The question is, "is it acceptable?" Just to clarify it, Cryptic didn't do anything actionable. EULA or no, there's nothing NCSoft can do unless Cryptic advertised a product with value, like a free trial for a completed game.

But in terms of ethics as opposed to the law, I think they acted unethically and any denial of intention of wrongdoing is a bold-faced lie. We all know that beta key equals game subscription eventually, at least for decent games, Cryptic knew it too.

If they were just looking for people to help beta test, their own forums are filled with people dying to test it with MMO experience that don't have a key yet. It's these people who they wronged the most, as it seems that the surest way to get a beta key is to not be signed up for a beta key.