Class Action Lawsuit

[Jacan]

Is it possible to make this a class action lawsuit for intransparent, surprising and incomprehensible TOS and EULA and then force blizzard to refund your prepaid game time, server transfers, game sale etc if they don't unban?

Im currently attempting to file in small claims for about 500$ in prepaid game time on 8 accounts, still waiting to consult with my lawyer in orange county.

here is some interesting info ive found so far..

An EULA is not a contract -- if the software is sold on physical media, it is a SALE, not a LICENSE. Software vendors can write up whatever the hell of an EULA they want, they're just pretending to be in a positition of authority.Bottom line -- EULAs are not contracts. They don't require signatures. Unless a software vendor can prove that a consumer actually read and understood the EULA (which is almost always bound with a SIGNATURE, not a button press on "I agree"), EULAs are worthless as a legal matter. This is why in the court case Softman v. Adobe, he sided with the consumer, whereas if the consumer actually did engage in a real contract, the judge would have sided with the software vendor.

Link about the "first sale doctrine" https://www.eff.org/deeplinks/2009/10/it-s-still-duck-court-re-affirms-first-sale-doctri

Source: http://www.amazon.com/Blizzard-refund-reject-their-terms/forum/Fx2RW8IRFN8JW6J/Tx35E0DQ8WVYU6J/1?_encoding=UTF8&asin=B000ZKA0J6

 

[Teveel]

Good luck because Blizzard have some deep pockets for this shit.

 

[tumult]

Very interesting, Gl to you and please report back once you get some news.

 

[Jacan]

Good luck because Blizzard have some deep pockets for this shit.

by deep pockets do you mean paying off the judge or something so they can win? or just buying an army of lawyers? cuz it doesnt matter how many lawyers they have, coorperations shouldnt be allowed to rob people like that. And i got banned for basically reselling things on the auction house, i didnt even use honorbuddy on the accounts.

 

[15outland]

I support what your doing, about time someone did it

 

[Thepro27]

Yes please report back on this. Would be very interesting to find out what happens. and Orange County.. cool me too!

 

[imdasandman]

Dude you bot, it is against their beliefs and the only thing you ever owned are pieces of plastic. You will get laughed at in any court but go for it champ. Just remember they can and most likely will counter Sue the living shit out of you.

Sent from my SAMSUNG-SGH-I997 using Tapatalk

 

[imdasandman]

by deep pockets do you mean paying off the judge or something so they can win? or just buying an army of lawyers? cuz it doesnt matter how many lawyers they have, coorperations shouldnt be allowed to rob people like that. And i got banned for basically reselling things on the auction house, i didnt even use honorbuddy on the accounts.

And us botters are stealing a gaming experience to its fullest potential to part of their player base too. We dominate the ah, we make it hard for the casual or honest raider to make gold in the game.

All I see is you are butthurt cuz you got caught with your hand in the wrong cookie jar.

Sent from my SAMSUNG-SGH-I997 using Tapatalk

 

[Venus112]

Wow... I see some people here thinks the glass is half empty.

Good luck with this.
If it works, i know what I'll be looking into

 

[thephoenix25]

I generally consider myself to be an optimist, but on this occasion... In my humble opinion, this is doomed to fail. The reason you may ask? The implication that if you won your case is, it would open the flood gates for nearly everyone who has ever been baned to swarm over blizz looking for refunds (and not just WoW players, all the other games they own too). Their legal team would not let that happen and they will fight virilantly to prevent it. Whether you read and/or understand the TOS and EULA is inconsequesial, it is there and you pressed the "I Agree" button. It clearly states that they reserve the right to cancel your account with no prior notice and without a reason. Yes this does seem unfair, but you pressed the "I Agree" button, so whether it is fair or not, isn't relevat.

It is not your "right" to play wow, and it is up to blizzard to set the rules by which they moderated the game. They are not infringing on your "rights" by moderating their game as they see fit, because you can choose not to play the game if you don't like their rules.

If you do a simple google search (I used "I sued blizzard"), you will find case after case of people attempting to sue blizzard for various reasons, also a lot about blizzard sueing rival companies and h*ck/b*t software developers. This alone indicates to me that their legal team is substancial and well practiced in their art. I for one, wouldn't like to find myself on the wrong end of their legal ninjas.

That said, If you plan to take it further. I wish you the best of luck, and hope you come of it unscathed.

 

[Teveel]

Like I said earlier good luck but Blizzard earn billions a year and if you don't think large corporations already rob people I got to ask what planet you have been living on for the past few years.

 

[Jacan]

its funny to see how sooo many people 1. think they know what they are talking about as if they have been there done that when they havent done shit. 2. are botters themselves and are defending blizzard for banning botters (which probably reveals you as a botter who reports botters GJ)
also has anyone noticed that today 1-28-12 blizzard requires you to click I agree to there EULA on there website to access your account? All my banned accounts now have an agreement popup when i try to sign in, EXCEPT the ones that im not banned on.... interesting?

Dude you bot, it is against their beliefs and the only thing you ever owned are pieces of plastic. You will get laughed at in any court but go for it champ. Just remember they can and most likely will counter Sue the living shit out of you.

blizzard cannot counter sue because im not doing anything illegal in real life, but they have robbed me of several hundred dollars.

If you do a simple google search (I used "I sued blizzard"), you will find case after case of people attempting to sue blizzard for various reasons, also a lot about blizzard sueing rival companies and h*ck/b*t software developers. This alone indicates to me that their legal team is substancial and well practiced in their art. I for one, wouldn't like to find myself on the wrong end of their legal ninjas.

ive found several ludacris suits but this one kopp vs blizzard clearly defines what blizzard is as a corporation and they lost to a guy with a free lawyer

Like I said earlier good luck but Blizzard earn billions a year and if you don't think large corporations already rob people I got to ask what planet you have been living on for the past few years.

worthless post. why do annoying, unproductive retards like you even have permission to keep posting?

 

[Megser]

Well, I wish you good luck mate, I believe it's going to be hard though.

 

[thephoenix25]

Good luck dude, I think ya gunna need it, lolz

 

[melikespoo]

Fair play to you my friend, i dont think you'll win but its gotta be worth a shot. Let us know how it goes

 

[ryftobuddy]

So what exactly did blizzard take away from you? Your right to play their game?

How much is this lawyer going to cost you to file this suit? More than $500?

Do you understand what a class action suit is? Have you read every word of the EULA? Have you come up with exact points you find to be "intransparent, surprising and incomprehensible"?

 

[Gentoo]

So what exactly did blizzard take away from you? Your right to play their game?

How much is this lawyer going to cost you to file this suit? More than $500?

Do you understand what a class action suit is? Have you read every word of the EULA? Have you come up with exact points you find to be "intransparent, surprising and incomprehensible"?

Don't try to bring logic into this!

 

[zameek]

sorry but ur gt fail blizzard his billion dollar company to u are nothing

 

[imdasandman]

its funny to see how sooo many people 1. think they know what they are talking about as if they have been there done that when they havent done shit. 2. are botters themselves and are defending blizzard for banning botters (which probably reveals you as a botter who reports botters GJ)
also has anyone noticed that today 1-28-12 blizzard requires you to click I agree to there EULA on there website to access your account? All my banned accounts now have an agreement popup when i try to sign in, EXCEPT the ones that im not banned on.... interesting?

It has been like this for awhile.... It is a random check they make people do(kinda like on websites that make you agree to TOU again after you have the reset your password after 6 months)

blizzard cannot counter sue because im not doing anything illegal in real life, but they have robbed me of several hundred dollars.

yes they can for defamation of character or any other bullshit loophole they want to come up with

ive found several ludacris suits but this one kopp vs blizzard clearly defines what blizzard is as a corporation and they lost to a guy with a free lawyer

Kopp was defending his right because he was the Author and ORIGINAL OWNER/creator/editor OF A WOW GUIDE... you are not the original owner or a creator of anything. You have honestly no legal grounds to stand on. They have the right to cancel/ban your account whenever they deem nessecary in their discreation. You do not have a right or the privlage to play a private corporations licensed software. You do however have the right to a fair and balanced trial but so does blizz and you agreed to their terms they never agreed to shit from you.
A great example of a current lawsuit that is pending RIGHT NOW is what Bossland and crew are contending with in Germany... They are the Owners/programmers/editors and distributors of Honorbuddy/Gatherbuddy. They have a case because blizzard is imposing on their business just in a similar way they did to Kopp. Of course the situation is a lot different.
But you also to need to think about this. Lets say blizz counter sues you for using the 3rd party programmer and labels you as one of HB's dev's/programmers.(loop hole to counter sue for instance(not saying it would happen but they are corp. lawyers and they are ruthless)) blizz wins the counter suit before bossland gets done with his lawsuit... Do you realize the new angle blizz can work on their case against Bossland? That alone would prob fuck his whole case up and it would shut down HB.

You really need to think about the overall implications of what you want to do and how bad you can mess things up not only for yourself but the rest of the botting community.

worthless post. why do annoying, unproductive retards like you even have permission to keep posting?

you call yourself productive? Please go look at all the QQ bitchfest posts you have started... Ty maybe you should not be allowed to post.

 

[Smarter]

Girls, girls, your all pretty, and you all have big tits! Christ. Everyone should be giving him a pat on the back and a good luck ass slap. Anything that torments the giant should be applauded!