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6/20/12 12:55:28 AM#101
Hmmm, this is actually going to be a bigger bite to those who SOLD things using this system. As Blizzard will probably just pass the problem on they are only out by the commision the seller will be the one losing the major percentage. The SELLER is the one who did the Bait and Switch as they knew or should have known in advance that what they were selling was not goint to retain its value.
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6/20/12 12:56:04 AM#102
These arguments can go back and forth into eternity, but the main thing any case will hinge on is how well the lawyers play it out in court. There is no such thing as a perfect case. Hell, in this day and age, you could be caught doing the crime on film and still walk away, or you could be in another country and still get convicted of a crime you did not commit.
So.. what will Blizzard do? Whatever is most cost effective to them. Personally, I hope they miscalculate and go out of business, but that's just me.
Error: 37. Signature not found. Please connect to my server for signature access. |
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6/20/12 12:56:28 AM#103
Whether or not it's a legally binding contract (it is) doesn't matter as much as people think. Breaking the EULA is a matter than can indeed end up in court, but it's tried as a civil matter; i.e., you can be sued, not arrested. What is the likelihood Blizz is going to pull everyone who issues charge-backs, across the country (if not the globe) into court? It's not going to happen. Even with the money they'd have to eat, that's still far less than it would cost them to hire the many lawyers that would take. The most they could do is go after one of the largest culprits in effort to make an example of them, but that would tarnish their image and cause more harm than good. I don't know WHAT Blizz will do to fight back against this, if anything at all beyond simple bannings, but chances are the only thing people are actually sacrificing here is their ability to play another online Blizz product with a credit card in their name. EDIT: Here's a couple of useful links, if anyone actually cares enough to read. I suspect if they did, these kinds of arguments would have never started in the first place, but at least I can say I tried. The second isn't official, but he's correct for the most part: http://www.osnews.com/story/23794/US_Court_Upholds_EULAs_Criminalises_Pretty_Much_All_of_Us "Forums aren't for intelligent discussion; they're for blow-hards with unwavering opinions." |
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6/20/12 12:58:50 AM#104
Originally posted by Praetalus Eula means shit. Goverment's make laws and judges rule all the time against unsavoury business practices. The whole thing is a big grey area and you can bet that new laws and regulations will be made in the near future as this type of money for nothing business grows by leaps and bounds.
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6/20/12 6:50:15 AM#105
To everyone who says: eula is not law!!! Yeah, the poster of above quote knows, he even said it himself.... His question remains valid. Why click agree when you don't? |
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6/20/12 6:53:39 AM#106
Originally posted by Aori They'll probably ban accounts from using future RMT |
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6/20/12 9:29:10 AM#107
Originally posted by Praetalus LOL WHAT? First of all, EULAS mean shit, i can agree in a contract that you can set fire on my house and rape my family if you do you will still go to jail. Second, i cant speak for the law in the US, but in my country i can give up ANYTHING i bought online for 7 days without giving any reason whatsoever. So if i want i can buy 10 million dollars worth of Diablo 3 items today, and tomorrow i can call my bank and THEY WILL HAVE TO give every cent back to me no matter how many EULAS i clicked "agreed". The only thing blizzard can do is ban my account.
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6/20/12 9:40:17 AM#108
Originally posted by TalRasha The answer is "didn't read it" in the overwhelming majority of cases, of course. Hence why they're defeatable contracts... -Nearly every single bad trend in MMO development was started by the developers.--Wordiz |
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6/20/12 10:32:16 AM#109
Originally posted by Icewhite LOLWUT? By clicking that you read and accept the terms you are accepting the terms whether you actually read it or not. As long as the terms don't take away your legal rights as a consumer you are stuck to those rules. |
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Zekiah
 Apprentice Member
Joined: 1/06/07
Hype (noun) |
6/20/12 10:34:23 AM#110
Originally posted by FrodoFragins That won't stop a class-action suit, those "agreements" are very questionable on many levels. BTW, Blizztard deserves everything they get from this debacle. "Censorship is never over for those who have experienced it. It is a brand on the imagination that affects the individual who has suffered it, forever." - Noam Chomsky |
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6/20/12 12:06:51 PM#111
Originally posted by doodphace We understand. You have to understand that LAW is higher than a lowly EULA. There are many cases of using services (such as ski resorts) where tickets have statements about buying the ticket (Like EULA) means the resort isn't liable for damages. Guess what, in a lawsuit, it has minimal effect.
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6/20/12 12:46:17 PM#112
i did find some info on EULAs https://www.eff.org/wp/dangerous-terms-users-guide-eulas en.wikipedia.org/wiki/End-user_license_agreement http://www.insanelymac.com/forum/index.php?showtopic=112611 just 3 sites that give alittle more info on EULA. And to the little reading i did so far some Courts go for it and some dont.
ASUS G74sx |
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6/20/12 12:51:47 PM#113
Originally posted by drgran As stated, it depends on how well the lawyer argues. Keep in mind, while specialized lawyers usually win more, even cheapo attorneys are shrwed enough to come up with an underdog win here and there. The supreme court has not yet ruled on it, but at the rate Diablo 3 is going, Blizzard v "Some Guy" might be that landmark case! Error: 37. Signature not found. Please connect to my server for signature access. |
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6/20/12 1:15:59 PM#114
While I know that people who purchased IAS items on the RMAH made a dumb mistake and it is their fault, I hope Blizzard suffers from chargebacks and the can of worms they have opened with the RMAH. You're wondering what Blizzard does to people who chargeback? http://us.battle.net/support/en/article/chargeback-payment-dispute-instructions If an account's balance is negative, the account is disabled until the balance is repaid. D3 is a huge disappointment and is a regression from D2 and I hope Blizzard suffers for it. They may not suffer anytime soon but they will eventually. |
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6/21/12 9:28:14 AM#115
Actually, I did examine the EULA according to Italian Law as people here experienced major issues with D3 (error 37, predominantly). I wanted to file a class action to begin with. A the beginning of June 2012, I had an informal meeting with the IP court, which was already aware of the D3 issues back (…in Italy, and that's says it all). Anyway, the servers seem running now, therefore a class action would be a total failure, especially in Italy where we do not have punitive damages.
However, most of the EULA are void/voidable as we have mandatory provision in Europe. So if you are from Europe, I think that any European Lawyer should be able to confirm this quite easily. In fact, the part of Italian law governing this matter is just a wrap-up of many EU directives. I am pretty sure that other EU members should have similar pieces of legislation.
On my side, I commented each section of the EULA with some notes (in Italian, sadly). In fact, my Italian friends were so disapponited with D3 at the beginning that I became curious about it. It would be a dream to trump the EULA in front of our domestic authority. I will try that this summer if I have the time.
Blizzard screwed up big time. |
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6/21/12 3:30:46 PM#116
Originally posted by FrodoFragins See that's the thing, they also lowered the type quality and frequency of drops last patch as well, which peeved off my friends and i, even in groups it was almost impossible to get anything worth while and then all the bosses in normal and infernal suddenly didn't drop yellows anymore. Why, all to try to keep the gold farmers are bay, well we saw how well that went, they released all their high end items anyway on RMAH launch day completely flooding the market and lowering the prices to $1-5 each so it didn't work anyway, but they sure did make the game more "fun" for the rest of us huh. |
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namelessbob
Novice Member
Joined: 2/26/04
"The internet is a series of tubes." |
6/21/12 9:06:07 PM#117
Originally posted by colddog04 No, the money comes out of Blizzard's pocket book. |
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6/21/12 9:41:13 PM#118
I still don't understand why people would pay real cash for some items in a "SINGLE" player game?! It is not even a MMORPG! Also, for Blizzard to nerf a single player game is just crazy. It is bad enough to force players play single player game online... All in all, this just leaves bad taste in general. To be honest, there are hacks already to allow players to play D3 without login to B.net. Those who got banned can just play those hacked games. A single player game should be allowed without internet connection isn't it? This will certainly hurt Blizzard in the long run with more people start to play on private server via hacked game client. Not the best, but always the first. |
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6/21/12 9:49:51 PM#119
OK so... what I don't understand? Why is every making a big deal of changes made during an update to an item purchased by a player. I mean... You never see MMO players screaming every time a company makes updates that changes content in an MMO that they pay for (please don't bring up SWG). But seriously, in MMOs, updates constantly change the game that people pay monthly fees for. |
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6/21/12 10:05:44 PM#120
Originally posted by Hituro The problem is that D3 is not a MMORPG. Nerfs just doesn't mix well with item nerfs at cost of real money to obtain. People should understand that game items in a none mmorp game means little to nothing at all. There is no show off factor or raid gear scores in D3, so why pay real cash for those items? Not the best, but always the first. |
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