a EULA is technically just a fancy wall of text in which you promise not to use the product the EULA is for in a manner that is illegal as defined by the terms of the agreement.Terminalchaos said:Then what type of document is it? Why would they even bother making a Eula if it wasn't at least partially binding? Now I really wish I knew an Australian lawyer so I could see what they could do tot he guy. If blizzard used a Eula breach for a civil suit why couldn't CCP do the same? At the very least it would keep the guy in court and occupy some $ so it wasn't a complete gain for him (as well as being a deterrent.)
No EULA, anywhere carries any true legal weight.
It is often treated by companies as a contract, but it is not, since usually you do not have the option to preview the contract before purchase, or to even return the product should you not agree to the terms defined in the agreement.
(many PC games and software now have this due to one-time online activation. you can't return them anymore)
And because a EULA does not carry any legal weight, it doesn't need to follow the rules of a contract either. The things I mentioned above would be mandatory in most countries on the planet if a EULA did carry any weight of law.
The reason Blizz got their way was simply that this person was selling a third-party program that interfered directly with blizzard's product and he was making money from it. (it technically was copyright infringement because of how it worked)
What occured here is that a player stole a large quantity of ingame currency (which is allowed) and then sold it to a third party. (most likely a gold-selling website of some kind)
That was not allowed according to the EULA, but I doubt they could use that as a ground for a civil suit against him.
EVE is pretty ruthless in that regard. It's player population (the capsuleers) are essentially hyper-capitalists, willing to do just about anything for money and the ingame governments don't have the power to really stop them from doing it.GamerPhate said:LOL that game says its legal to scam other plays for their credits ? LOL thats lousy hehe. All though we know that sort of stuff is fun, but lol, they encourage it ?
A single capsuleer vessel can take out a conventional fleet many times it's own size with relative ease.
Enforcing law among a group of people who are just about demi-gods with the wealth of entire planetary economies, compared to a normal person that is and you see why enforcing the law isn't exactly an easy prospect.
Add the fact that they technically can't die either and you see why the RP-background very easily accomodates things like scamming and randsoming.
Capsuleers can be bastards because very few things other than more capsuleers have the power to stop them.
An average Level 4 mission-runner will kill more people in a single mission than most single battles in World War 2 have done. Each ship has a crew, especially non-capsuleer ships, which can have crews of thousands.