Addons free from now on, per Blizzard: KeyClone okay?

[Sam DeathWalker]

Blizzard has no right to NOT ALLOW Keyclone to charge for his service.

Well thats settles that. Sorry if I misunderstood, I thought it was possible to make some kind of crazy argument that Blizzard could prohibit its users from using Keyclone (unless Keyclone was free) but as you say they can't then clearly they can't.

[kadaan]

Blizzard has no right to NOT ALLOW Keyclone to charge for his service.

Well thats settles that. Sorry if I misunderstood, I thought it was possible to make some kind of crazy argument that Blizzard could prohibit its users from using Keyclone (unless Keyclone was free) but as you say they can't then clearly they can't.

Yeah, I think you were arguing about KeyClone and Souca is arguing about addons.

Charging for KeyClone = OK
Charging for Addons = NOT OK

[Sam DeathWalker]

Well Fur, I happen to be on your side of this argument, but others have stated in this thread that Blizzard can do whatever they want as you entered into a binding contract as to their EULA when you log into the game.

Well its Souca's move.

[Gurblash]

Keyclone makes money off of WoW.

WoW also makes money off of Keyclone. Every time a new user gets Keyclone, they are getting more accounts as well.

Blizzard is already getting money from a person paying for carbonite, thus getting nothing more in return.

[Sam DeathWalker]

Blizzard is already getting money from a person paying for carbonite, thus getting nothing more in return.

It moves people to the high end game faster and hooks them on the game better (they are less likely to quit if they have a higher level character).

[Duese]

WoW also makes money off of Keyclone. Every time a new user gets Keyclone, they are getting more accounts as well.

Blizzard is already getting money from a person paying for carbonite, thus getting nothing more in return.

True. Blizzard was also making money off MDY's program too.

omg Fur don't smite me! I was just making a little point!

And KeyClone != <Botting Program>

It moves people to the high end game faster and hooks them on the game better (they are less likely to quit if they have a higher level character).

Or makes them get bored because they've already done everything, so they quit.

[Vyndree]

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.

I know I've had to quote this once before when people claimed that "they didn't agree to the in-box EULA/ToU so they're absolved of following it". Probably not the same thing you're arguing, but the quotes are appropriate:
http://www.worldofwarcraft.com/legal/termsofuse.html

YOU SHOULD CAREFULLY READ THE FOLLOWING WORLD OF WARCRAFT TERMS OF USE AGREEMENT (THE "TERMS OF USE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST CLICK "REJECT." IF YOU REJECT THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER FIRST PURCHASING A LICENSE TO THE WORLD OF WARCRAFT SOFTWARE, YOU MAY CALL (800)757-7707 TO REQUEST A FULL REFUND OF THE PURCHASE PRICE. ONCE YOU AGREE TO THE TERMS OF USE AND THE END USER LICENSE AGREEMENT, YOU WILL NO LONGER BE ELIGIBLE FOR A REFUND.

Just because you purchase the EULA encased within the shrinkwrapped product does not mean you automagically sign yourself into the contract. You can still reject the contract and receive a full, 100% refund. So it's still your choice to accept or reject the terms.

[Gurblash]

Blizzard is already getting money from a person paying for carbonite, thus getting nothing more in return.

It moves people to the high end game faster and hooks them on the game better (they are less likely to quit if they have a higher level character).

Eh that's a fairly subjective, and shallow, statement. Carbonite doesn't make everyone lvl faster. And it certainly doesn't do much for them once they are at end game.

[Sam DeathWalker]

Well umm maybe 5 percent faster or less ... Sure helped me level faster as I am new to the game.

I dont see how you run out of things to do; there is PvP once you have beaten all the PvE ...

So it's still your choice to accept or reject the terms

Ya thats a clickwrap what Blizzard is using. As you say you have to accept or reject the terms, you cannot modify them or bargain at all. Thats why its a contract of adhesion.

[Souca]

Lets not forget its Blizzard that allows the end users to use the API calls used in the add ons.

Thank you for agreeing with me. Despite all your arguments on topics of everything but the point, in the end you state my point all along. Blizzard is the one that grants use of the API. They own it, therefore they can dictate it's use. If they had no legal hold over it, then they couldn't allow end users to use it anymore than I could allow someone to live in your house.

- Souca -