[Unnamed botting program] PWNT

[Tehtsuo]

Ok so what if blizzard changed there thinking about multiboxing. They change their EULA saying that keyclone/autohotkey/etc can not be used in game. They then go on to sue keyclone and he has to pay $10 million. Would you feel the same way?

If the terms of the contract had changed, we would be forced to agree to a new EULA. Pursuant to the new sections in the Blizzard EULA (specifically, if a new section were added explicitly stating that programs like AutoHotKey and Keyclone could not be used), Blizzard would have the right to collect on damages AFTER the change in contract. The most likely outcome would be that Blizzard would send a cease and decist letter to the makers of the products that violate the EULA. If the product manufacturers decided to ignore the letter, then Blizzard would have a right to collect on damages (again, citing breach of the said EULA).

You're assuming Blizzard would not litigate based on the current incarnation of the EULA, which it could do based on this precedent. It would be a slightly more shaky case, but certainly workable, and very likely enough to cause Keyclone considerable hardship regardless of the outcome.

For that matter, if Blizzard did change their EULA, would you notice? It's going to pop up with the next patch like it always does - is anyone here planning to read it through from top to bottom? It would seem that it might be a good idea now, if they change policy Keyclone could find himself looking down the gun barrel because his users didn't read the fine print.