Hello Gallo,
there have been no reports that anyone has been banned for multiboxing to my knowledge. Totally ignoring any screenshots from GM conversations, I think it is fairly obvious that Xzin playing to pvp rank 13 in the old pvp system must have had ample GM calls from people who were not happy to be killed by his team.
I know, your question was more specific, 3rd party software. Multiboxing by itself not being a problem, you have to wonder why they would differentiate between a hardware and a software solution that accomplishes the same thing. Wether you use a program to or a real black box and some cables to do something should be immaterial. If any software that plays around with your keyboard or mouse would be grounds for banning, what about Logitech Mouseware? What about Synergy and Co? What about G15 owners?
Certainly, if Blizzard wants to, they can ban you. Anytime, for no reason at all. You and me looking at the EULA and trying to interpret it is not going to be much use since our opinions do not matter, the GM's opinion or his supervisor's opinion matter.
I think the key question is: do you give them a reason to ban you? Are you having a detrimental influence on the game as a whole or the enjoyment of other players? I think you are more likely to get banned by insulting someone either with malicous intent or in jest than for multiboxing, be it with a software or hardware solution.
Lastly, I am fairly sure that due to the nature of multiboxing, it being manual play when the player can actually play himself and the number of players who go for it being insignificant compared to the player population we simply do not warrant any attention from Blizzards side to begin with.
There will be no definite answers that tell you to go ahead, but there are no indications of bans being issued either. Hope this helps. =]
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