Unbanned.

explain how they don't apply?
what base do you have for this?

 

This is personal data.

What would "reason for banning a WoW account" be classified as?

From the PDF:

They weren't gathering information about your identity.

Hmm..

They collected information about your account, nothing about you

EVEN IF IT WAS SOMEHOW CONSIDERED PERSONAL INFORMATION:

Blizzard ToU

EU

By agreeing to the ToS, you gave them valid consent. This gives them the right to scan your computer.

 

Are you guys all sending cease and desist letters to McAfee, AVG, Microsoft, Norton etc. etc. etc. for scanning the running process on your PCs as well?

 

I might be wrong but at this point don't they scan your cache to see what all has been run? my understanding is that my personal data from like my bank if I use online banking is stored in my cache as well. If that is the case, let me know if I am wrong, that when cache is scanned they can get into this. I know that in this case they would have to let the consumer know what all was scanned and if any of that info might have been this scan. Is there a way to only look for Wow and maybe a honorbuddy file in said Cache? I have done some looking and I am going off I have read.
If what I think I understand is right then the issue if they used a blanket scan that in turn would be covered due to they would have pull all the info and what used something like a ctrl f to find what they were looking for? just wondering.

 

Completely wrong, for EU at least there is Supreme Court decision about ToU as not legally bound contract. Use the search function on the forum, it was discussed at least once a week in the last year about it!

Plus, any computer program, operating outside its OWN dedicated memory violate the privacy law too. Blizzard was already sued about this in 2006 in USA, and lost the case. Since then they were legally prohibited into scanning the RAM outside their namespace.

Since then, no computer engineer has confirmed witnessing such action from Blizzard, while reverse engineering their games.

 

Damn is there any version of this that might work in the US? I Would try just for the hell of it

 

NO. No contract can supercede the law. There is no means by which they can write a contract that is stronger than the law of any country. And here is a way I can try to place this in the most basic laymans terms because you don't seem to get it from a higher level.

If I sold you a brand new iphone and I took it back from you the next day because I said your money was fake.....what would be your rights under the law?

Would you not have the right to proof that the money you gave was fake? Would they not have to in fact prove that the money presented is in fact the money you gave them? Would you not in fact have the right to know how they differentiated your money from the next customer so as to prove YOU in fact gave the fake money and not Joe Blow?

In it's most basic essence this is what is being proposed and what the law requires. When a company who is paid for a service takes this service away they MUST be able to prove beyond a doubt that there was a reason. NOW as to the privacy issue. You could commit a crime such as rob someone or kill someone but does this give the police the right to just walk into your home and take said evidence without due process? No. They must possess a search warrant and this is the police we are talking about, part of your legal system. The rules are even stronger against companies. If they are in fact not doing this legally by scanning information they have no right to they could be held legally culpable. And the evidence can be considered null and void much the way evidence obtained illegally is not admissible in court. If they obtained the info illegally they can not use it to ban you nor is it in their best interest to try as it exposes them to many lawsuits.

I truly hope this helps you understand because beyond this I honestly don't think you are going to grasp what is wrong here.

So these people are saying to Blizz. Okay, you say you have information that shows I have broken some rule within the game, by way of law, because I have paid you for said service, you MUST prove I have broken the law and show me that it is me who did it and not someone else. You must also show me that you obtained this information lawfully.

This is what it is all about.

Demondog

 

If anything the Tos might and key is might give consent to a search. Only in the US. That I am sure is very grey matter due to a officer of the court over any lvl would have to be the ones that do that.I don't think to be honest it is legal due to with renters they can't just come in when ever they want no matter due to court cases in the past.

But no matter what is written in a contract if it is illegal then it is illegal. I can't hire someone and say if they pick 10 bushels a day they can have sex with my sister. No matter if it is on paper or not, it will be illegal due to prostitution laws.

I don't know a lot about Eu law but I do have a firm understanding of crime laws state side.

 

You gave them consent. Valid consent. The LAW states that you can give them consent to use your personal data.

Do you understand what CONSENT means?

 

Nope. Can't happen under law.

Money already exchanged hands. This acceptance is after the fact. Not part of the initial agreement. This constitutes a degree of pressure.

Also here...

the scope of consent must be reasonably concrete.

If they are going outside the parameters then its null and void.

 

You are so dense.

1. You define personal data as "fill-in-forms-to-contact-you-data." But you do realise that your bank accounts, logins, company info, tax info are all personal data right? By coming into your client side with a detection intent, what's stopping them from extracting other information you deem private against blizzard?

Blizzard can use my Name and Address/Contacts (parts of personal data) to send me promotional activities. That doesnt mean that they can mine my hard disk for bank information and send them to banks to offer me personal loans. Client side. My hard disk, my bytes its mine. My consent is only for them to use them for gaming purposes, not detection/snooping purposes.

2. Do you even know how Consent works? Quoting the definition of Consent will not enable you to understand the context of it in our discussion.
example 1: A minor gave CONSENT to an adult to have (consensual) sexual penetration. - Does this consent supersede state law and makes it OKAY?
example 2: A child/person signs a Slavery Contract, consents the Contract Owner to buy him/her to be used as a slave. - Does this mean that you can own slaves?

Consent must be looked at with the context of the whole. Allowable and fair use. This means that if we open up the connection to allow blizzard to tap into our client side, it is for the service of gaming. Not detection shit.

Similarly, when we are using anti-virus software for a complete PC scan. The intention is to rid the PC of malwares & viruses. Anti virus company cannot use the PC scan report and use my personal details for other intention. (*if that is the case, many of you would've receive promotional offers for porn websites... oh wait didnt that already happened?)

Some will claim, that you are already receiving promotional emails and ads that suits your browsing & shopping habits. Well, there is another consent you gave (maybe when you clicked okay while downloading "freewares," and clicked "ok" while installing them or using online free services (like youtube rips and mp3 converters, or free driver download from repositories, which you gave consent for use of your browsing and shopping habits (by including a small log on your comp) specifically for adwares. Their request for your consent is to mine your browsing and shopping habits, and in turn provide you with ads that are of interest to you. So the specific consent was given for this specific purpose.

last point I want to make. eigoteacher gives you aids.

-

 

Here is a picture of my Doggy. Isn't she cute?

yes that dog is awesome

 

Don't resort to insulting. It just makes you seem like a novice at debating.

I am not defining personal data. The law is defining personal data. Any issue you have with the meaning of personal data is with the law that you are trying to invoke.

I know that those are personal data, but they are not scanning for that data. Therefore, I don't know what point you're trying to make.

This is incorrect. You gave them consent to scan for programs that break their terms. Read the terms that you agreed to. It explicitly states that they can scan your processes for third-party programs. This is valid consent. Read what valid consent is in the PDF about personal data.

Consent is legal in this case as defined by the law. We are not talking about slavery laws, therefore you cannot compare them. We are talking about personal data laws. This is an example of false equivalence. You have committed a logical fallacy.

Incorrect. You gave them consent to scan. Legally, they have the right.

They can if you accept the terms. It's legal.

You didn't give them consent to send you promotional e-mails when you accepted their terms. Read their terms.

It's a sign that you have nothing else to refute my points when you resort to childish antics such as this.

 

Not that i doubt you or believe you.

This is how intrenetz lawyers work. If it doesn't work on 1 person i just cannot think it would work on a multi-billion dollar company.
IF nothing else it is worth the lulz to watch

[video=youtube;KSWqx8goqSY]https://www.youtube.com/watch?v=KSWqx8goqSY[/video]

 

By the way. My son accepted your agreement. He is 11 years old. Can he be legally binded? Oops. Because your agreement is not at the time of payment where my age is somewhat identifiable and you choose to have it after the installation process ai am sorry but my son is not capable of understanding a legally binding agreement so I have a suggestion of what you can do with your contract but I am too much a nice guy to say it here.

 

Ps contracts are like that body part on the rear of your body, almost any company can create something that looks good but some have no other purpose than letting crap out.

PS EIGO....you applying for a job at Blizz because I never seen someone defend them so adamantly,in vain I may add.

I will finish off my input into this topic with this. If Blizz has unbanned an account and its not just a stupid error its because they did something really wrong. My belief is even if they did they would fight it in court where they could put the evidence you need in a mountain of paperwork so high it might collect snow at the top even if given to you in the caribbean. Or they tie you up in so many legal crap your finances will run out before you even find out who you are sueing. This is how they roll.

 

The problem with those types of arguments is that *you* as the *parent* are legally responsible for any agreement your child enters into. So yes your child isn't legally able to be held responsible for any agreements he or she has made but you are. Which is why kids need to be taught certain things in this day and age of "click and agree"

 

Yes and no. Not in this regard. Criminal maybe but not civil. And only to a certain degree.

At least where I am from. We had a similar case here last year and it was ruled the other way.

 

Civil liability read this.

 

Yeah, that was my bad. I should have stated it differs depending on where you are located Though that link *is* very useful for some people. Nice post