Quote Originally Posted by Temor',index.php?page=Thread&postID=74113#post7411 3]However if the other party in the account gives you the original CD's, and relinquishes all information to you concerning the account as per seciond 3b of the EULA, this is FINE.[/quote]

Wrong again, Temor. While I appreciate you editing out the material from your previous post the content that you filled it with is also not quite accurate.

The EULA applies to the HARD media -- that is, the box and the CDs that come with it. What that is saying is that you MAY gift away the CDs and boxed media to a friend if you wish to do so.

The account that is established upon opening the account is governed by the Terms of Use.



Notice that nowhere in the quote you provided was the transfer of the ACCOUNT ever mentioned -- just the materials that come in the box.

[quote]3. Ownership

B. You may permanently transfer all of your rights and obligations under the License Agreement to another by physically transferring the original media (e.g., the CD-ROM or DVD you purchased), all original packaging, and all Manuals or other documentation distributed with the Game; provided, however, that you permanently delete all copies and installations of the Game in your possession or control, and that the recipient agrees to the terms of this License Agreement. The transferor (i.e., you), and not Blizzard, agrees to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer. [/quote]

Quoting the EULA and claiming it applies to the account is a common ploy used by account sellers who are hoping that uninformed users will fall for the supposed "loophole". There is no loophole, and blizzard has been very very VERY clear that transferring an account -- for WHATEVER reason -- is a no-no.


I will cite my source as a blue has posted about this in the customer service forums, but Suvega is waiting to pick me up for work so it will have to wait until I get home. I will edit this post appropriately when I get home.

EDIT: As promised, sources have been cited.
As per [url]http://forums.worldofwarcraft.com/thread.html?topicId=4822673943&pageNo=3&sid=1#44[/url]...
[quote='Auryk
Ok.......so why are accounts being closed if the EULA says that we are allowed to transfer "all of" our "rights" to another?
You are quoting the EULA, which largely governs your use of the actual material that came in the box. Note where it says yopu can transfer the "original media (e.g., the CD-ROM or DVD you purchased), all original packaging, and all Manuals or other documentation distributed with the Game"

The original media is not your account nor your character.

The Terms of Use, which largely govern your use of the software and game content, spells it out pretty clearly in section eight.

"Blizzard does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Blizzard owns, has licensed, or otherwise has rights to all of the content that appears in the Program."

So you can transfer ownership of the box and what came in it, but not of the character(s) you have created while playing. It's a little nitpicky, but there's no contradiction. And of course, why you'd want to transfer the contents of the box to someone else, who would still need to pay for an account, is not detailed.
***Quoted for Turtle***

That really hits the nail on the head, Palehoof. :0)

Shamanous, as Palehoof (and others after that post) have made pretty clear here, you are more than welcome to give away the CD-ROM or DVD you purchased, all original packaging, and all Manuals or other documentation distributed with the Game – as long as you permanently delete all copies and installations of the Game. This would allow them to install the game, and nothing more. From there they would have the option to use the Direct Online Upgrade to gain access to the content.

The above does not, however, say anything about the Account. For that information, you would want to look at section eight of the ToU which Palehoof has already quoted for you.

I think that is pretty cut and dry as to what you are and are not allowed to “gift away” Shamanous, though if you do have any uncertainties, or questions, I would really suggest that you contact our Account Administration Department: (http://us.blizzard.com/support/artic...rticleId=21500), as they are best suited to answer any questions about policy. :0)

The other blue posts in that thread are also informative: http://forums.worldofwarcraft.com/th...=1&pageNo=3#47
Quote Originally Posted by Malkatorix
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Q u o t e:
Ok.......so why are accounts being closed if the EULA says that we are allowed to transfer "all of" our "rights" to another?
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This can cause some confusion from time to time, and what Auryk has said is true. Please allow me to add a bit to this discussion.

You may, in theory, transfer your copy of the game World of Warcraft to another player via this method. You may not transfer characters, accounts, or any other in-game materials via this method. You may not do so, because unlike your physical copy of the game, they do not belong to you.

In fact, the clause directly above the one that you quoted in the EULA clarifies that everything actually of and within World of Warcraft belongs to Blizzard Entertainment:


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Q u o t e:

3. Ownership.

A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Blizzard. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.

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And section 2 of the Terms of Use:



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Q u o t e:
Ownership.
All rights and title in and to the Program and the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Program, transcripts of the chat rooms, character profile information, recordings of games played on the Program, and the Program client and server software) are owned by Blizzard or its licensors. The Program and the Service are protected by United States and international laws. The Program and the Service may contain certain licensed materials, and Blizzard's licensors may enforce their rights in the event of any violation of this Agreement.
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Third paragraph, section three:



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Q u o t e:
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Blizzard.
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And finally, section 8:



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Q u o t e:
Ownership/Selling of the Account or Virtual Items.
Blizzard does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Blizzard owns, has licensed, or otherwise has rights to all of the content that appears in the Program. You agree that you have no right or title in or to any such content, including the virtual goods or currency appearing or originating in the Game, or any other attributes associated with the Account or stored on the Service. Blizzard does not recognize any virtual property transfers executed outside of the Game or the purported sale, gift or trade in the "real world" of anything related to the Game. Accordingly, you may not sell items for "real" money or otherwise exchange items for value outside of the Game.
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I hope that this makes things much more clear.

Does that clear up any confusion, Temor?