I am not surprised that blizzard lost on the EULA bit. EULA are hardly enforceable by anyone other than the creator and even then its sketchy. The cops are never going to raid your basement because you are using software in a way that was not intended by the creator.

Example in Microsoft's case the EULA says that you cant use windows to help build bombs or weapons.

"SOFTWARE PRODUCT or portion thereof in the design, development or production of nuclear, chemical or biological weapons"

So, there is no law (that I am aware of) that says if I violate a EULA it is punishable by XXX. Why is there no law? Because EULA can be absurd. I can make an EULA that says by reading this post you have agreed to the terms of my EULA that states if you flame me for inaccuracies, I can in turn burn down your house. Thus the agreement that you wont flame me for reading my post.

So, Microsoft and Blizzard do have in their power to enforce their own EULA's with the customers. Blizzard can ban your account, Microsoft can deactivate your copy of windows etc. Anyone that sells software with EULA's and no way monitor or enforce them are pretty much SOL. However like above in the original post, an EULA doesn't grant damages or spell out enforceable law. Just like it doesn't magically grant me the legal use of arson if you break my EULA.


Absurd boat is absurd.