My Reply from blizzard

[Leggias]

I also quoted the EU rules in my appeal and this is what they replied:

Customer Support cannot provide answers to legal questions.

With regards to your recent account suspension, please note that this resulted from the detection of unauthorized third party software. This behaviour is in violation of your agreements with Blizzard Entertainment, in particular with the Battle.net End User License Agreement, and the World of Warcraft Terms of Use.

This detection is to ensure an appropriate and fair use of the service by all players, and its results indicating the presence, or not, of any such software does not consist of personal information as per the applicable privacy laws.

Any legal questions should be directed via mail to:

Blizzard Entertainment SAS
ATTN: Legal Department
145 rue Yves le Coz
78000 Versailles
France

Please include your contact information (name, address, telephone number) so that they can respond back to you however they will not be able to address any appeals to the action taken.

Any chances that they will actually send me this evidence what they collected against me?

 

[y2krazy]

Any chances that they will actually send me this evidence what they collected against me?

If my limited knowledge on the EU legal side of things is correct, it's far more likely they'll cave and remove the suspension rather than risk divulging their methods and the evidence collected against you. Of course, we may never know if your appeal was real or if you're just another new user trolling the forums unless you provide the community with solid evidence of your process, the discussion between both parties, etc.

 

[Snotya]

Any chances that they will actually send me this evidence what they collected against me?

They collected evidence against your wow character. Despite all your role playing, YOU are NOT your CHARACTER .

 

[BlackBolt]

They collected evidence against your wow character. Despite all your role playing, YOU are NOT your CHARACTER .

That's like saying you are not the poster who just typed that.

 

[Aion]

They collected evidence against your wow character. Despite all your role playing, YOU are NOT your CHARACTER .

They apply penalty to the account holder, not to the account itself. If your statement was true, then they had to provide you another account to play on, lol!

 

[eigoteacher]

They apply penalty to the account holder, not to the account itself. If your statement was true, then they had to provide you another account to play on, lol!

If that was true, you wouldn't be able to make another account because they banned you for 6 months. They penalised the account.

 

[Aion]

If that was true, you wouldn't be able to make another account because they banned you for 6 months. They penalised the account.

Reread what I have quoted, to get on the topic.

Its contract: You buy one license to play certain game - its materialized into single account, you can access to play it. When you break parts of the contract, they apply penalties, related to the contract, so the penalties are on yourself, related to the account, which do represent this contract.

That is the reason why, when the account gets hacked and it is used for cheat in any way, then gets banned, they do lift all penalties, as long as they can confirm, that the owner was not in procession of the account in the time of violation.

So the above confirm, that the account holder is actioned, not the character ingame ^^

And yes, if you are commited into severe violations of the Blizzard rules, you are booted out of the game and can get banned on all accounts under your name, your subnet etc. It had happened before, quite a few times.

 

[johngeorge]

lets all write letters better yet show up at their door! lol

 

[thebrodieman]

That's like saying you are not the poster who just typed that.

And toasters don't toast toast, toast toasts toast.

 

[eigoteacher]

Reread what I have quoted, to get on the topic.

Its contract: You buy one license to play certain game - its materialized into single account, you can access to play it. When you break parts of the contract, they apply penalties, related to the contract, so the penalties are on yourself, related to the account, which do represent this contract.

That is the reason why, when the account gets hacked and it is used for cheat in any way, then gets banned, they do lift all penalties, as long as they can confirm, that the owner was not in procession of the account in the time of violation.

So the above confirm, that the account holder is actioned, not the character ingame ^^

No, you don't understand. Read the terms.

No Ownership Rights in Account.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A BLIZZARD SYSTEM, INCLUDING WITHOUT LIMITATION ANY BNET ACCOUNT OR WORLD OF WARCRAFT ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BLIZZARD.
Account Suspension/Deletion.

BLIZZARD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY BNET ACCOUNT OR WORLD OF WARCRAFT ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or the EULA.

No actions are made against the account holder. They are made to the account. It doesn't say they are suspending you.

 

[Aion]

No, you don't understand. Read the terms.

No actions are made against the account holder. They are made to the account. It doesn't say they are suspending you.

Hehe, you seems to refuse comprehending the basics of some legal fundamentals. It is up to you, the power of the free will to stay uneducated!

 

[eigoteacher]

Hehe, you seems to refuse comprehending the basics of some legal fundamentals. It is up to you, the power of the free will to stay uneducated!

Right. Name of the law you are referring to please?

 

[pontius001]

The problem with all of this is the way Blizzard is handling it. They lost a court case, so they ban all the people they think used HB. Then, they ignore all of the tickets created stating they have evidence. And people keep going on about the legality (which has me curious as we know Blizzard and Activision have no problems doing from the court cases they lost in 2006) of the way Blizzard obtained their data concerning who they think used HB or how it was (as they call it, illegal which I disagree with this term) that HB users violated the ToS and EULA for botting.

I have submitted multiple tickets of being hacked before the ban and each one has had a generic/automated reply. Even after going through the process of getting my account back (3 tickets to get this done by the way) from the hack to the ban (currently on ticket number 5 on this one). (Funny how none of the accounts I have which did not get hacked are not banned or should I say suspended.)

 

[Tier539]

My reply from blizzard:

 

[zepwin]

Lol@ All these kids thinking they have any sort of legal standing in this, or have any knowledge of this just because they know how to copy/paste from an article and another thread.

 

[eigoteacher]

Lol@ All these kids thinking they have any sort of legal standing in this, or have any knowledge of this just because they know how to copy/paste from an article and another thread.

The only thing I am doing is reading through Blizzard's terms and the laws that people are citing. If anything I say is thrown out because I am not a legal expert, then anything they say is also thrown out, leaving Blizzard on top by default.

 

[Res03]

So after 4 years they magically figured out who was botting and used it for good PR to counter all the "Blizzard only cares about money" comments..... THey definitely bent or broke some privacy laws.

 

[frosticus]

And toasters don't toast toast, toast toasts toast.

guns dont kill people, bullets do

 

[eigoteacher]

So after 4 years they magically figured out who was botting and used it for good PR to counter all the "Blizzard only cares about money" comments..... THey definitely bent or broke some privacy laws.

Nope, they didn't.

Here's the main law that people are using to try to challenge Blizzard. EUR-Lex - 31995L0046 - EN

Let's see what the point of the law is:

1. In accordance with this Directive, Member States shall protect the fundamental rights and freedoms of natural persons, and in particular their right to privacy with respect to the processing of personal data.

The definition of personal data according to the law:

(a) 'personal data' shall mean any information relating to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;

Not covered under personal data: information about a third-party program accessing WoW, the reason for your banning, the method of determining the banning

But what about consent?

In the law:

(30) Whereas, in order to be lawful, the processing of personal data must in addition be carried out with the consent of the data subject or be necessary for the conclusion or performance of a contract binding on the data subject, or as a legal requirement, or for the performance of a task carried out in the public interest or in the exercise of official authority, or in the legitimate interests of a natural or legal person, provided that the interests or the rights and freedoms of the data subject are not overriding; whereas, in particular, in order to maintain a balance between the interests involved while guaranteeing effective competition, Member States may determine the circumstances in which personal data may be used or disclosed to a third party in the context of the legitimate ordinary business activities of companies and other bodies; whereas Member States may similarly specify the conditions under which personal data may be disclosed to a third party for the purposes of marketing whether carried out commercially or by a charitable organization or by any other association or foundation, of a political nature for example, subject to the provisions allowing a data subject to object to the processing of data regarding him, at no cost and without having to state his reasons;

(33) Whereas data which are capable by their nature of infringing fundamental freedoms or privacy should not be processed unless the data subject gives his explicit consent; whereas, however, derogations from this prohibition must be explicitly provided for in respect of specific needs, in particular where the processing of these data is carried out for certain health-related purposes by persons subject to a legal obligation of professional secrecy or in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms;

What is "processing data"?

(b) 'processing of personal data' ('processing') shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

What is the law's definition of consent?

(h) 'the data subject's consent' shall mean any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed.

In other words, you gave them consent to handle your personal data by agreeing to their terms (but remember, scanning your computer is not legally considered personal data).

What if it was considered personal data anyways?

(41) Whereas any person must be able to exercise the right of access to data relating to him which are being processed, in order to verify in particular the accuracy of the data and the lawfulness of the processing; whereas, for the same reasons, every data subject must also have the right to know the logic involved in the automatic processing of data concerning him, at least in the case of the automated decisions referred to in Article 15 (1); whereas this right must not adversely affect trade secrets or intellectual property and in particular the copyright protecting the software; whereas these considerations must not, however, result in the data subject being refused all information;

Their method for detection is a trade secret. Telling you the method of detection would allow people to bypass the detection and therefore adversely affect their protection of their game. They are protected by the privacy law.

 

[rustycage]

Eigo just runs from topic to topic repeating his misinterpretations of not only the law, but the issue at hand. There seems to be as many blizzard fanboys here as there are on the battle.net forums.