Yes I understand that consent is given, however I do not believe it would matter in court.
A likely outcome would be a court ruling saying scanning of PC's is illegal without probable cause of criminal activity, and that no company should do it. There is no way Blizzard can be sure it is my PC or a friends that I download WoW onto. I can't give Blizzard consent to scan a friend's computer since I don't own it. There is no way for blizzard to verify you are the owner of the PC, therefore the activity would be a huge invasion of my friends privacy. Now if my friend decided to sue. I would be mostly at fault for downloading the game onto my friends PC, but so would Blizzard for scanning the computer without my friends consent. I believe the TOS states "YOUR COMPUTER," which they can't confirm. This opens them up for liability.
Like I said above, peoples right to privacy would outweigh their need to detect *****ers by scanning computers due to the repercussions of information being leaked etc.
I believe there would be no monetary compensation as the court would essentially say the past is the past. You had consent, but from this point on it no longer matters.
There is one issue here that doesn't ring too well.
You are stating that you could have downloaded the game on a friends' PC.
That Blizzard has no way of confirming that you own the computer you download a game and agree to the terms of.
I studied law.
If your friend had knowledge that you downloaded their product to their pc, this would not allow for any repercussion against Blizzard due to the fact that your friend knew you were going to do this and should have read the terms of service along with you before allowing you to finalize the download in order to play the game.
Ignorance is not an excuse. The courts will tell you this. Also, there's the fact that you gave false information so this would not be considered an invasion of privacy.
If said friend had no knowledge or gave consent to your downloading the product and agreeing to their ToS, then you would be in the hot-seat for the so-called 'invasion' due to the fact that you gave wrongful information which, thereby, allowed for the scanning of a PC that you didn't own.
By your doing this, it's kind of like stealing one's identity. In this case, you are using their IP/MAC address to state you are them - falsification of information.
If anything, Blizzard could counter-sue based on that falsification of information and would, most likely, win said counter.
It doesn't matter the argument you come up with.
Either your friend knew you downloaded and agreed to the terms - or they didn't know.
Whether they did or didn't, the outcome is still going to come out in the favor of Blizzard because you falsified information and claimed ownership of something that wasn't yours to begin when you agreed to the Terms of Service.
Blizzard can't be held liable for not being able to confirm whether the computer is owned by you or someone else. It's a world of IP addresses in a situation such as this.
You electronically signed up. That's the bottom line.
But if you were a friend of mine and I saw that you downloaded something to my PC without my permission, you'd have some serious explaining to do.
Then I'd not only delete the program, I'd also delete you from my life as a so-called friend.
The salt in the forums is so real, Morton's could buy stock!
