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  #15  
Old 04-02-2005, 06:52 AM
Piranor
Fire Beetle
 
Join Date: Mar 2005
Posts: 1
Default About "donations"

"I think the term donate...means just that...."

You were right if this was actually a donation situation.
A donation to the law is the of giving to a fund or a cause; it's a gift, a grant. If you stick to that it does sound right for GW case.
However take a look at the definition of a contract and let's see the differences.
It is set of promises made by one party to another for the breach of which the law provides a remedy. The promise or promises may be express (either written or oral) or may be implied from circumstances.

In the case of GW, they were taking so-called "donations" and promising to keep the server up for "X" amount of time with it. But the main problem is that donators were actually getting advantages and services from it such as guildwars "donator" items. It was more like "We are taking donations for the month of may and for every X$ you get you will receive this".

Hence according to that mere fact, it is a contract and they have to either respect their engagement or refund the buyers. That's right they were buyers not donators because they did receive their share in the trade.

GW can't hide behind the laws there saying it was a "donation". Any company would offer you services for money down and call it a donation when they feel like dropping you. You can't call it a donation if there's an actual exchange/trade proper to this very donation. It's a contract *period*

Thank you

p.s. I did not donate I just wanted to set things straight and I don't really mind if they closed the server.