Is What Blizzard Did Illegal?

You gave them permission to do that several times actually, and I bet they actually have it recorded on your account each and every time you did agree to it.

Just because you didn't read the TOS, it doesn't mean the wording allowing them to scan your open processes and RAM WHILE THE GAME IS RUNNING (that part is very important) wasn't there.

And can you provide one shred of evidence that they installed said spyware? Because I'm willing to bet $1000 USD that you can't.

 

I guess they assume everyone bots. So that gives them the right to monitor each player that logs into wow activity's, and collect an undisclosed amount of data on all its users while connected to there servers. Over a period of time, once enough data is collected, they crunch the numbers, and ban a predetermined % of accounts that they have flagged for T.O.S. violation over the data collection period.

 

It's not an invasion of privacy when you agreed to allow them to do their scan by signing the ToS. If you felt like your privacy was being invaded, you should've never agreed to their terms.

 

I'd assume that you/we should all go to small claims court and sue blizzard for $50 plus whatever it costs to get your case heard in court (some prepayment). I'd find it hard to believe that blizzard will send lawyers to wherever you are to save lets say $100, airfare and lodging alone would be over that.

 

You do that, let us know how it goes.

 

The process of monitoring the actions of my system, and/or collecting of undisclosed data on how I operate my system is spyware.

 

It sucks. I've had my account from 2004 in November. All I've ever used the bot for was rotation. I recently switched to Enyo and that's it. Crazy how that would get you banned even when you're there playing.

 

It doesn't matter if you're playing or not. Their rules are extremely clear on this matter. It does suck, but at no point were you not knowingly and willingly breaking the rules.

 

I just have to ask where exactly you obtained a physical copy of Legion to return unopened when blizz does not distribute physical copies of it's media until midnight on the day of it's scheduled release. So you either stole it somehow, or you're lying your ass off for god knows what retarded reason. I'm leaning toward the latter.....

 

LOL I just read T.O.S. I Better call Saul...
http://us.blizzard.com/en-us/company/legal/wow_tou.html

I would have read that about 10 years ago, but its ok they got that covered.

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Changes to the Terms of Use or the Game.

Blizzard reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes to this Terms of Use Agreement will not be applied retroactively. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Blizzard may change, modify, suspend, or discontinue any aspect of the Game at any time. Blizzard may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. The entire risk arising out of the use or performance of the Game (including without limitation the Game Client and manual(s)) remains with you, the user. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this clause containing the Limited Warranty and the clause containing the Limitation of Liability and Indemnity below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth). The entitlement to a replacement or a refund for a major failure is not subject to Blizzard’s option. To submit a warranty claim to Blizzard, please call 1800 041 378 or send to PO Box 544, Pyrmont NSW 2009 Australia. The user is responsible for the costs of returning media to Blizzard.

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But its not in the T.O.S. that I agreed to my privacy to be violated. Its located in the "If you made it this far you can't possibly be getting laid section" of the EULA http://us.blizzard.com/en-us/company/legal/eula.html

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CONSENT TO MONITOR.
WHEN RUNNING, A GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1(C)(ii) ABOVE. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE GAME MAY COMMUNICATE INFORMATION BACK TO BLIZZARD, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) BLIZZARD MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to Blizzard in the event that the Game crashes, including system and driver data, and consent to Blizzard being able to receive this data.

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It's written, and presented to be intentionally obfuscated. I'm sure it wouldn't hold up in court against any Lawyer on TV.

 

Actually, it's very clear in the ToS that you do allow your privacy to be violated. If you have something to hide from them scanning your ram and your open processes, you probably have bigger things to worry about than getting banned from botting.

And if don't think it will hold up in court, go ahead and hire a lawyer and see just how well it actually will hold up. In fact, here's a better idea...

Go read Bossland's latest post in the Legal section on these very forums, you can get an idea just how long these types of legal proceedings can take. You'll notice multiple times how the proceeding are going to be going for "possibly years", and they've already been going for over 2 years I believe.

If you have the funds to fight a company like Blizz for years, have fun. I wish you the best of luck.

 

LOL Topic was Is What Blizzard Did Illegal?

You clearly haven't read the T.O.S your self. Or you would know that its covered in the EULA. Obfuscation, and loopholes. You can throw this TOS, and EULA out the window with a good lawyer.

 

with the ban wave in December a lot of people got their legion moneys back, i got mine back, but they could have changed their ToS to prevent that this time.

 

I have read the TOS, several times actually. Feel free to go through my posts and you'll see 50-100 posts of me quoting sections of it...

And it's clear you've never seen a real contract in your life...All a real contract is is obsfuction and loopholes. How do you think lawyers keep their jobs?

So once again, prove your point. Go get yourself a good lawyer and get them to throw these document out the window. I'd LOVE to see you win a lawsuit against Blizzard that invalidates all their policies. Bossland has been trying to do it for years, I'd love to see you do better.

 

They've always had language in the ToS against refunding pre-sales. It's been there for years.

 

You rent the game from Blizzard. You don't own anything. Blizzard can decide to stop renting you the game at any time for any reason.

There is nothing else to discuss.

But if you paid for Legion, you can file for a chargeback since Blizzard didn't deliver the product.

 

It isn't lawful anyhow. You can't put things that are not lawful in an agreement. If it were ever brought to court, the TOS would be struck down over it.

 

Correct. There are actual state laws in place which protect you as a consumer, etc., and which take precedence over some made up bullshit rules Blizzard comes up with in their ToS.

Blizzard can put in their ToS that you must donate your kidney in order to be able to play the game. Doesn't make it legal.

 

Yeah hidden behind a wall of text.
http://us.blizzard.com/en-us/company/legal/wow_tou.html

Acknowledgments.

You hereby acknowledge and agree that:

A. WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH WORLD OF WARCRAFT. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 7. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, BLIZZARD MAY (a) COMMUNICATE INFORMATION BACK TO BLIZZARD, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY BLIZZARD AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

B. WHEN THE GAME IS RUNNING, BLIZZARD MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY BLIZZARD AGREEMENT.

C. Blizzard may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Blizzard believes that doing so may protect your safety or the safety of others.

D. BLIZZARD MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Blizzard is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.

E. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.

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Yeah they basically admit there really the NSA, So forget the lawyers. Its GITMO or GTFO if I continue down this path lol...

 

Once again man, you've clearly never read a real contract.

If you think what you posted above is a "wall of text", you've never seen a real contract.

And if you didn't ever realize that blizz tracks every piece of information you've ever entered into wow, including all the juicy tells you've sent people throughout your time playing, you've had blinders on this entire time.

Blizzard tracks over 400 pieces of personal information on you...And that's not even counting the networking info. If you don't believe me, you can contact Blizzard directly and they'll mail you the information for free. If you want the networking data, that will cost you, but they will send it to you.