Take "video game" and "virtual gold" out of it.
Let's say I modify a company's proprietary software and use it to connect to their service, and then bombard their users with spam promoting an unauthorized service against the company's wishes. Let's say I modify AOL's client and connect to their servers and bypass AOL's built-in filters to spam their chatrooms advertising penny stocks and Viagra, and do so repeatedly despite being banned and restricted where possible.
Does that sound like something a company might sue for? Probably not even very controversial.
Hmm, it really isn't so cut and dried though. Say you have a company that offers a service with embedded communications of some sort. Let's look non-gaming and say something like instant messaging through AIM. A user can send messages that are "spammy" and the license holder is quite welcome to terminate their service based on that. Going from the ability to do that to the unwelcome party owing legal compensation for those actions though is a pretty big leap, even if there is a pattern of behavior and even if you can show that it is behavior detrimental to the service itself. Of course you can
sue but that's miles away from getting a jury to deliver anything or even having enough to bring it to that point.
Also, some of that hinges on the idea that promoting gold selling/buying is in and of itself illegal or even detrimental to the service and that
still has no legal basis other than violating the EULA, which itself is a nightmare to enforce beyond right to terminate. Since Blizzard is effectively bound to not even touch the legality of virtual property sales, their hands are a little tied on that front too.
I really don't know and I certainly wish Blizzard the best on this. Still, these sorts of things are awfully tricky from a legal standpoint and when you are dealing with essentially untraceable accounts, even more difficult indeed. We might all "know" that P4H is doing a lot of this activity but proving that is another thing entirely of course. Further demonstrating economic damage is even more a problem I imagine, nevermind getting a judge and jury that understand the issues at stake.
I am speculating rampantly of course and will await the outcome with great interest.