You do NOT own your character. You're paying for access to Blizzard's services, not to purchase a toon. I think that's crap but that's the way it is.Quote:
Originally Posted by 'Sam DeathWalker',index.php?page=Thread&postID=189657#p ost189657
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You do NOT own your character. You're paying for access to Blizzard's services, not to purchase a toon. I think that's crap but that's the way it is.Quote:
Originally Posted by 'Sam DeathWalker',index.php?page=Thread&postID=189657#p ost189657
The only place you can "enfoce" it is in Court. ....Quote:
There doesn't have to be a challenge for a EULA to be enforceable. Just because something hasn't been tested in court doesn't give you the right to ignore it. Until law is overturned or interpreted by the courts it's still law. Even if you don't like it.
Look up "contract of adhesion", thats one possible way to attack the EULA.
http://en.wikipedia.org/wiki/Standard_form_contract
And general contract law requires a signature. If I state that if you reply to this post you owe me $1,000,000 and that your act of replying to this post constitutes a legal contratual obligation would that hold up in Court. Doubtfull as you never signed a contract to prove you agreed to its terms. Makeing actions into contratual agreements well lol ....
Notice adult web sites are now required digital signatures to veryify age. If simply agreeing that "I am over 18" by clicking on the web site access button was a legal contratual obligation then there would be no need for digital signatures then would there?
http://www.abanet.org/scitech/ec/isc/dsg-tutorial.html
See, e.g., U.C.C. § 3-401 (1990) (a person is not liable on an instrument unless the person signed it); see generally U.C.C. § 3-104 (1990) (requirements for negotiability).
If MDY wins in the Court of Appeals its going to make it a lot harder for Blizzard to make claims against addon providers who sell their product. Lets not forget its Blizzard that allows the end users to use the API calls used in the add ons.
The bigger issue is a legal system still in the stone age on the nuances of technology, digital rights and online media. The case against [the application that shall not be named] only proves it with the whole "it copies the game into RAM and therefore it's illegal" argument.
Shrink wrap contracts
Courts in the United States have faced the issue of shrink wrap contracts in two ways. One line of cases follows ProCD v. Zeidenberg which held such contracts enforceable (eg. Brower v Gateway [4]) and the other follows Klocek v. Gateway, Inc which found them unenforceable (eg. Specht v. Netscape Communications Corp. [5]). These decisions are split on the question of consent, with the former holding that only objective manifestation of consent is required while the latter require at least the possibility of subjective consent.
As you can see courts are split as to whether shrink wrap contracts are enforceable. EULA is the same thing basically.
http://en.wikipedia.org/wiki/Clickwrap_license
Except for the 2nd and 7th Circuit all these cases upholding the clickwrap (thats what the EULA is) are low courts with no value. Thus only the 2nd and 7th Circuit is where it is law that ELUA is enfoceable, its a open question everwhere else in the United States.
The OP was about Blizards new policy of prohibiting addon makers from charging for their work.
Please notice the title of the Thread: "Addons free from now on, per Blizzard"
The OP wondered if it was also applicable to 3rd Party Products, such as Keyclone.
To determine if Blizzard has the right to prohibit addon makers (and thus possibly 3rd party software people like Keyclone) from charging for their work one has to look at the EULA.
To determine if the EULA is a legal contract one has to look at contract law.
Gotta love arm chair lawyers...
Sadly... probably not.Quote:
Originally Posted by 'Fursphere',index.php?page=Thread&postID=189732#po st189732
Obviously that is the case.
Are you saying that Blizzard cannot legally prohibit users from using Keyclone because it can be used for other purposes because?Quote:
Keyclone is a stand alone product that is in no way related to WoW or Blizzard or ANY game
THAT has NOTHING to do with the OP...
Blizzard has no right to NOT ALLOW Keyclone to charge for his service.
D-B.com could make some serious money off Blood Pressure Pill adverts on the site. Coming here and reading utter stupidity is enough to put my blood pressure through the roof.
Can we fastforward 2 weeks when this whole topic is forgotten about by generally everyone?
This is just Blizzard's lawyers re-writing their CYA paperwork. The poster above was correct in saying that it's been technically against the Eula/ToS even before this ruling. This is just rewording it to make it more clear and explicit.
Do I agree with it? Not in the slightest. It's just making Blizzard look more elitist.
Do I think that anything much will come out of it? Probably not.
To say that it's wrong to make money off of WoW is just ignorant. Keyclone makes money off of WoW. This website and many others make money off of WoW (to varying amounts through advertisements or donations). WoWhead and other websites make money off of WoW (go figure).
None of this change "currently" effects me and depending on how much they enforce it, may never affect me or the majority of the population. Especially if Blizzard only uses it as a trump card sometime down the road when some addon or specific 3rd party program comes out that starts making decent profits off it (ala WoWGlider reporting 1.5 million in revenue).
Who cares about obfuscated code? Seriously, if you are digging through the code for fun, then good for you but that's your perogative. If you are searching for big bad viruses or naughty code trying to be the e-police, then WHY ARE YOU DOWNLOADING CODE FROM UNTRUSTED SITES!? (Caps lock used for emphasis, not cool factor) If you don't trust the site enough that you have to investigate the code, then your probably getting into something you shouldn't. Again, I don't bother wasting my time looking at the code behind the programs that I download from trusted sites and I don't download addons from untrusted sites. If I want to stare at code, I'll stare at my MB scripts.
And stop bringing up who invented Orcs as an argument. Everyone knows that Jesus invented Orcs way before anyone. He also invented Gnomes too, when he was drunk of course. :)
Edit:
The way things are right now, no they cannot. If you want to get into the "Sky is falling" thought process, the only way that Blizzard could go after KeyClone Legally would be if Blizzard revised their Eula/ToS to make using key replicating software against the rules, changed warden to detect KeyClone and other key replication programs, and THEN having KeyClone modify the program specifically to evade detection by Warden. THEN, blizzard MIGHT have a case against KeyClone. Even then, it's only breaking one of the many arguments that went against MDY in that case.Quote:
Are you saying that Blizzard cannot legally prohibit users from using Keyclone because it can be used for other purposes because
Quoted
Keyclone is a stand alone product that is in no way related to WoW or Blizzard or ANY game
?