Now, I don't think any sources deny that the purchaser of the game does not own the disc. However, you really can't transfer the disc when dealing with most MMOs. To play the MMO itself requires a key on the software to activate your account. This key allows you to create a single account capable of playing different characters on different servers that the game publisher owns.

Since this disc with its own unique key is tied to an account; and the ToS & EULA restrict transfer of characters; it makes it useless to transfer the disc. With a unique key there can only be one account and selling/buying/transfer of account or characters on that account is a violation of the ToS/EULA.

Now, keeping in mind the pixelated[sic] form of the character you create is stored on the game publishers servers, whose property is it? Some say that you are buying the disc, but the virtual/pixelated characters/items/etc. are still property of the game publisher. The most common reason I hear is that because the virtual representation of these sets of 1's and 0's are stored on the game publishers servers, they remain the property of the game publisher. I would refute this claim with the fact there is court precedent (or, at least dicta) that says that the location of storage of media is not determinative of who owns it. If we think about the storage of virtual material we can see that a rule in which location of storage creating an ownership interest would cause many problems for many people. Those pictures you took last Christmas? Upload them to Picasa, Tinypic, Photobucket, etc., and they are no longer yours, or alternatively, a joint ownership of the property is created between the companies that run those hosting servers and the people that upload them. In other words, hosting can't possibly create property rights in digital media, because to do so would create too many property owners in the media in question.

An argument for the player that should be made with respect to the question of "whose gold is it anyway?" is the old "I put time and value into this property therefore, it's increased value belongs to me", infra "time, toil, talent, and effort". Now, it's important to keep in mind that the EULA/ToS doesn't preclude transfer of the disc itself, but rather the property created under that account, namely characters and their possessions. However; if not for the original purchaser/player putting time into the account from its inception; the account tied to the unique key would have no value but the cost of the disc itself. In other words, original purchasers would only desire to transfer the account if there was added value to the account that comes in the form of lots of in game currency on the characters, or a high level character with valuable items. Now, back to the time, toil, effort, and talent argument. The game publisher certainly doesn't play the characters you create for you. In fact, when you create an account, there is nothing on the account. You must create, name, and choose your own characters skin, face, hair color, etc. Then that character starts off with nothing. You must venture out into the virtual world and complete objectives to build wealth and acquire items. Thus, 100% of the time, toil, talent, and effort of the newly created value of the account lies solely with the purchaser. This ttt&e that is put into the character is no small amount of time either. It takes months, usually over a year to create a valuable enough character or account that others would be interested in purchasing from the original purchaser.

Well, just a single argument against the transfer of ones account; a counter to that argument, and an argument supporting ones right to transfer their account. I think that's all for today. Comment if you have any opinions below, and thanks for reading.

Author's note: The 1 at the end of the exclamation marks in the title is not a typo but rather an internet joke known among gamers.