tubajedimr
New Member
- Joined
- Apr 6, 2010
- Messages
- 441
I am an attorney and this is incredibly stupid.
Spyware isn't "illegal." Some states may have laws that deal with the repercussions of the spyware, such as data leaks or hacks, but no. Just no.
There are 2 acts in congress which makes utilizing the data illegal, but they banned you from a game, where they say not to use 3rd party hacks. Its completely reasonable for them to make attempts to ban people that break those rules.
But go ahead buddy, pay a retainer to some lawyer "to sue" blizzard. Btw, what are your damages? You cant pay for something anymore that you dont legally own?
Thanks for the derogatory tone. I was trying to offer valid information. But regardless, Blizzard has already been taken to court previously over Warden being spyware, and they lost. There is a precedence set here.
I don't actually believe you are a lawyer. The damages are an invasion of privacy and a lawyer would clearly understand this. And in this case, the invasion of privacy of millions of subscribers. By the way, some forms of spyware ARE illegal in the U.S., so I again assert that you are not a lawyer.
Spyware that you "agree" to is not a legal issue within most jurisdictions. But if you are unaware of or have not consented to the installation of the software in question, it IS illegal. Just because it goes largely un-prosecuted, or is largely ignored, doesn't mean it's not against the law. And most of the times these things ONLY come to light when someone files a lawsuit.
On top of all of this, I wouldn't sue for "damages", I would file a cease and desist under an injuctive relief. Blizzard doesn’t inform their subscribers that when installing the game and running it, that they are also scanning your computer for hack/bot software, (if they are doing this). This would amount to a deceptive trade practice and/or invasions of privacy. I have a right to my privacy and while Blizzard has a right to protect their investment, they do NOT have a right to invade my privacy to do so and if they did intend to do so, they are legally obligated to inform their user-base prior to installing their software that this is their intention.
http://www.spamlaws.com/spyware-laws.html
http://us.blizzard.com/en-us/company/legal/eula.html
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