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03-13-2007, 12:55 AM #16
- Join Date
- Feb 2007
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- Houston
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Re: WTS WOW (2 copies) and 60 priest/warrior
Last edited by GenTrae; 03-13-2007 at 12:56 AM. Reason: edit added more
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03-14-2007, 06:33 PM #17
Re: WTS WOW (2 copies) and 60 priest/warrior
thats retarded. something someone does in an online game should not have an effect on our economy.
Current member of the

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03-20-2007, 09:01 AM #18
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03-20-2007, 09:15 AM #19
Re: WTS WOW (2 copies) and 60 priest/warrior

Diplomacy is the art of saying "good doggie" while looking for a bigger stick.
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03-23-2007, 02:16 AM #20
Re: WTS WOW (2 copies) and 60 priest/warrior
How would the IRS know how much gold I grinded up in WOW or how many Noobs I PwNd in battlefield?
However many I tell em (0$) thats how, just like my tip money from delivering pizza for most of my life. Which, if youre an IRS agent.....is zero.
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03-23-2007, 07:43 AM #21
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03-23-2007, 08:18 AM #22
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03-24-2007, 12:43 PM #23
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03-29-2007, 08:31 PM #24
Re: WTS WOW (2 copies) and 60 priest/warrior
My Take On the "Legal" Issue:
I feel a great deal of concern when I see multi-billion dollar corporations (apparently) signing away JohnnyPublic's civil rights without due process; rights which were previously enshrined in and protected by law. I would like to add the following to any preceding clarifications:
As pointed out earlier, breaching terms of an EULA may not necessarily be "illegal" in no crime was committed (IP theft and piracy aside). But there is a lot of grey area in EULA contract law and unfortunately, there's no clear, cut, and dry interpretation of what parts, if any, of an EULA agreement are applicable and/or enforceable under law.
One of the chief arguments is that consumers are unable to read through and assent to the terms of the agreement before they make their purchase a product with in which the EULA is enclosed and sealed (re: rendered inaccessible). The other major point is that the licensor (Blizzard in this case) cannot provide proof that the licensee actually "signed" any such document. The person playing the game may not be the person who purchased, installed, or otherwise transferred ownership of the product (and its attached EULA) for use. For a contract like this to be applicable, as I understand things, the licensor must be able to provide receipt of the current owner/user's acknowledgement and assent to the terms of the EULA contract.
Another important but murky area includes such factors as jurisdiction (applicability of the EULA under the laws where you live) and the nature of the specific terms being disputed. With that in mind, and if you all will permit me a moment to C.M.A., I do not endorse activities, such as software piracy and the like, that are genuinely "illegal". Most courts will not hesitate to uphold the TOS and EULA agreements that licensees will not pirate the licensor’s intellectual properties. But it is not so clear whether or not if the courts would, from one jurisdiction to the next, consider "transferring" ownership of one's account for a fee, with all its combined assets, as a breech of the EULA if it also includes the software with which it was created/disclosed as part of the sale. The question of "following the equities" needs to be considered on a case by case basis.
Also note that Blizzard's EULA contains such statements as, "The game ... is provided "AS IS" without warranty of any kind," making it follow the Contract of Adhesion form (a contract that is entered into between unequal bargaining partners), and brings into question whether or not the EULA as stated or portions of it is "conscionable". If it is found that it is not, parts of or indeed the entire document may be dismissed in court.
Care needs to be taken when considering what one's rights actually are as in the case of Caspi v. Microsoft Network, in which disputes arose over the billing practices, which were described under the EULA and presented in typical clickwrap form. In this case, the court proceedings took place in MS's home state of Washington, and they ultimately ruled in favor of MS and upheld the clickwrap agreement. Note that Blizzard states its preference for courts within the County of Los Angeles, State of California - its home turf - in section 14g of the EULA document when and where disputes that would not go quite the way Blizzard would like them to in other jurisdictions might arise.
Personally, when it comes to transferring ownership of software and selling one's "time invested" into growing the account's assorted assets, these are two separate items. One’s personal investiture of time is not an intellectual or physical property of Blizzard or any other 3rd party. To my way of thinking, Blizzard has no rights leveraging control over how people market "their time" and that they seek to do so is unconscionable. When it comes to mega-corporations screwing over our civil liberties, I'm all about pushing back and maybe leaving a black eye or two (figuratively speaking).
Thus, if I were transferring the software product and its related accounts at a fair market value (the cost of the product at retail); this value does not infringe upon Blizzard's EULA. If I then attach a value to the time I spent developing the account, Blizzard has no right to stop me from doing so. Those are my hours and I keep or sell them as I please. And since I have not sold any of Blizzard's Intellectual Propeties (Gold, Epic items, characters, etc.), as those were included in the transfer and no breech of the EULA was comitted, Blizzard then should have no quarrel with me.
But that's just my opinion.
Whee! That was fun!
Additional/Supplementary Reading:
For those who are interested, here are some excerpts from some of the material that I drew upon for my comments above:
Originally Posted by Regarding the applicability and/or enforceability of clickwrap EULAs
Originally Posted by Blizzard's acknowlegement that their EULA may not be applicable, under law, in all cases
Last edited by Braidedheadman; 03-30-2007 at 01:14 AM. Reason: Added closing thoughts; corrected spelling and grammar
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04-01-2007, 05:05 PM #25
Re: WTS WOW (2 copies) and 60 priest/warrior
Nice findings and comments Braided... an interesting read.



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