I play this online web browser game, and I created a bot that I use to automate in-game actions. Of course using scripts/bots is prohibited in game rules and leads to banishment if detected.
So my question is: legally speaking, is it illegal to sell this bot to other players? Or charge them a monthly fee for using it?
If marketing it is legal, is there anything else that's illegal when dealing with online games and botting ?
IANAL
The legality of cheating in video games has already been challenged in a court of law.
You see, Nintendo didn't want people to cheat. Fearing it would lower the financial value of their games if you can beat them in just a few minutes.
It was argued in court that a video game is no different than a book. If you want to read the end of the book, skip to your favorite chapter or skim quickly through a boring part you can. The conclusion is the game is yours to enjoy in anyway you want. Nobody can tell you how to play your game.
Also it doesn't matter what the TOS says.
TOS is not legally binding Good news: another federal judge has ruled that violating a website terms of service is not a crime. But there's bad news, too — the court also found that bypassing technical or code-based barriers intended to limit access to or uses of a website may violate California's computer crime law.
However, I've read you can be sued for breach of contract, if the site can prove any damages based on your cheating. I found that answer here on Law.SE and they didn't provide a source so I can't verify if it's true.
Depending on the jurisdiction, intentionally accessing an online web browser game using a bot in breach of the terms of service for that game may be a computer crime such as 'unauthorised access to a computer system' (especially in the United States). Selling the bot (or access to the bot) would constitute a conspiracy, aiding and abetting, or some other form of accessory liability (i.e. both you and your customer would go to prison).
