Update: Diablo 3 Cheater Purge Imminent

Varil

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May 23, 2011
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It probably *isn't* legal, but most people probably aren't willing to go through the legal hoops it'd take to fight it. EULAs and the like are contracts, in a sense, but you agree to them *after* you buy the service, which hurts their legal credibility.
 

Sushewakka

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Jul 4, 2011
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Lunncal said:
The difference is that software companies reserve the right to stop you from using their product, for literally any reason they want, even if you don't break their terms. The difference is also that they reserve the right to change the terms whenever they want without even notifying you. The difference is that those terms in that "contract" are incredibly unfair to the user and are formed in a way that is supposed to be illegal in my country (I don't know how it is in other places). The difference is that you only even get to see this contract after you've paid your money and lost the right to a refund.

I can even name and quote the most obvious law they seem to breaking. (This is UK law by the way, not sure how it is in other countries, but I assume they have equivalents)

Unfair Terms

5.(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.


(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.


(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.


(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.


(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.

...

Effect of unfair term

8.?(1) An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer.


(2) The contract shall continue to bind the parties if it is capable of continuing in existence without the unfair term.

Now, for some reason this law apparently doesn't apply when it's games or other software, but why shouldn't it? It applies to everyone else, it's there to protect consumers, but it doesn't apply here. If there is some legal reason why software doesn't "count" then why haven't we made a new law already? We clearly know these practices are wrong.

As for why I don't go to court, it's because I can't go to court. I don't have tons of money to buy expensive lawyers, and I don't know how I'd go about it even if I did. I just think it's messed up, and wish that more people would raise a fuss about such clearly unethical practices.
Fret not. Under UK (and European law in general) whenever the EULA contradicts consumer rights, consumer rights take precedence. They can say whatever they want in the EULA, the law trumps it.
As a matter of fact, in Spain, the fact that the EULA is introduced after money has already exchanged hands renders it null and void. Both parties still have to comply to several agreed terms, but it holds no legal sway in case of litigium.
 

Rouzeki

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Feb 11, 2009
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Kyaahahahaha kero!

so as entirely suspected, all their talk of it improving security fell to nothing, and they're still having to purge the "offenders"

Hey blizzard, guess what? BETRAYL! you Betrayed your primarily offline fanbase as well as those in shaky internet areas, and like anyone could guess, your primary reason was pretty much an outright lie. we aren't ALL that stupid, y'know.

Remember the offline single player component of your other Diablo games? the one that sat alongside your Bnet Characters you could play on closed?

if you had simply applied that, you'd look a LOT more reasonable right now. not to mention you'd probably have more people willing to play if you just owned up to the fact you don't really have the right to tell us the game can be played alone or not. you would have gotten even more initial sales as well, even IF you couldn't use the same characters.

"people in our online section are hacking the game? they are banned from going online!"

See, done! not that it matters, they are to busy counting their money from the 200 dollar some items on the RMAH...

... ok, serious face time. I was screaming about this game a long time ago, and it WOULD be cathartic for me to see this, but I had a working eye and a brain then and I still do now. Blizzard has no hope of ever taming cheaters. you can't appease them, theyll do what they want. so why create a system that disenfranchises other members of your player base who have been loyal to you? why would you tell them the way they experienced your games doesn't even matter.

That potential years of playing their games don't matter, because it wasn't the way they expected. they had no right to treat the Diablo Fanbase that way. I argue we have the right to call them out on this, because if we don't reprimand them even a little, a lot less gets done, for both sides. the primary concern here is that the things AROUND the game are bad. im not at liberty to say the game itself actually is.

I also still argue, as i did back then, that this is going to speed up the slope we've been on. you know what? blizzard games in general have a good polish. where they mess up is in technical things, like servers and other, outside issues. the core gameplay is hardly EVER entirely dislikable.

Im still shuddering to think of other companies that will try to follow suit in diablo III's step with this terrible "always online for the sake of stopping cheaters". sorry, been playing MMO's for well over half my life, and it being online didn't stop a soul. we know that. id have given you more credit if you had just been honest.

that you wanted to keep everyone online to ensure people would view your RMAH. at least if you had admitted it we could just call you money grubbing scumbags. now that your intention has failed a month in, your essentially leaving us no choice to think of you as Money grubbing scumbags who also insulted a percentage of your own player base, and couldn't even be honest about it. its either that or assume that you haven't been paying attention to World of Warcraft aside from its dollar signs all these years and that your incredibly stupid/ Naieve to think this would work.

And this is the company that has fewer mechanical mess ups then most. ugh... I honestly wish i was at the meetings for this game so i could understand what was going through their heads. if you stop and think about it it just... just... mystifies me.

This may be my longest rambling yet, so im just going to stop here. *shuffles out*