Your arguments are wrong from a moral perspective, and fall down on a legal perspective in many ways, such that as advertising does not constitute an offer, and hence does not constitute in itself breach of contract or of the law, or even an offer to do so.
this has no relevance to the conversation, i never mentioned anything about advertisement.
The analogy falls down for several reasons. For example, the fundamental contract is you get to do what you want your character, and his stuff, and blizzard gets your monthly fee. That cannot be altered by the small print, because, hey, that's the heart of the contract - in the UK at least, if you try and alter the main tenant of the contract by small print like the EULA, you're not going to get anywhere. This isn't the case in stuff like Photoshop, where it's clear that the basic agreement's for non-commercial use.
really, dont pull that "well but for photoshop its clear" bullshit, its perfectly clear in this clause:
C. exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Blizzard; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
.... and a terms of service clause, even though you think is ignorable.
A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Blizzard.
there are no if, then, or buts this is part of the LICENSE AGREEMENT not terms of use, just as applications such as photoshop would have. you cant try to defend yourself in court saying the license agreement stating XX wasnt clear enough when you accepted it agreeing you read and fully understood what you are agreeing to. it is clear as day that you are not to exploit anything in the game for outside currency.
Just...no. Really. No. Counterexample: Say I take a picture of your property and then sell it. Is that theft? No. Say I rent a house and then sublet it. Is that theft or illegal? No. You most definately can make a profit off something you don't own. Alledging otherwise is simply wrong, as those two counter examples of different kinds show, and there are plenty of others - parody, for example. Reviews of stuff make money off something you don't own, ffs!
your examples are just as bad. you apparently did not understand what i was saying. it is common sense when you sell something in real life that is not yours, it is theft. it is theft because you did not own that house, car, whatever it may be. taking a picture of a house, or making money off of a review is not altering direct ownership and possession of the object. electronically, it is somewhat different since in most cases, you essentially can not actually lose a possession when it is exported, sold, etc because well, it is digitalized. even though blizzard is not losing ownership of that gold, since it would transfer to another account, it is still theft in that the gold is directly involved. you can sell a picture of a house, but the house is still owned by the homeowner... you sell someone your gold, the gold physically changes who possesses not owns it. go ahead and try to argue you cant steal gold since its just code and ill say the same thing about 3d models since its all digital.