In her defence, they ARE both breaking the law in your example. ToS are ToS. Now, I agree, there's varying levels of violations (like you say, murder is worse than shoplifting), but in the most literal sense, they are both breaking the law.
Now, performance is also a pretty serious violation due to it being related to making profit off copyrighted content (which will get a swarm of lawyers after SE faster than anything, since SE indirectly profit off the performance because it's in their game). But something that just puts the UI on your keyboard via lighting is harmless for example, though still against ToS. Or someone using a parser to keep track of their numbers to try and improve. Now, RMT however is very destructive, I won't lie.




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