I pressed the issue of trying to recover recently purchased account assets, which was bluntly rejected. I was utlimately given the address to their legal department after repeatedly complaining about monetary losses. I'm sure they expect me get nowhere, but I am strongly considering a lawsuit for the thousands of dollars of virtual item purchases that I recently made in the RMAH and now have lost. Does anybody think I have a chance of winning? I left a message for a lawyer this morning, but I'm not sure if they will consider this to be a legitimate case. I will need to get past a huge Blizzard TOA roadblock, which is that Blizzard claims to retain ownership of all virtual items purchased in the RMAH. I'll need to find a loophole argument against this that gives me at least partial ownership.
Is a lawsuit against Blizzard valid?
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I actually neevr figured the bot would get me perma banned without warning. I was using it to level to paragon 100, not to make money. The account was flawless. I had perfect gear and level 100 paragon characters. The only problem was having used a bot to log enough hours to reach maximum paragon levels. If I had been trying to make money and had actually done so, I would consider myself to be ahead overall and easily move on. I would not expect Blizzard to be harsh enough to outright perma ban for automated leveling. This doesn't really hurt anyone. Unfortunately, Buddy Bots has pissed them off pretty bad by eluding the detection software, and Blizzard was just dying to take out their frustration on anyone using their products. Magic find bots I ran years ago for Diablo 2 never got me perma banned. I was caught 4-5 times, and Blizzard issued a maximum suspension of 60 days. The worst thing that ever happened was having the bot lag out and kill a few hardcore level 99 sorceresses. Blizzard seems to have changed since I last dealt with their botting policies. However, this in neither here not there. I do have plenty of money to sue, and I would do so just because they laughed in my face and challenged me to go ahead and try. I would be content just break even and cost them time and money...hell, I would even pay within reason for such a thing. This is terrible customer service considering all the money I have paid them in the past, including monthly WoW fees and server transfers. They have blown me off and treated me like some random hacker, whose money they apparently don't care about. If I was such an enemy to them, why would they even allow me to buy another Diablo 3 account or let me keep my World of Warcraft account? They won't even offer reasonable dialouge. I have only gotten generic replies, followed by a reference to their legal deaprtment after they got tired of me trying to have a real conversation with them. "Go ahead and try suing us." ??? ...yes, I would very much like to do that. KK thx.
Man, what are you smoking ? You botted and got banned. Now you wanna go sue blizzard for it ? Are you for real ?
Just cus in diablo 2 you haven't benn perma banned doesn't mean they couldn't do the same. You knew about it, the moment you pressed start button on Demonbuddy. Being angry about getting ban is one thing but wanting to blame blizzard when you are at fault is fucking dumb. Just because someone have better car then me doesn't mean i can go and steal one, and then blame the person who had better car. Where is a logic in it ?
Rules are rules. You cheated and got punished. Next time either play fair like others or be ready that you can be kicked in the butt for cheating.
Just cus in diablo 2 you haven't benn perma banned doesn't mean they couldn't do the same. You knew about it, the moment you pressed start button on Demonbuddy. Being angry about getting ban is one thing but wanting to blame blizzard when you are at fault is fucking dumb. Just because someone have better car then me doesn't mean i can go and steal one, and then blame the person who had better car. Where is a logic in it ?
Rules are rules. You cheated and got punished. Next time either play fair like others or be ready that you can be kicked in the butt for cheating.
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Eisenberg
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Its either troll, or thread starter is retarded. Why does he even ask such questions on botting forums, rather than adress it to good lawyer ? Furthermore, there was plenty of bans before recent banwave, therefore blizzard d3 banning policy was well known, so it shoudnt be surprise for anyone that first ban is perma.
blista08
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You have no legal case. You violated their TOS/EULA and you were banned for that action.
Blizzard never has specified that the perma ban is their preferred method for dealign with botters. The way that they handled this banwave goes against the warning system pyramid clearly explained on their website. Since they have decided to take a new, harsher stance against botting, they could at least allow for some form of asset recovery the first time they ban you. Even if the asset recovery was minimal (limited to the last few purchases), this would be lightyears ahead of the blowoff method they used to deal with me. Had they talked to me like a human being and not dangled the address to their legal department in front of my face, I would have taken this a lot better. If they think they can pull their big company tyranny bullshit and challenge me to try do anything about it, I'm at least going to make them regret it a little bit. It may not amount to much, but even costing them money in legal fees should make them think for a moment about how they treat customers who have supported them with a relatively large amount of money. It's not much different than how we are willing to take money behind the scenes from various foreign countries, but we will swoop in to destroy them at the drop of a hat...such a hypocritical relationship. I hope to at least cost Blizzard as much as I've given them, for a shallow victory. If I self-represent in a small claims court, I won't even have to spend any money to accomplish this.
Are you a lawyer? The TOS/EULA is not the law regarding finacial issues. This involves a financial technicality that goes beyond gameplay issues. When you get real money involved in a situation, this takes the situation into the realm of civil law and leaves it to a judge to decide what is fair or unfair. If a judge takes offense to Blizzard's experiment with using a Real Money Auction House, then yes, I probably do have a case. I have real money at stake in the account, but I am not protected as long as Blizzrd reserve the right to shut down the account at a whim. This sounds like a legal technicality to me. If the Real Money Auction House is only borderline legal (which I believe even experts will say that it is), and Blizzard's TOA can be shown to be unfair to gamers through a financial techinicality like this, then it really doesn't matter what the TOA says. I also know that civil court judges do not generally favor big companies that use their weight against the little guy. I have enough evidence from my help tickets to prove that they have resorted to this type of mentality.
Assuming you're not a troll...then go for it! You obviously don't need any convincing as you are quite good at convincing yourself.
Hopefully someone will help you re your first post but I doubt many have considered this path so you are probably the first.
Good luck.
Hopefully someone will help you re your first post but I doubt many have considered this path so you are probably the first.
Good luck.
And here is another one for you to show the foolishness of the logical conclusion of what you are saying: If I were to invent, lets say, a robot that could physically play the game for me, could someone honestly say its wrong to let the robot play? Should we be required to badge in every time we use our account each time we play to prove that no third-party whatsoever? Obviously not! So the issue in not about letting a third-party program play the game for you, it's about running software that could be considered "malicious" to gameplay. This is a subjective concept, and Blizzard would need to prove exactly how my using a bot to level was malicious, which they would be hard-pressed to do. This is how to look at it from a civil point of view instead of just saying that if it's in the TOA, then it's law. Blizzard has become the judge, jury, and executioner in deciding that I violated their TOA, and therefore they have the right to perma ban my account at a whim. They may have the right within their own little world, but that does not mean that what they did was legal, especially considering the monetary value involved here. To draw another logical conclusion out of yor silly legal advice, Blizzard could say in their TOA: You may not eat carrots while playing the game. If you eat carrots while playing the game, we reserve the right to ban your account. Ok, so then I eat carrots while playing knowing that Blizzard might try to ban my account. However, if they do catch me and then actually go ahead and ban the account, I can sue them and a judge woudl have to decide whether the whole scenario was fair and reasonable in the first place, regardless of the TOA. Did the TOA create an unfair situation for the consumer. Clearly, yes (in the carrot case). I win, no contest. Obviously, I don't get to fight about eating carrots but about the subjective term "malicious", about Blizzard's degree of penalty, and about whether a loss of financial assets was fair to the consumer. The TOA is not the law and does not dictate what is fair in civil court. This is how the law works. If you think Blizzard is the law, then clearly you need to be working for their Account Services with the rest of those idiots.
lern to use paragraphs before you even try to sue someone.
and there is no warning pyramide, they clearly stated,
that violating their TOS cann lead to a suspension and even up to a permanent closure.
you exploited a virtual economy, and therefor you will have a hard try to find a civil court judging against blizz, still depending on laws in your country aswell.
anyway i guess a judge (if it really comes down to a court date and they do not just decline the case, again depending on local laws) will argue that you joined a community, with it?s own economy and exploited it, resulting in losing all your claims, may it be to get your license reactivated or any financial refund for AH activities.
anyway in the end all these whiners, are just pathetic - if you bot, you take a risk, blizzard has no obligation to warn you or anything else... so whining at blizzard or whining at the buddyteam like some people did is just so ridiculous. If you can not handle the result of botting (which is a ban sooner or later) then do not bot at all and join your local carebear club!
and there is no warning pyramide, they clearly stated,
that violating their TOS cann lead to a suspension and even up to a permanent closure.
you exploited a virtual economy, and therefor you will have a hard try to find a civil court judging against blizz, still depending on laws in your country aswell.
anyway i guess a judge (if it really comes down to a court date and they do not just decline the case, again depending on local laws) will argue that you joined a community, with it?s own economy and exploited it, resulting in losing all your claims, may it be to get your license reactivated or any financial refund for AH activities.
anyway in the end all these whiners, are just pathetic - if you bot, you take a risk, blizzard has no obligation to warn you or anything else... so whining at blizzard or whining at the buddyteam like some people did is just so ridiculous. If you can not handle the result of botting (which is a ban sooner or later) then do not bot at all and join your local carebear club!
Whether I convince myself or not, if a lawyer takes the case, then I obviously have a shot. I'm sure a lawyer taking the case will be based upon an argument similar to the above stated logical reasoning. People have sued and won lawsuits using far worse arguments than this. I can at least give it a try, and it just might be worth the effort.
yes your carrot analogy will convince the judge - definetly
baning accounts for cheating, boting, hacking is as old as online gaming.
it is not something blizzard invented!
have fun with your carrots and robots at court...
Actually, they do have a link to a page that shows how they "typically" go about warnings that lead to banning. It normally goes 24 hours, 48 hours, 72 hours, 30 days, 60 days, perma ban. Perma ban is by far the maximum penalty, and is several degrees above the minimal penalty. They just skipped right to the top of the pyramid...not very fair.
While you are doing this, could you get my Ibot24/[email protected] account back?
No you can not sue them for this. No mater how much you spend on your account. And it sounds like yo got the money, so just buy a new lvl 60 char with paragon lvl 100. Only cost like 1000 euro.
No you can not sue them for this. No mater how much you spend on your account. And it sounds like yo got the money, so just buy a new lvl 60 char with paragon lvl 100. Only cost like 1000 euro.
The carrot analogy was intended to poke fun at how stupid the others persons logical argument was. Taking logic to a rediculous conclusion shows that the logic path was faulty and deceptive because a negative term like "botting" was used to stir an emotional reaction and make the logic appear to be sound. Bringing a faulty argument to its logically foolish conclusion is a method commonly used in debates. I figured you would realize this since you are smart and posting one-line comebacks on forums and such.
No one wants to read a wall of text.
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