More troubles for Blizzard with WoW

[dojoteef]

Have you guys checked out this Slashdot story. Apparently someone is getting screwed because Blizzard isn't holding up their end of EULA. Here's a post from a slashdot poster that I found interesting:

What a scandal this entire thing is. I just emailed blizzard to voice my disapproval. Here's what I got: Hello, Unfortunately, it is not possible to "wipe" an account or to re-use an Authentication Key for any reason. Once the key is used once and the account is created, that is permanent. This is an intentional security feature to prevent "throw away accounts" being created to harass other users. If you have recently acquired a second hand copy of World of Warcraft from an online auction site or a friend please be advised that Blizzard will not be able to assist you in creating an account with a used key nor can the contact information be fully modified. Please contact the vendor you purchased your copy from and request a refund. As an account cannot be created with a used key the product you have purchased is essentially defective. Blizzard will not mediate in such transactions nor will we provide replacement key information. Please note also that the sale or transfer of World of Warcraft accounts, characters, and/or items is against the Terms of Use - (http://www.worldofwarcraft.com/termsofuse.shtml). Any auctions or ads selling these items may be terminated at any time, along with the accounts linked to such sales. If you know of any auctions or ads violating the EULA and/or TOS, feel free to send the information (link if possible) to our Hacks team at hacks@blizzard.com. Our Billing representatives cannot discuss or modify account information via email. If you require further assistance regarding your account setup, please call our toll-free Billing & Account Services number for personal assistance. Billing representatives are on hand to take your call between 9am and 6pm PST, at 1-800-59-BLIZZARD (800-592-5499). Customers in Australia should call 1-800-041-378. Regards, Nick S. Billing & Account Representative Blizzard Entertainment http://www.blizzard.com/support It doesn't even look like they read my email. This looks like someone (or something) scanned my email for keywords and replied with a standard email.

Though it seems that is in direct conflict with Section 3B of the EULA:

You may permanently transfer ownership of the Game and all parts thereof, and all of your rights and obligations under the License Agreement, to another by physically transferring the CD-ROM, all original packaging, and all Manuals or other documentation associated with the Game, and by removing from all of your home or personal computers and destroying any remaining materials concerning the Game in your possession or control, provided the recipient agrees to the terms of this License Agreement. The transferor (i.e., you), and not the Licensor, 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.

So Darksign, you are the resident legal expert, what's your opinion?

 

[DarkSign]

Im betting that Blizzard would argue that they merely meant that you can sell the CDs and its materials itself...but not the account. Thats the distinction to be made here. So before you make an account with that CD key...sell it.

And unfortunately this is part of the EULA too:

2. Changes to the Agreement. Blizzard reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when .....(read: whenever the hell they want) You have no interest, monetary or otherwise, in any feature or content contained in the Game.

Even if the document contradicts itself, they still have the final say. Pretty standard in this line of work.

The area of law you'd want to look into would be called "assignment." Find similar laws where accounts have been deemed legally assignable...surely there have to be some in all the court cases over EQ accounts.

So WoW is cracking the whip huh? Interesting.