How would an MMO like the Secret World or Guild Wars 2 fall into a potential ruling, where you pay upfront to access to the MMO, but don't have to pay a subscription?
Most gamers will acknowledge there's a difference to buying an MMO like Guild Wars 2 and a primarily single player game like Torchlight that just happens to have a multiplayer component, since you are not really buying the client, but access to their persistent world servers, but someone with a non-gamer perspective might not view it that way. What would the ramifications be if you could effectively be legally allowed to resell Guild Wars 2 accounts? If the court deems that those type of games deserve an exemption, what would the legal rationale be? If the legal rational gives publishers a loophole, could we be seeing a shift into how future games are designed if the exemption is too broad?
I don't know where I really stand on this. The side effects of a ruling for the plaintiffs could make things really weird if the judges don't consider the way they make their ruling carefully.