Below is a link regarding some further information in relation to scams for MMORG's, including Diablo 3. As I am working with the ACCC to expand their Scamwatch website, I can tell you that several Diablo 3 scams are in constant use.http://us.battle.net/d3/en/forum/topic/9233943437
You can report your scam via raising a ticket to blizzard, and I recommend you fraps/record all trades for supporting evidence which will assist Blizzard. We (the ACCC and myself) have collected examples from youtube (including Diablo 3) whereby scammers have been caught out, admitted to the scam, and have not had their accounts banned by Blizzard. We aim to publically list these scammers and state the current activity of their accounts, and formal replies from Companies such as Blizzard on the Scamwatch website.
What is a scam? Well, the definition I work off comes from the Australian Commonwealth Fraud Control Guidelines. It is.
“Dishonestly obtaining a benefit, or causing a loss, by deception or other means.”
In the event you are scammed and are not satisfied regarding the outcome, please report the issue via the scamwatch website. Also, report it even if the issue is resolved as we are after as much data as possible, in particular the amount the item was worth (after converting the price of gold to real money). This is important as the bulk of my work with the ACCC is aimed at convincing their senior management that "virtual items" exist and hold value. The EF sold late last year for roughly $15,000 Euro certainly got their attention.
You also have the right to request a refund of the game from your supplier should you feel it is warranted. This is clearly stated in the ACL (Australian Consumer Law) which was passed as legislation during January last year. This means that any supplier of a good or service cannot refuse a refund in Australia (in fact, it is illegal for them to refuse a refund). In most cases this will not be blizzard, but the store you purchased the game from. Should you be the victim of a scam, and are not satisfied with blizzards action, you certainly have the right to request a refund. For more information about the ACL, check the ACCC website, its also got a couple of youtube videos which summarise it.
Ryoka, in answer to your two scenarios, Case 1 = Scam, Case 2 = possible scam, however difficult to prove. In fact, Case 1 has numerous youtube examples of which, we will be showing on the scamwatch website as examples. Particularly where the fraudster has admitted to the scam.
In relation to an aspect of scamming which regularly pops up in Diablo 3 and other MMORG gaming forums along the lines of...is it really illegal....you deserved it..... its not really a scam........etc etc.
Australian law is quite clear in relation to fraud. Any activity of fraud, including a scam, is illegal. With relation to MMORGs, scams are not just limited to the odd axe etc in D3, more elaborate ones include gaining your confidence, getting you to select a link on Skype (cause these guys are ok, thought it would be easier to use voice comms, and you have been farming with them for a while) and ends with you having your bank account cleaned out and personal information stolen.
Organistations including Blizzard would do well to take fraud prevention advice from professionals in this area such as myself and the ACCC by posting examples of current D3 scams on their homepage. This is the most effective method organistaions use today by promoting awareness of fraud to potential victims which prevents and deters fraud/scams.
I hope this information has been of some assistance.