Is What Blizzard Did Illegal?

[killajosh]

What he said.

And if you don't believe him contact a corporate lawyer. My uncle is a retired corporate lawyer. Worked for Kodak for like 20 years. I called him last May after the banwave...

I stated my case after he looked up the ToS. He told me to go buy a new battle chest. You give up a lot of rights when agreeing to the ToS, sure, but its all legally binding.

If you think Blizz doesn't have their shit covered, you are sadly mistaken...

 

[BeardsleyMcturbanhead]

Most of the bans aren't bans but suspensions. If your account is suspended and not permanently banned your preorder will still be valid on that account the day it is unbanned. Welcome to their loophole.

 

[Knob]

Once again man, you've clearly never read a real contract.

If you think what you posted above is a "wall of text", you've never seen a real contract.

And if you didn't ever realize that blizz tracks every piece of information you've ever entered into wow, including all the juicy tells you've sent people throughout your time playing, you've had blinders on this entire time.

Blizzard tracks over 400 pieces of personal information on you...And that's not even counting the networking info. If you don't believe me, you can contact Blizzard directly and they'll mail you the information for free. If you want the networking data, that will cost you, but they will send it to you.

Dude I work in real estate, I wish I could get your money before I send you over the papers to sign. Then hit em with the "Oh btw we reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice."

 

[justinny]

Most of the bans aren't bans but suspensions. If your account is suspended and not permanently banned your preorder will still be valid on that account the day it is unbanned. Welcome to their loophole.

Yes but the time is an important in contracts. You can't pre-purchase something for August 30th and receive it a year from now. it's a breach of an essential term of the contract of the arrival time of the product.

 

[justinny]

Dude I work in real estate, I wish I could get your money before I send you over the papers to sign. Then hit em with the "Oh btw we reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice."

right how would that contract term go in real estate or in any business... it wouldn't cause its unconscionable. extremely unjust....

 

[Knob]

Yes but the time is an important in contracts. You can't pre-purchase something for August 30th and receive it a year from now. it's a breach of an essential term of the contract of the arrival time of the product.

You get the game at the time its released, your just not permitted access to there services on the frozen account until your punishment is over.

yeah bro lawyers ruined the world.

 

[Shinyknight]

You get the game at the time its released, your just not permitted access to there services on the frozen account until your punishment is over.

yeah bro lawyers ruined the world.

+1 to this. Absolutely correct. You own the physical *software* (discs, manuals, whatever else is in the box... or the downloaded material, in the case of digital purchases), but the access to their servers, etc. is 100% at their discretion.

Think of it like this: You own a Ferrari. Your license is suspended. You still own that Ferrari — the physical, tangible THING that it is — and you can sit in your garage and stare at it all you want, but you can't drive it anywhere until that suspension is up.

 

[tyman102938]

I think a good way of looking at it, is that you pre order the big fight, we'll say Pacquio vs Mayweather, the fight is August 30th, you pay your cable company, you miss a payment and they terminate your contract, then say you can't have a refund for the fight. Everyone would say that's pretty messed up to do.

 

[justinny]

You get the game at the time its released, your just not permitted access to there services on the frozen account until your punishment is over.

yeah bro lawyers ruined the world.

that is a loophole i can understand. Not being able to refund the game 3 months prior to delivery/release is ridiculous though.its entrapment...

 

[Moobot123]

Blizzard is open to liability. Heres how:

The TOS states "YOUR COMPUTER" Don't believe me read it for yourself.

If I were to download WoW onto friends computer, parents computer, school computer, any computer but my own. I play WOW on that computer and Blizzard scans it. My friend's, parent's, school's, etc. right to privacy has been violated. The fourth amendment to the U.S. Constitution grants them their right to privacy. There computer was scanned without their knowledge or consent.

I would be mostly to blame for using someone else's computer, however Blizzard shares the liability for scanning the PC without verifying the true owner of that computer. Which they have no way of doing.

Also, Blizzard employees are not POST certified police officers. They have no business scanning PC's even with consent. If challenged a court of law would most likely make them stop as peoples right to privacy outweighs there need to catch *****ers.

 

[ozzy1133]

Blizzard is open to liability. Heres how:

The TOS states "YOUR COMPUTER" Don't believe me read it for yourself.

If I were to download WoW onto friends computer, parents computer, school computer, any computer but my own. I play WOW on that computer and Blizzard scans it. My friend's, parent's, school's, etc. right to privacy has been violated. The fourth amendment to the U.S. Constitution grants them their right to privacy. There computer was scanned without their knowledge or consent.

I would be mostly to blame for using someone else's computer, however Blizzard shares the liability for scanning the PC without verifying the true owner of that computer. Which they have no way of doing.

Also, Blizzard employees are not POST certified police officers. They have no business scanning PC's even with consent. If challenged a court of law would most likely make them stop as peoples right to privacy outweighs there need to catch *****ers.

Still, Blizzard's lawyers would argue that you received permission from the owner of the PC to download and play the game on their PC. It was your duty to notify the owner of the computer of the TOS.

 

[Moobot123]

Still, Blizzard's lawyers would argue that you received permission from the owner of the PC to download and play the game on their PC. It was your duty to notify the owner of the computer of the TOS.

It still wouldn't matter. They scanned it, they are still liable.

Its the same as what many insurance companies do in comparative fault states. You drive a car. Someone runs a red light and hits you. He is 90% at fault for running the red light, you are 10% at fault for being on the road that day.

 

[matiebird]

pay with pay pal they will find in your favour as they did not provide the service paid for. it worked for me i was fully refund on pre-order legion

 

[tyman102938]

Yeah, I just put in my dispute via capital one. crossing my fingers.

 

[Knob]

Blizzard is open to liability. Heres how:

The TOS states "YOUR COMPUTER" Don't believe me read it for yourself.

If I were to download WoW onto friends computer, parents computer, school computer, any computer but my own. I play WOW on that computer and Blizzard scans it. My friend's, parent's, school's, etc. right to privacy has been violated. The fourth amendment to the U.S. Constitution grants them their right to privacy. There computer was scanned without their knowledge or consent.

I would be mostly to blame for using someone else's computer, however Blizzard shares the liability for scanning the PC without verifying the true owner of that computer. Which they have no way of doing.

Also, Blizzard employees are not POST certified police officers. They have no business scanning PC's even with consent. If challenged a court of law would most likely make them stop as peoples right to privacy outweighs there need to catch *****ers.

OOOOOO I got it, We all get jobs at the NSA, CIA, FBI, or hell an intern for Hillary. We play wow on some govment puters see what happens!

 

[killajosh]

Blizzard is open to liability. Heres how:

The TOS states "YOUR COMPUTER" Don't believe me read it for yourself.

If I were to download WoW onto friends computer, parents computer, school computer, any computer but my own. I play WOW on that computer and Blizzard scans it. My friend's, parent's, school's, etc. right to privacy has been violated. The fourth amendment to the U.S. Constitution grants them their right to privacy. There computer was scanned without their knowledge or consent.

I would be mostly to blame for using someone else's computer, however Blizzard shares the liability for scanning the PC without verifying the true owner of that computer. Which they have no way of doing.

Also, Blizzard employees are not POST certified police officers. They have no business scanning PC's even with consent. If challenged a court of law would most likely make them stop as peoples right to privacy outweighs there need to catch *****ers.

No, this is wrong. YOU become actionable by installing software that YOU know scans a computer's RAM and processes on another person's computer without express consent by the owner. By giving Blizz permission to scan someone else's computer, you become the responsible party. Blizzard can't be held responsible for an individual's actions. Any court will tell you that.