Blizzard sells an item in their internet shop. It's named, the "SteelSeries Diablo III Gaming Mouse" (
Blizzard Store). It requires a 2nd party software to run in the background of the game to allow mapping of the multi-macroable buttons from the hardware into the Diablo 3 game. Should this product raise flags for suspensions and bans, just as much as demonbuddy. Blizzard's 2nd party hardware and software seem to be legal in their perspective. This sounds a little like an illegal monopoly. Maybe there is a US antitrust law that can be used against Blizzard, for illegally monopolizing the D3 market? When Blizzard decided to opened up the RMAH, they blatantly opened up a real money economy, which in this case opens the right for any person/organization to compete in that economy. I'm not saying that Botting is an ethical economic method to compete, but even USA corporations outsource American jobs to India & China to import products back to the US show bad ethics as well.
It use to be, "Just a game", but when you involve "Real Money", it's no longer, "Just a game".
Blizzard should be wearing their tinfoil hats!
BTW: I don't bot D3, but have friends who do, and they seem to have lost quite a bit of money from these ban waves. "You are innocent until proven guilty", if you are claimed to have been proven guilty by ban, "You have the right to discovery" where Blizzard must disclose, upon request, all that they intends to present as proof of your guilt. That include details from Blizzard on their method and evidence used to track each BANNED account. This would be a very interesting case; too bad I'm not a licensed lawyer yet.