Why Blizzard Cannot Justly Ban Accounts

[drakuz]

I'm. With this guys how to avoid bans part. Be a ninja. Don't be an overt jerk ruining it for the rest. At the same time good luck with that lawsuit though I doubt realisticly that you'll follow through with it.

In the mean time don't get caught. An example of extreme overt beahvior would be speedhacking at MACH 5. Its funny and looks cool, but NOT ninja!

 

[drakuz]

Btw getting caught accomplishes 1 thing. Security gets smarter

 

[naut]

tl;dr blizzard has better lawyers, don't even think that a service comes under the "goods" section... get over your ban.

Since when did a hard copy video game purchased at a retail store become a "service"? I didn't pay 59.99 for a fancy paperweight.

A video game is no different then any other purchase, unless you state an agreement upon the time of purchase waving any rights you may have to ownership, which was not the case and never will be.

The negativity of some people is surprising.. However the first person to say the world was round was thrown in jail. Some things never change.


Edit: As for the "doubts I will actually follow through with the lawsuit".. I think you need to take a better look into what the Better Business Bureau is and does.. my complaint has been filed, I don't do anything more to follow through with. Just await the conclusion of the investigation.

 

[pimpampum]

Since when did a hard copy video game purchased at a retail store become a "service"? I didn't pay 59.99 for a fancy paperweight.

A video game is no different then any other purchase, unless you state an agreement upon the time of purchase waving any rights you may have to ownership, which was not the case and never will be.

The negativity of some people is surprising.. However the first person to say the world was round was thrown in jail. Some things never change.


Edit: As for the "doubts I will actually follow through with the lawsuit".. I think you need to take a better look into what the Better Business Bureau is and does.. my complaint has been filed, I don't do anything more to follow through with. Just await the conclusion of the investigation.

I actually do think there is some kind of reasoning behind your demand, When a person buys a game on a store, that person does not sign any kind of Terms of Use Agreement or anything. And you are on your right to use it; yeah they can ban your account, but you should be able to reuse the serial number you bought in a different account.

A different thing is actually thinking the BBB will take this seriously. Mostly one random employee will call Blizzard, they will talk about the weather, have a COLD coffee and shake hands. And you will never ever receive any kind of follow up on your inquiry.

I kind of like your animosity though. You should directly email Blizzard and tell them all this, and maybe they will give you another license just out of amusement.

 

[Polyester]

Since when did a hard copy video game purchased at a retail store become a "service"? I didn't pay 59.99 for a fancy paperweight.

A video game is no different then any other purchase, unless you state an agreement upon the time of purchase waving any rights you may have to ownership, which was not the case and never will be.

The negativity of some people is surprising.. However the first person to say the world was round was thrown in jail. Some things never change.


Edit: As for the "doubts I will actually follow through with the lawsuit".. I think you need to take a better look into what the Better Business Bureau is and does.. my complaint has been filed, I don't do anything more to follow through with. Just await the conclusion of the investigation.

i cant answer your question as to when, but thats how a lot of video games are sold now. READ THE EULA. it states it in the VERY FIRST SENTENCE that the software is LICENSED and _NOT_ SOLD.

you DO NOT own the software, it is owned by blizzard, you are simply LICENSED to use it if you agree to their terms.

i capitalised the important parts for you to hopefully make sense

 

[plzdontban]

The funniest part of all this is that noone gives a fuck about the bbb. I've often threatened businesses with a bbb report and they laugh and say go for it. Did you check blizzard's standing with the bbb when you bought their game off the shelf? Noone else will either. Bbb is good for hanging a sign in your local shop, that's it. If you want to hire a lawyer to get your 59.99 back, I'm sure you could. That's about as far as it goes though

 

[Jirajha]

Yes, the product (in this case the box and the cd/dvd) is your ownership. The game itself belongs to "Blizzard Activision Inc." as their intellectual property. You just have the right to use it by a licence. Not more then that.


The Information, that you have to accept the EULA as well is noticed on the box and/or if you download it.
To this times, access to the internet is described as one of the human rights in western countries. So you can easily look for the EULA and then decide if you want to accept it or not. If not you are not allowed to use it.

Due to the acceptance of the EULA, you grant Blizzard the right to suspend your account without notice.

7.1 Blizzard reserves the right to terminate the Service without notice (subject to the subsequent stipulations), if you fail to comply with any terms contained in this Agreement, the In Game Policies and/or a Game EULA.

You agree that you will not, under any circumstances: [...] B: Use cheats, automation software (bots), hacks, or any other unauthorized third-party software designed to modify the Game experience, including without limitation, mods that violate the terms of this License Agreement or the Terms of Use;

That's completely legal, sorry.
It's not even a controversial between lawyers, it's a fact that they are allowed to.

My english isn't that great, but I hope it was understandable.

 

[Polyester]

Yes, the product (in this case the box and the cd/dvd) is your ownership. The game itself belongs to "Blizzard Activision Inc." as their intellectual property. You just have the right to use it by a licence. Not more then that.


The Information, that you have to accept the EULA as well is noticed on the box and/or if you download it.
To this times, access to the internet is described as one of the human rights in western countries. So you can easily look for the EULA and then decide if you want to accept it or not. If not you are not allowed to use it.

Due to the acceptance of the EULA, you grant Blizzard the right to suspend your account without notice.







That's completely legal, sorry.
It's not even a controversial between lawyers, it's a fact that they are allowed to.

My english isn't that great, but I hope it was understandable.

this guy gets it.

 

[Giwin]

Empty threats, plenty of noobs in other ban threads saying that they're gonna sue Blizzard pretending to be big yet oddly we never hear from them again.

 

[kork09]

i stand by what i said the eula is complete bullshit and i'm sure there are ways to attack it in a court of law . whether or not YOU would chose to spend time and money for something like this is a different story .
random things which come to mind (without EVEN reading the eula) : not using the game in another way that it was designed to . SURE ! the ah bug which multiplied the gold and people got banned for it . the game WAS designed to be used in that way as it was possible to do it . who am i to judge if that was intended or not unless EXPLICITLY stated so - i simply didn't know about it or i could've thought that was simply a gift from blizzard
auction not being used as an investment vehicle - rofl ! unless you sold the gear you bought at the same price , you've used it as an investment vehicle . the game is actually encouraging you to use it as an investment vehicle and more so due to the fact there are soooo many possible stats on gears (this is how flipping was born ) in many games there are tiers of gears which are very close in terms of stat value making it less possible to flip
and probably many more if i would actually spend time to read it .

 

[naut]

Yes, the product (in this case the box and the cd/dvd) is your ownership. The game itself belongs to "Blizzard Activision Inc." as their intellectual property. You just have the right to use it by a licence. Not more then that.


The Information, that you have to accept the EULA as well is noticed on the box and/or if you download it.
To this times, access to the internet is described as one of the human rights in western countries. So you can easily look for the EULA and then decide if you want to accept it or not. If not you are not allowed to use it.

Due to the acceptance of the EULA, you grant Blizzard the right to suspend your account without notice.







That's completely legal, sorry.
It's not even a controversial between lawyers, it's a fact that they are allowed to.

My english isn't that great, but I hope it was understandable.

Diablo III - Mac/Windows

I encourage you to read that thoroughly.. not once is there a mention of an EULA existing you must agree to.

As for the internet being free.. I fail to see your point in any way.. plenty of products in the market are subpar.. If the consumer purchases this product because it stops working they take it back, the store doesn't say "sorry you should have researched and forums and known it was going to break".

Your logic is very flawed.

Empty threats, plenty of noobs in other ban threads saying that they're gonna sue Blizzard pretending to be big yet oddly we never hear from them again.

As for you.. 2 flame posts in 1 thread? Get that post count up bro!

 

[Bertrand]

Guys why are we even discussing this lol ? Some emo kid got banned and now feeling butthurt, living and wonderland and shits...
Blizzard ToS clearly states they reserve the right to ban any player without any particular reason. That was said somewhere in their Terms Of Service agreement which you accept after purchasing this game. Yes, once again: They reserve the right to ban any player without any notice, nor reason given.

 

[Polyester]

i stand by what i said the eula is complete bullshit and i'm sure there are ways to attack it in a court of law . whether or not YOU would chose to spend time and money for something like this is a different story .
random things which come to mind (without EVEN reading the eula) : not using the game in another way that it was designed to . SURE ! the ah bug which multiplied the gold and people got banned for it . the game WAS designed to be used in that way as it was possible to do it . who am i to judge if that was intended or not unless EXPLICITLY stated so - i simply didn't know about it or i could've thought that was simply a gift from blizzard
auction not being used as an investment vehicle - rofl ! unless you sold the gear you bought at the same price , you've used it as an investment vehicle . the game is actually encouraging you to use it as an investment vehicle and more so due to the fact there are soooo many possible stats on gears (this is how flipping was born ) in many games there are tiers of gears which are very close in terms of stat value making it less possible to flip
and probably many more if i would actually spend time to read it .

theres just no arguing with you.. you even admit you havent even read the eula, but for some reason you feel you can disregard everything it says and everything you agree to simply because you dont think its right? please please please get back to me gloat to me when (lol) you prove me wrong.

 

[naut]

Guys why are we even discussing this lol ? Some emo kid got banned and now feeling butthurt, living and wonderland and shits...
Blizzard ToS clearly states they reserve the right to ban any player without any particular reason. That was said somewhere in their Terms Of Service agreement which you accept after purchasing this game. Yes, once again: They reserve the right to ban any player without any notice, nor reason given.

If you're going to post, at least take the time to read.

You don't sign the EULA upon the time of purchase. You sign it when creating an account.

Therefore my entire point is if your account is banned, you should be able to create another one.

I am not "butthurt" I stopped playing this game other then bots a long time ago. It is simply the principle of the matter. You children need to learn to stand up for yourselves.

 

[JoshYoJoshYo]

If you're going to post, at least take the time to read.

You don't sign the EULA upon the time of purchase. You sign it when creating an account.

Therefore my entire point is if your account is banned, you should be able to create another one.

I am not "butthurt" I stopped playing this game other then bots a long time ago. It is simply the principle of the matter. You children need to learn to stand up for yourselves.

^Butthurt.

 

[Lichd2]

People need to understand that Terms of Service does not = Law. It is interesting that in every other one-time payment game there is an offline mode, therefor, if you get banned, you can still play the game. There is so many new fishy legal things with d3 its not even funny.

But guess what?

Noone with the resources that could do something, gives a shit. So move on.

 

[kork09]

theres just no arguing with you.. you even admit you havent even read the eula, but for some reason you feel you can disregard everything it says and everything you agree to simply because you dont think its right? please please please get back to me gloat to me when (lol) you prove me wrong.

you are bad at reading . i get it . get some reading comprehension lessons and afterwards come back to read again what i wrote

i totally agree with the op in the fact there are always loopholes and online gaming is poorly made in terms of legal aspects where the creator , blizzard in this case can write all the crap they want and abuse it to whatever extent they want (if you let it and don't stand up for yourself) . which is not the case in real world or any other form of seller - consumer relationship.

 

[Bertrand]

I am not "butthurt" I stopped playing this game other then bots a long time ago. It is simply the principle of the matter. You children need to learn to stand up for yourselves.

All hail, the chosen one walks among us !

 

[kork09]

here is another example . eula changes . you pay for the game and at some point you get a new eula . what if you don't agree with the new eula ? can you say ok i don't agree with this and i want my money back .

 

[Polyester]

here is another example . Eula changes . You pay for the game and at some point you get a new eula . What if you don't agree with the new eula ? Can you say ok i don't agree with this and i want my money back .

read the eula

changes to the agreement and/or game.
Blizzard may replace this agreement with new versions (each a ?new eula?) over time as the game and the law evolve. This agreement will terminate immediately upon the introduction of a new eula, and you will be given an opportunity to review and accept the new eula. If you accept the new eula, and if the account registered to you remains in good standing, you will be able to continue playing the game subject to the terms of the new eula. If you decline to accept the new eula, or if you cannot comply with the terms of the new eula for any reason, you will no longer be permitted to play the game. New eulas will not be applied retroactively. Blizzard may change, modify, suspend, or discontinue any aspect of the game at any time. Blizzard may also impose limits on certain features or restrict your access to parts or all of the game without notice or liability.