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eBay Delisting All Auctions for Virtual Property

Posted by Zonk on Fri Jan 26, 2007 03:39 PM
from the definition-of-what-is-real dept.
The growing popularity of Massively Multiplayer games has brought the issue of ownership rights in virtual worlds, and the appropriateness of what is called 'real money transfer' (RMT) into an increasingly public light. The success of the company IGE, as well as the launch of Sony Online Entertainment's 'Station Exchange' service would seem to indicate that RMT is now an acceptable part of Massive gaming. The well-known auction site eBay has recently made a policy decision that may throw these assumptions into a different light. Following up on a rumour that's been going around I spoke today with a media representative for the company, who confirmed that eBay is now delisting all auctions for 'virtual artifacts' from the site. This includes currency, items, and accounts/characters; not even the 'neopoints' used in the popular Neopets service is exempt from this decision. Read on below for the company's rationale for this decision, and a few words on the impact this could have on future RMT sales.
Mr. Hani Durzy, speaking for eBay, explained that the decision to pull these items was due to the 'legal complexities' surrounding virtual property. "For the overall health of the marketplace" the company felt that the proper course of action, after considerable contemplation, was to ban the sale of these items outright. While he couldn't give me a specific date when the delistings began, he estimated that they've been coming down for about a month or so. Mr. Durzy pointed out that in reality, the company is just now following through with a pre-existing policy, as opposed to creating a new one. The policy on digitally delivered goods states: "The seller must be the owner of the underlying intellectual property, or authorized to distribute it by the intellectual property owner." Given the nebulous nature of ownership in online games, eBay has decided the prudent decision is to remove the possibility for players to sell what might be the IP of other parties via their service. Mr. Durzy made it a point to say that initial listings of virtual property would not have punitive actions. Their assumption, he said, is that most users break with policies because they're unaware of them, rather than maliciously. Initial infractions will result in a delisting of items, and an attempt to educate the user on the policy. Persistent disregard for the policies, of course, will result in a removal of the seller's account.

We've spoken before on the possibility of taxation of virtual goods in the U.S. and abroad, as well as the economic impact these sales can have. With the removal of a very popular, very public source of virtual currency and goods from the market, what does this mean for the future of RMT? Will small businessmen who previously worked via eBay now turn to larger independent sites like IGE? Given that eBay is ipso facto declaring virtual goods to be the property of the game makers and not the players who 'earn' them, what does this mean for the future of virtual rights in general?

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prostoalex writes "MSNBC points to the court cases spawned by virtual worlds. Recently, Tom Loftus notes, a virtual island in one of the MMORPGs sold for $30,000, enough to attract commercial attention. Apparently, some businesses create third-world sweatshops, where low-wage laborers are being paid to play and accumulate enough virtual merchandise, so that an eBay sale of it makes the operation profitable. 'One such business, Blacksnow Interactive, actually sued a virtual world's creator in 2002 for attempting to crack down on the practice. The first of its kind to center on virtual goods, the case was eventually dropped,' MSNBC says." Update: 02/06 18:59 GMT by Z : We ran a story about the sale of the virtual island, and Terra Nova has a lot of commentary on the sale of virtual goods. For comparison, the economic impact of this phenomenon is roughly equal to that of Namibia or Macedonia.
[+] IGE On Why Power-Leveling Is Like Day Care 86 comments
simoniker writes "In a rare interview with the COO of MMO item-selling giant IGE at Gamasutra, topics discussed include the ownership of in-game items, why gold selling can be a "great business opportunity" for Chinese suppliers, and why power-leveling (paying other players to increase your character stats) is something IGE will be moving into." From the article: "Clarke also noted that, in pure economic terms, paying people to level your character is 'a market which tends toward commoditization.' Of course, those handing over their character have 'a high degree of sensitivity' to what's happening to their virtual avatar — the COO quipped: 'It's almost like day care... you'd be amazed how much they check in.'"
[+] The Tax Man Comes To Virtual Australia 91 comments
shadrach_au writes to mention that what was being considered in the states is now apparently policy down under: your virtual assets can be taxed. The Australian Tax Office (ATO) is warning citizens to consider whether their gaming 'is a hobby or a business' and act accordingly. From the article: "If a virtual transaction has real world implications — if it can be attributed a monetary value — it attracts the attention of the Tax Office. Sites such as slexchange.com set rates for swapping Second Life's Linden dollars for 'real' money. 'The real world value of a transaction may form part of your taxable income, even if it is in Linden dollars,' the ATO spokeswoman says. 'In addition, there may be GST (goods and services tax) to consider.' In other words, if you are turning over the equivalent of more than $50,000 selling virtual jewelery to Second Life avatars, you must get an ABN (Australian Business Number) and register for GST."
[+] Your Rights Online: Taxing Virtual Gaming Assets 454 comments
rijit writes "It appears very likely that taxation of online games assets is inevitable. Quote: 'That's because game publishers may well in the not too distant future have to send the forms — which individuals receive when earning nonemployee income from companies or institutions — to virtual world players engaging in transactions for valuable items like Ultima Online castles, EverQuest weapons or Second Life currency, even when those players don't convert the assets into cash.' "
[+] eBay Virtual World Delisting Skips Second Life 42 comments
As a follow-up to last week's eBay delisting story, CNET has the word that Second Life content is exempt from this decision. Mr. Durzy, speaking with CNET, specifically cited Second Life content as exempt because of the uncertain role of the virtual world. As the company (and the rest of us) are uncertain whether to label Second Life as a game in the first place, player-created content is still sellable via eBay auction. A perfectly fine explanation, but GigaGamez takes things a step further, pointing out that eBay founder Pierre Omidyar became a major investor in Linden Labs in 2004. It's uncertain if this constitutes a conflict of interest, because confusion about what exactly Second Life is persists pretty much everywhere. Just the same, it's interesting to note. Their article on the subject also has a few words of commentary from Edward Castronova, the well-known commentator on all things RMT.
[+] P2P Virtual Currency Exchange Launches 128 comments
miller60 writes "In the wake of eBay's decision to halt auctions of virtual property, new companies are entering the market to fill the void, including one allowing gamers to trade game currency directly with one another rather than buying from IGE or other exchanges. The company, Sparter, says this eBay-like "peer-to-peer" approach will result in lower prices as sellers compete. It incorporates a reputation system and escrow for gold delivery. Sparter received venture funding from Bessemer Capital, signaling that VCs still see opportunity in the virtual economy, even if eBay doesn't."
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  • Just Sell the Time (Score:5, Insightful)

    by eldavojohn (898314) * <my/.username@@@gmail.com> on Friday January 26 2007, @03:43PM (#17775120) Homepage Journal
    So, I'm aware that things like this have been implemented in the past. But the easy way to get around them is to not offer the item, gold or online property but instead offer to the bidders your personal time and service to acquire the items.

    Examples:
    • "level 60 epic gear warrior for sale" => "leveling services to get you a epic gear warrior"
    • "5000 gold on Thunderlord" => "the five days of playing time it takes me to get you 5000 gold"
    • "1337 item" => "time it took me to farm this item and give it to you"
    I mean, are they safe guarding against this also? Because, in the end, what's wrong with selling people your time or services to them? Once they complete the service, you pay them. I don't know how they could find some way around this or tell which auctions for services need to be revoked.
    • Re: (Score:3, Insightful)

      It's just eBay being stupid. IGE and all the other sites that cater specifically to gold/equipment/character farmers are just going to get more business because eBay is "worried about the legal complexities" of selling virtual property.

      Honestly, I'd though
      • Re:Just Sell the Time (Score:5, Insightful)

        by ivan256 (17499) on Friday January 26 2007, @04:42PM (#17776252)
        It's just eBay being stupid. IGE and all the other sites that cater specifically to gold/equipment/character farmers are just going to get more business because eBay is "worried about the legal complexities" of selling virtual property.

        It's not eBay being stupid, but it's not what they're saying it is either. If eBay thought they could make money providing this service, they would. The real reason is that the associated costs and risks exceed the profit available from these transactions. I'm sure that internally they have statistics that show the rates of disputed transactions, and the administrative costs of dealing with them along with the cost of liability insurance for the potential litigation associated with these transactions. They compared those numbers with the projected revenue and one side won.

        This isn't a philosophical issue, or eBay trying to prevent anything. Companies don't work that way (usually). This is almost certainly purely economic.
        [ Parent ]
        • Re: (Score:3, Informative)

          Being an ex-Neopets player, that is nothing new. eBay doesn't permit anything that copyright holders can rightfully object to and has routinely removed auctions selling Neopoints for years.

          eBay policy: http://pages.ebay.co.uk/vero/ [ebay.co.uk]
          Neopets ToS: http://neope [neopets.com]
        • eBay is a big, profit-focused company. They don't walk away from money unless there is a reason. Either they've decided it will become a problem in the future, or more likely, it's a problem for them now. That could be the cost and ill-will of complaints f
              • Re: (Score:3, Interesting)

                Preface... I buy and sell both real and virtual property on ebay, and moved my Everquest buying an selling (to the tune of USD10k/mo) to PlayerAuctions.com after ebay banned that particular game many years ago.

                That said, there is a certain amount of risk
          • Re: (Score:3, Insightful)

            Informative or Insightful as per mods discretion.

            Parent took the GP's misconception of how and why economic decisions are made (that is, the idea that what the rep says has anything to do with why the decision was made) - and explained what was likely the
          • Re:Just Sell the Time (Score:4, Insightful)

            by aldheorte (162967) on Friday January 26 2007, @08:24PM (#17779268)
            "but the idea that decisions a large company makes are typically based on risk analysis, balancing potential profit and risk, is not exactly something that anyone should view as insightful."

            The truly ironic thing here is that you are dismissing the original poster for making a comment that you view as so obvious it shouldn't be marked insightful, yet the original comment isn't even valid. That is how a large company works in the theoretical, academic model. In reality, any sufficiently large corporation is governed by petty egos and politics and therefore any particular decision may or may not make any economic sense. Like police, economics is a corrective force, not a preventative one, once group dynamics are considered.
            [ Parent ]
      • Re:Just Sell the Time (Score:5, Insightful)

        by beakerMeep (716990) on Friday January 26 2007, @04:48PM (#17776338)
        Wait what? Why is it stupid to drive away business that opens you up to potentially being sued by game makers for facilitating the sale of someone else's intellectual property? are you claiming it's stupid to get out of bad business practices because "other people will just pick where we leave off"? Also how is ebay "messing with supply and demand"? it's not like they are deleting items from WoW's database. or charging extra fees based on demand for vitual goods. they are just getting out of the business of facilitating transactions for these items.

        The only way to prevent the sale of in-game artifacts is to make them non-transferable, and that's never going to happen.

        some games actually do this for a substatial number of items. While they couldn't do it for all items it has an added benefit of requiring people to grind for items themselves.

        I'm no fan of ebay, but your argument makes no sense.

        [ Parent ]
      • Re:Just Sell the Time (Score:5, Insightful)

        by xeromist (443780) on Friday January 26 2007, @04:57PM (#17776502)
        Ebay isn't saying you can't sell things of subjective value. Where they have a problem is that they aren't sure who the item belongs to. Sure there are issues of hacked accounts having stuff sold off. However the real issue is that they're not sure whether you or Blizzard owns that epic gear.

        You paid for the game time and put the effort in to earn that copy of an item, so maybe it is yours. Artists at Blizzard created the item and it, just like everything else in that virtual world, is the intellectual property of Blizzard. Maybe the item belongs to them then.

        There is also the issue that many MMO games have explict prohibitions against selling items. All it would take would be one publisher deciding Ebay was promoting violations and deciding to sue. Would they win? Doesn't matter because Ebay doesn't need the headache. They figure the listing fees wouldn't weigh against the cost of a court battle.
        [ Parent ]
          • Re: (Score:3, Interesting)

            That doesn't make any sense. If the item belongs to the game publisher before you "sell" it on eBay, then it still belongs to them after the sale, so why should they care?

            There are a few reasons.

            One, they don't want to lose customers who stop playing the g
          • Re: (Score:3, Insightful)

            There's plenty of sites out there that have been very successful in virtual transactions. IGE being one of the most often mentioned since it seems to have a hand in every popular MMO out there. The most I've seen any game publisher do about it is mass bann
      • Re: (Score:3, Insightful)

        Although burglars are on the supply side of the supply and demand system, it's probably still a good idea to go after them.

        I'd like to see both sides tackled in MMO gold selling. The only way to stop it is to make life difficult for the sellers and risky f
    • Re: (Score:3, Insightful)

      Of course, one can question the wisdom in allowing real-world money to be exchanged for what is essentially a particularly tedious and inefficient database update.

      In fact, should this type of exchange become prevalent in the economy I'd suggest anti-monopo
      • Re:Just Sell the Time (Score:5, Interesting)

        by maxume (22995) on Friday January 26 2007, @04:18PM (#17775796) Journal
        That's like saying people shouldn't be allowed to practice with their shitty bands or write shitty novels.

        The good news is that the damn fool who is farming is lowering the amount of time the damn fool spending money on virtual goods is spending on the game, freeing up the spender to do other actual work in the economy.

        Entertainment is an economic sink, it disappears productivity into the (supposed) well being of the person being entertained. Placing a silly regulation on a form of entertainment because it is extra stupid is a bad idea.
        [ Parent ]
        • Re:Just Sell the Time (Score:5, Insightful)

          by KevMar (471257) on Friday January 26 2007, @04:44PM (#17776302) Homepage Journal
          I can spend 3 hours in the game farming (not doing the fun stuff) to earn 300 gold

          or I can spend 3 hour working extra (or overtime) to make $30.00 and purchase 1000 gold.

          what is your time worth to you?

          What if it took you 3 hours to make 50 gold?

          each game and even game server are different, but that was the exact exchange that many world of Warcraft players would face. Recently the market has shifted around, but at one point it was more economical to just purchase the gold.
          [ Parent ]
          • Re:Just Sell the Time (Score:5, Insightful)

            by AArmadillo (660847) on Friday January 26 2007, @05:41PM (#17777202)
            Here's an even better solution: spend one hour finding a game that does not require you to work in order to have fun. Then spend the extra two hours actually enjoying playing that game.
            [ Parent ]
            • Re: (Score:3, Funny)

              Let's just say I'm not a fan of video games where spending time doing something simple and repetitive is beneficial.
              Yeah, right. And I suppose you don't masturbate either.
    • Re:Just Sell the Time (Score:5, Insightful)

      by beakerMeep (716990) on Friday January 26 2007, @04:12PM (#17775714)

      Because, in the end, what's wrong with selling people your time or services to them?
      Because it's a thinly veiled end run around the rules. I would imagine that since this isnt law, but rather a TOS policy, ebay can easily just say "Selling virtual items or services to provide virtual items is prohibited." Especially since the items aren't the intellectual property of the seller. I'm sure some clever folks will still sell this stuff more subtly. But having to be subtle will decrease your exposure to your customers, and thus your profits.
      [ Parent ]
    • Re:Just Sell the Time (Score:4, Insightful)

      by Cornflake917 (515940) on Friday January 26 2007, @04:18PM (#17775812)

      I mean, are they safe guarding against this also? Because, in the end, what's wrong with selling people your time or services to them? Once they complete the service, you pay them. I don't know how they could find some way around this or tell which auctions for services need to be revoked.
      There's nothing wrong with people selling their time for games like WoW. At least, there's nothing legally wrong. However, in terms of the WoW EULA, the trading of characters and gold out of game is not allowed. eBay probably feels this is unethical, and the fact that they are allowing and making it easier for people to circumvent Blizzard's contracts is borderline illegal. In fact, I wouldn't be surprised if they made this decision because Blizzard is threatening them with legal pressure.

      IIRC, almost every WoW character being sold on eBay had the same disclaimer stating something on the lines of "By looking at this webpage you are agreeing that you aren't a Blizzard employee. The sale of this auction doesn't involve any possesions, instead you are paying for my services and time that I put into this character."

      That's probably why eBay made the decision to delist all virtual goods, because people were always finding ways to circumvent their rules by changing the wording. Now they won't be able to do that.
      [ Parent ]
  • How about Chinese Counterfeit goods? (Score:5, Insightful)

    by P3NIS_CLEAVER (860022) on Friday January 26 2007, @03:43PM (#17775134) Journal
    Good to see they are pulling virtual goods, how about the real junk coming from China (this has been a real problem, especially with things like musical instruments)
    • Re: (Score:3, Insightful)

      As long as they are not misrepresenting what they are selling, then I don't see a problem. If I want to pay $100 for someone else to play the first 20 hours of World of Warcraft, so I don't have to play all those low levels, then I should be able to. At
      • Re: (Score:2, Insightful)

        Go check out "gibson les paul guitar" on ebay. They are selling guitars that are complete fakes as genuine. I have heard other horror stories on forums about guitars with thin veneer over chipboard and things like that. Why does ebay allow this?
      • by Barny (103770) <bakadamage-slashdot@yahoo.com> on Friday January 26 2007, @05:19PM (#17776850)

        there's no reason why I shouldn't be allowed to sell my character
        One thing they point out is that its not YOUR CHARACTER, its never your character, you are paying your little fee each month to use their character in their game.
        [ Parent ]
    • Re: (Score:2)

      I think the counterfeit goods is a great example of how this is all show for ebay. Ebay seems to either lack the will or the ability to really police their site, which is one of the reasons I only use it as a last resort. They seem to go on massive delis
  • It won't stop gold traders (Score:3, Informative)

    by tepp (131345) on Friday January 26 2007, @03:44PM (#17775146)
    I doubt it will impact the various virtual economies much, considering that you can go directly to several of the larger farming groups and buy gold direct.

    For example, IGE.

    If people still want to buy/sell virtual goods, there really isn't any way to prevent them.

    Still, I salute Ebay for trying.
  • Given the nebulous nature of ownership in online games...

    Don't game creators and server owners place very explicit copyright ownership clauses into their license agreements with users? People obviously break the rules without much thought, but isn't the e
  • by User 956 (568564) on Friday January 26 2007, @03:46PM (#17775176) Homepage
    The well-known auction site eBay has recently made a policy decision that may throw these assumptions into a different light. Following up on a rumour that's been going around I spoke today with a media representative for the company, who confirmed that eBay is now delisting all auctions for 'virtual artifacts' from the site.

    This is insane. There's clearly a market for this activity. And there's clearly a way to handle it legitimately (i.e. IGE). Instead of setting up a parallel site (like eBay motors), they just decide they're not going to handle it at all. Way to serve your investors, ebay.
    • Re: (Score:2, Insightful)

      Insane? Not really. Ebay is just avoiding what is essentially a grey-market area.

      I'd guess the potential costs of litigation far outweigh any profits to be made from allowing these actions. It's not like Ebay is lacking in traffic in other, more legitim
    • Re: (Score:3, Informative)

      This is insane. There's clearly a market for this activity. And there's clearly a way to handle it legitimately (i.e. IGE). Instead of setting up a parallel site (like eBay motors), they just decide they're not going to handle it at all. Way to serve your
    • Re: (Score:3, Insightful)

      Doesn't matter if there's a market for a particular item; you have to look at your gain vs investment and risk. They just decided to leave it alone as the risk outweighs the gain. If there really is a market, a braver company will pop up and support it.

      I
  • by Mustang Matt (133426) on Friday January 26 2007, @03:47PM (#17775194)
    Could I still sell a pencil and include my WoW account with it?

  • There are games (and whatever you want to call "Second Life") that encourage virtual-to-realworld economies. Will eBay differentiate on a per-game basis?
  • by Colin Smith (2679) on Friday January 26 2007, @03:47PM (#17775214)

    or authorized to distribute it by the intellectual property owner.
    How could you hand over an item in a game unless you have that authorisation. The game producers are as close to omnipotent gods as you can get, if they want to stop it, they can.

     
  • What about domain names? (Score:5, Interesting)

    by bokmann (323771) on Friday January 26 2007, @03:51PM (#17775272) Homepage
    Does this mean they are also going to delist auctions for domain names, downloadable software, and other, not-so-game-oriented property that also happens to be virtual?
  • Is this a great country or what? (Score:5, Insightful)

    by sfjoe (470510) on Friday January 26 2007, @03:51PM (#17775288)


    Not only can we buy crap we don't need, now we can buy crap that doesn't even exist. Whattacountry!


  • The seller must be the owner of the underlying intellectual property, or authorized to distribute it by the intellectual property owner.

    So, can I not sell used books, cd's, artwork or games?

    Will eBay be shutting down Half.com?
    • So, can I not sell used books, cd's, artwork or games?

      Jesus H. Christ, have you never heard of First Sale Doctrine [wikipedia.org]? I assure you that ebay's lawyers have, and will not be advising that they cut out a truly absurd percentage of their revenue over something that is legal. Anyway the two situations are not remotely similar. In the case of a book, cd, artwork, or game, you are selling physical media which contains some data.

      In the case of a digital asset, you are selling a promise to make an alteration to a game world. There is no physical good and furthermore there is no intellectual property to transfer! It's not even like you exported an item out of the game world and are transferring the file representing the object. You are trying to sell something that clearly does not belong to you. You are not your character in world of warcraft. That's not even a representation of you. It's more like you've paid a monthly fee to play with someone else's action figures, in their sandbox.

      [ Parent ]
    • by jonnythan (79727) <slashdot@nOSpam.jonnythan.com> on Friday January 26 2007, @04:16PM (#17775784) Homepage
      You must be the owner of the intellectual property *if you are selling intellectual property*.

      If you're selling a physical item, you must be the owner of the physical item.

      You don't own your WoW character. You own your CDs. You can sell your CDs but not your WoW character.

      Done.
      [ Parent ]
        • Re: (Score:3, Interesting)

          Definitely not the end user. Your leasing access to the character & the service. Stop paying for the account and see what happens. You get it taken away from you. Heck, try selling a leased car & see how far you get. It's the same thing pretty much
  • ...to open up an auction site that caters specifically to these types of transactions.
  • Is eBay that lazy? (Score:4, Interesting)

    by Cornflake917 (515940) on Friday January 26 2007, @03:56PM (#17775398)

    The seller must be the owner of the underlying intellectual property, or authorized to distribute it by the intellectual property owner.
    For games such as World of Wacraft which explicity say in the EULA that all characters etc. are property of Blizzard and that the selling of these items break the terms of the license, I can see why you would want to delist them.

    What about games that do allow or will allow buying of virtual property? It seems to me that eBay would be shooting themselves in the foot by blindly delisting all virtual items.

    On a different topic, now where will I shop for a level 70 blood elf paladin?
    • Re: (Score:3, Interesting)

      On a different topic, now where will I shop for a level 70 blood elf paladin?
      My guess would be eBay.

      Hypothetical situation:

      You buy a piece of paper. That piece of paper is imprinted with the account and password (as a "free" bonus), the seller sends said paper through the mail and sends you a confirmation email containing the sam
  • by Guppy06 (410832) on Friday January 26 2007, @04:12PM (#17775698) Journal
    I'd rather eBay start delisting all those "informational CDs" instead.
  • by DogAlmity (664209) on Friday January 26 2007, @04:44PM (#17776300)
    Yes, you, you people with more money than you know what to do with!

    You DON'T need to spend hundreds or thousands of dollars on nothing!

    Here's a link to website with a huge listing of charitable organizations. I promise you that giving 2 grand to help the needy or cure a disease will make you feel better than spending 2 grand on a shiny new level 70 rogue.

    http://www.charitynavigator.org/ [charitynavigator.org]

    Comprende?

    • Re: (Score:3, Insightful)

      It's not nothing to people who do that, they have real value.

      Assuming you put a value on your time, which you should.

      Think about it, there is this great fun game, but there is one part which isn't so fun.
      You can spend 100 hour doing the unfun stuff, and th
  • by radarsat1 (786772) on Friday January 26 2007, @05:27PM (#17777006) Homepage
    I hope that they can classify "informational PDF files" as "virtual items" and delist them. Ebay is just plagued with people selling "information" on how to get actual products, hoping someone will basically make a mistake and buy it thinking they are getting the product itself. This has got to stop. It's basically Ebay SPAM.
  • Lucky for me my hunter was so epic (Score:5, Interesting)

    by boarder (41071) on Friday January 26 2007, @06:19PM (#17777850) Homepage
    EBay tried to de-list my auction back in October for the character I played. I put up my fully epic hunter for $375 buyout, and it sold in under 12 hours.

    The kicker is that about 6 hours after I got the paypal payment for it, eBay sends me an email saying they have taken my auction down because it violated Blizzard's IP. The auction was already done! Hilarious work, eBay... not only did I get the money for my character, but I didn't have to pay eBay for the auction cost.

    The other guy got my account;
    I got money for the time I put into the character;
    Blizzard got the money for the game CDs and my monthly subscription;
    Paypal got their bite out of our transaction;
    eBay lost money for the bandwidth, site design and hosting.