looked up a few legal things and the legal definition of solicit is as thus: "Urgent request, plea, or entreaty; enticing, asking. The criminal offense of urging someone to commit an unlawful act."
Where I get stuck here is "enticing" and "urging someone to commit." This is why I think their interpretation of solicit is solid and why they ban both parties. If you say to someone "my password is XXXXXXXXXX right?" (as the daughter of the family did) Then are you enticing someone to commit the act of logging into an account that is not theirs?
I think in this world of identity theft, you all should get in the habit of protecting your information.
Now, I know that this is not the terms of use, but every time you log in there is also a very blatant warning on the patcher:

That there does NOT say "solicit" or even "ask" . . . that says "give."
SO TO THE REST OF YOU . . . PLEASE THINK TWICE ABOUT KILLING THE GAME FOR YOUR FAMILY BY GIVING OUT YOUR PASSWORD!
Despite this, the rest of the story is that Kingsisle refunded them $60 for that account (which they had only recently renewed).
What do my readers think? Does giving your password to someone fulfil the legal definition of "solicit"? Or is it a stretch? Is the warning in the patcher legally binding and how do you think Kingsisle should have reacted in this situation?
Finally, Kingsisle finishes their terms of use by saying, "We may suspend or terminate your account for any failure to comply with these Terms of Use, any terms related to any service offered through the Site or for any reason whatsoever, or for no reason."
If it was me, I'd approach them in a more humbled manner . . . something where I tell Kingsisle that I've taken discipline of my daughter into my own hands and explain that this is a game my family plays together and perhaps show a bit of action on my part to teach my daughter that information sharing is against the rules . . . you know, instead of trying to educate Kingsisle on the meaning of their own terms of use. I don't know how they would react (it may not change a thing), but I'm going to believe that it would be better received.
/shrug
Let me give you an example from my life. When I was a stupid teenager, I got caught by the police throwing water balloons over a bridge onto oncoming traffic with a bunch of kids that I didn't normally hang out with, and I ended up having to go to court on a charge of littering. My mother stood by my side and told the judge that she was going to be working me overtime at home, that I would be paying the large fine, and that she wasn't going to let me hang around those kids ever again. And she meant it. The judge had some mercy and didn't make me do any community service time, and I think that happened largely because my mother showed some action on her part. The other kids didn't have a cool mom who knew how to talk to the judge and tell him what he wanted to hear. Yeah, that was a really sucky summer for me, but at least I didn't have to wear orange and pick up garbage with the juvies. Had she tried to argue to the judge about the definition of littering, well maybe the judge would have argued the defintion of attempted manslaughter since you know, a balloon exploding on a car window could cause someone to overcorrect their car, crash, and die.
Think about it. Your words and actions are powerful.
Happy Dueling!












