AFAIK EVE has a TOS saying that everything that happens in the game is fictional and that ISK is not real money. Essentially all players have waived their right to complain, although it might be possible for a court to overrule that.
I think plenty of Bitcoiners were trying to have it both ways, telling the IRS and SEC that Bitcoin is not real money while cashing out their schemes on MtGox at the same time. As with any license to steal, this was too good to be true.
