Class Action Lawsuit for invasion of privacy should be filed against Blizzard

I used two 7 day trials on old accounts and botted for approximately 16 hours on each account. It is obvious they are scanning everything on our PC's to detect Honorbuddy. We agree to allow them to do this, however I believe it may still be illegal as an invasion of privacy.

A class action lawsuit should be filed on behalf of all WoW players. I look at it like this, the police can't scan your computer, or obtain any files on it without probable cause (in most instances a warrant is required), so there is no way in hell a company like blizzard should be able to. In fact, in many states police can't even ask for your consent to search anything without reasonable suspicion of a crime.

I can't see any US court siding with Blizzard on this issue, as the rights of millions of peoples privacy and personal information would outweigh Blizzard's need to detect *****ers in a simple computer game.

 

Except that u did consent to allow blizzard

 

I know how you feel, but have you read the TOS?

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.

 

Yes I understand that consent is given, however I do not believe it would matter in court.

A likely outcome would be a court ruling saying scanning of PC's is illegal without probable cause of criminal activity, and that no company should do it. There is no way Blizzard can be sure it is my PC or a friends that I download WoW onto. I can't give Blizzard consent to scan a friend's computer since I don't own it. There is no way for blizzard to verify you are the owner of the PC, therefore the activity would be a huge invasion of my friends privacy. Now if my friend decided to sue. I would be mostly at fault for downloading the game onto my friends PC, but so would Blizzard for scanning the computer without my friends consent. I believe the TOS states "YOUR COMPUTER," which they can't confirm. This opens them up for liability.

Like I said above, peoples right to privacy would outweigh their need to detect *****ers by scanning computers due to the repercussions of information being leaked etc.

I believe there would be no monetary compensation as the court would essentially say the past is the past. You had consent, but from this point on it no longer matters.

 

You give up a portion of your "right to privacy" when you essentially sign a contract that states that they may scan your pc. Just like Microsoft, facebook, Google, Apple, and many other companies. If you don't like the fact that these companies do this don't sign up for the service. Like when you rent an apartment, or you get a job, you give consent for them to do random inspections of your apartment, and have random drug tests at work without prior knowledge. Unfortunately this is how things work these days.

 

No one can make an illegal claim in a contract. For instance, Blizzard can't kill me even if I give them consent.

 

Yes, but it needs to be challenged in court. I still can't see any of those companies winning on this issue.

 

In some locations they would probably lose in court, based on some privacy laws in select places, but the time and cost involved makes it impractical to try, and if you are an individual the courts will probably laugh at you over something so minor and the cost/benefit would not be worth it even if you did win.

 

Once again none of these companies can verify I own the PC I am on, therefore violating the true owner's rights.

Fourth amendment of the US constitution. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ---This trumps all as it is the Supreme Law of the Land---

Its a clear civil rights violation.

 

Yes but a court ruling making Blizzard stop would set precedent and would not allow any other companies to do the same.

 

I could care less about the accounts. I just don't agree with their method of detection. It can't be legal, and needs to be challenged. It is a slippery slope, they get away with this what will companies try next?

 

What if your state government said ok now in order to drive you have to sign this contract. We will install this device on your car, and anytime you violate the law we will send the owner of the vehicle a citation? This is what Blizzard is essentially doing.

 

You would have to attack the way in which the TOS, & EULA was presented.

I would start here https://us.battle.net/account/en/creation/tos.html

When I open this page I see "I accept the Privacy Policy" check box, and Create a free account button. No mention that just two inches lower, I'm also accepting the EULA sight unseen.

Not even a wall a text, its a hyperlink. Talk about out of sight out of mind. Don't tell me that's not deliberate.


So If created your account, and your browser wasn't in full screen to see the EULA. Then the next time you see a TOS, or EULA is when you login to the server for the 1st time. Strangely enough they take your money ASAP, and take no actions to inform you of their current TOS, EULA, or Privacy practices at that time. If you do not agree with any of the 3 "walls of text". Blizzard expects you to have found on you own by now, after payment is processed. There is no refuse/Opt-Out reimbursement button now is there? Your expected to contact customer service, and haggle with them to get your money back at that point. Good luck with that lol...

Blizzard TOS


What I signed it with

 

and all of this hinges on the fact that they don't have server side detection... which in that case you have no legal claim to anything, wasted your time and money and look stupid in a court

you can't even claim that because you have no idea what their detection methods are.

 

Except:

CLASS AND COLLECTIVE ACTION WAIVER.
You and Blizzard agree that any arbitration or court proceeding shall be limited to the Dispute between Blizzard and you individually. YOU ACKNOWLEDGE AND AGREE THAT:
A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND BLIZZARD;
THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.

Yeah you agreed to that too. Does anyone ever actually read the EULA, ToU, or ToS? There is a reason you have to agree that you have read it and agree to all the terms and conditions there-in. It is basically a contract between you and Blizzard, and a legally-binding one at that.

You agreed to follow all those little rules, and to let Blizz scan your PC, when you ticked that box.

 

Rip honorbuddy 5/20/16

 

Everything is good!
Filling Class lawsuit is not hard, you can pretend anything - like the obvious: Blizzard break our privacy. OK!

But the hard part comes further.

How can you proof your standing?

Any real, direct or indirect proofs of your privacy violated by Blizzard?

 

Moobot it's a good idea but you have 0 chance of anyone on here backing or agreeing with you. This has one of the worst forum communities anywhere, people are just plain rude and have no time to help people or contribute. HB will die as the moderators also share such an attitude and even with all there tripwire stuff were caught napping yesterday again. All the signs of a Banwave were there and they should've delayed HB until they had fully tested it themselves instead of abusing the community and getting everyone banned. The fact is WoW is dying and the reason people bot is because it's beyond mundane doing the constant grinding. Do yourself a favour and find another game. I for one am happy I received a ban because I didn't want legion anyway.

 

You are confusing two things. The Fourth Amendment deals with how your government can deal with you. So, the government cannot search and seize without probable cause (and certain other exceptions created through case law). It has nothing to do with two individuals entering into a contract with one another. On the US side, you can certainly contractually agree to give up privacy. There is no law saying you can't. Same with the fourth amendment,(though again it does not apply here) you can consent to searches and seizures. I know the EU has different privacy laws, though I do not know how contractual agreements are allowed to alter them. But, in the US, you can agree to give away privacy through a contract. There are of course tons of questions relating to whether boilerplate in TOS are enforceable, etc. However, you would have a long row to hoe to have any hope of recovering anything in this instance.

 

Typical internet user these days...

"Someone should start a class action lawsuit!! Just not me! Someone else do it to prove my point!"

If you think a class action lawsuit should be started, go for it. Noone is stopping you. You'd probably get signatures from a bunch of the community here...

But don't presume someone else should start the lawsuit. If you think action should be taken, stop being lazy and take the action.