I don't mind silly discussions involving purported "legal" issues by folks who think legal issues can be settled by arguing a lot.

But, I do mind when they do it on FT ...

"Purported"? The OP asked if it is "illegal" or "against airline rules" to sell miles. Clearly, it is "against airline rules" to sell miles, but the legalities are not so clear, and there is nothing "purported," that is a genuine legal issue. Differing opinions have been expressed in this regard, and those expressing them have made plausible arguments in support of the answers they have offered. I find such discussions informative, and I don't know why anyone who doesn't wouldn't simply skip that discussion if they don't. It isn't as though posters have taken the thread OT.

No need to. Two apparently native speakers of English just threw a few grammatical and orthographic punches in the course of their dispute over whether a state government could regulate FFPs. No reason for others to be concerned that they will be criticized for incorrect word choice or spelling.

Sorry for my delay in responding. I will post a series of responses here.

Regarding the fine points of langauge, although I am a native speaker of American, I know very few rules, relying mostly on my sense of language. I think that my usage was correct, subject to my insertion of words which were "implied" but which were not in my post. Here is my "edited" version of my post:
Now, having made that clarification, you might still think my usage was incorrect. I still think it was correct, but I not an expert on grammar.

This post made an excellent point, but might be based on an incorrect assumption.

First, I agree that if you transfer miles, and use them to buy magazines, it would not violate the statute I cited.

Second, I don't agree that you use plain English. You use legal rules of interpretation. But I don't think that distinction is important in this particular discussion.

Third, your post talks about "sales of miles." And the OP also referred to that type of transaction. But, is that really the transaction we are discussing? Focusing on UAL (because that was where mahasamatman has most experience and is the airline I was using for some of this discussion), is there even an option to transfer something like 100,000 miles (not a small amount, but enough to buy a decent ticket) to somoene else? In other words, can a person "sell" miles, and have them transferred to someone else's Mileage Plus account, without having any involvement in whether the miles are used for a ticket or a magazine? [I am not an expert on UAL and will appreciate a good response.]

But, if that option does not exist, then I do not accept that you could avoid liability by "selling" the right to control 100,000 of your miles, this week, and then ordering an award in the name of the buyer, next week.

I agree that based on the positioning of the comma, Stevenshev has the correct interpretation of that one phrase. But that is irrelevant. The statute also includes "ticket" (it is) and "other instrument for passage" which could certainly cover a mileage award.

Boy, there's nothing like a legal wankfest to kill a good, topical discussion.

I know someone who sells his miles all the times, just books trips for others with his account. While it is against the rules, he isn't worried about dropping his soap in the shower.

I think OP is very clear on this. OP's asking about "SELLING" miles. It's in the thread title.

As far as I know, none of the US-based FFPs allows the account holders to sell miles to others. Points.com is the only exception since they have an "agreement/contact" with participating airlines. You can check out Points and find out which FFPs they have this partnership.

What you are describing are not "selling" miles.

Airlines can sell miles to individuals/business but per their FFP terms, the individual account holders cannot sell their miles to other parties.

As far as UA is concerned, one can transfer/gift/give miles to another party by paying UA the transaction fees. One can also buy miles from UA directly (w/ an annual cap though).

Whichever option you go for, UA collects the payment/money. In other words, the airline is the "dealer." You can check out Mileage Plus Transfer Miles or Buy or transfer miles for details.

The bottom line is airlines allow the miles transfers through them directly (w/ the exception I mentioned above). Airlines pocket the money/fee. That is different from what OP's asking, i.e. the individuals selling miles (P2P or via brokers) and accepting money/payment.

Last but not least, FT is not the court of law. I do appreciate the legal clarifications earlier on in this and other recent MilesBuzz! threads (such as the class action suit & is XXX program legal). I really DO. Our savvy FTers and resident lawyers always teach me a thing or two to be a smarty-pants.

However, I am losing interests in reading this thread at this point for the following reasons:

1. I am just an average Joe/Jane, using English as a second language on FT. I don't know how the legal language/strategies/tactics benefit me as a "normal" FTer who can use miles without violating the FFP terms.

2. If we did have an actual plantiff (I think this is the correct word), who were allowed to discuss the details of her/his case & come to FT seeking legal advice, we might have a game. I recall there are a couple of OMNI Legal Clinic threads OPs are getting good & sound legal advice from our resident lawyers. I don't think Milesbuzz! Forum is the right place to engage in those kind of exchange though.

3. FFPs already spell out all the terms in both bold and fine prints possible. Everyone who intends to use and keep the miles should read and understand those rules. Common sense doesn't need any legal interpretation.

4. For risk-takers (or free spirits) who are willing to jeopardize their FFP accounts by selling miles for cash, they will do it anyway, with or without legal standing.

Can we just stay with a layman type of discussion so the majority of "educated" but average FTers can enjoy and be engaged in?

IMHO, this selling miles topic has been overkilled so far.

So you are saying that since the OP asked about something that doesn't exist, we should just ignore the topic? I don't think so. Reading words that technically would be "too lawyerlike" and would destroy the exchange of information. I think it makes more sense to assume (as did *most* of the posters here) that the person was actually referring to selling award travel.

Personally, I find more than 99% of what is posted on FT to be of little or no interest to me. How do I handle that? The same way most people do. I only read/reply to the topics that *do* interest me.

Indeed. @:-) Otherwise, if we are not to be limited to reality, why not discuss unicorns or ghosts or trolls?

When an OP asks something like whether the sale of FF miles is "illegal," as did the OP here, why do some make a point of posting to say that a discussion of the legal considerations, that is the answer to the OP's question, is not of interest to them? I am puzzled by this, and don't see why they don't simply adopt sbrower's eminently reasonable approach.