France threatens Blizzard with legal action

[phantom325]

We previously heard about some Internet Cafe owners in Korea threatening Blizzard with Class Action Lawsuits, but it's no longer just limited to Korea. The UFC Que Choisir, a "very serious organization" in France, is now also putting legal pressure on Blizzard. Blizzard is required to have a "permanent solution within 15 days, and to communicate completely and transparently about problems encountered in due time." What are your thoughts on the route Blizzard is taking with the RMAH and Diablo III? Do you think eventually there will be lawsuits filed against Blizzard in the United States? It looks like we'll just have to wait and see.
The below quote is a brief version of the article translated in English. Only time will tell what will happen, but Blizzard might be in hot water soon if they don't fix up Diablo III.

In France, the very serious “UFC Que Choisir” organization (focused on protecting consumers of all kinds of products) has received over 1500 complaints in 4 days from gamers about connect-ability issues and has asked Blizzard to have a permanent solution within 15 days and to communicate completely and transparently about problems encountered in due time.

They are also requesting that affected gamers be given damages for troubles they may have had, and, in a much broader but more official manner, are asking the DGCCRF to have a close look at online-only DRMed games and how they work, including economically. They basically feel that it’s wrong to assume that an entire nation (well, at least France) has equal internet quality and reception across its entire territory and hence, online-only seems are harmful for some (many?) consumers (which is who they’re trying to protect).

For our French users, here's a link to the full article in French:
http://www.quechoisir.org/telecom-mu...d-les-manettes

[borgi]

WoW... Vivendi dumping Blizz, now this, seems like we're gonna get some nice, notformoney content soon

BTW, could this mean delay of RMAH in Europe?

[anticoder]

Sadly, if you really think about it.. Blizz's terms of use that everyone agreed to will allow any lawyer to rip the public apart if any case was to come forth.

[Ludowitsch]

Luckily, laws beat terms of service.

[Xadaver]

Why don't blizzard just invade France? I'm sure they'll surrender.

[GIVEMEANAME]

Wuptidoo, its a game

Not real life, issues arise - deal with them

Jesus, some gamers just need locking up and shooting;

[fourzerofour]

Really though... the ToS is a legally binding contract between the end user and Blizzard. No lawyer will be able to touch them in court. I wish someone would stop barking and try, really I do, it would be hilarious.

[Angelus234]

Sadly, if you really think about it.. Blizz's terms of use that everyone agreed to will allow any lawyer to rip the public apart if any case was to come forth.

No, just no.

[borgi]

Really though... the ToS is a legally binding contract between the end user and Blizzard. No lawyer will be able to touch them in court. I wish someone would stop barking and try, really I do, it would be hilarious.

They'd crush his soul and charge for suing them.

[niguz]

Really though... the ToS is a legally binding contract between the end user and Blizzard. No lawyer will be able to touch them in court. I wish someone would stop barking and try, really I do, it would be hilarious.

Nope. In fact in germany for example the EULA is completely useless because you cannot view it in the store before buying the game. And even if it were binding you cannot write anything in it that is against the law.

[Rawrypop]

Really though... the ToS is a legally binding contract between the end user and Blizzard. No lawyer will be able to touch them in court. I wish someone would stop barking and try, really I do, it would be hilarious.

Step-Saver Data Systems, Inc. v. Wyse Technology - Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/Vault_C...d_Software_Ltd.

Nah bro, just nah. ToS, ToU, and EULA might as well not exist, because they are little more than garbage and will often immediately get thrown out in cases like this.

[sssniper86]

Speaking of Germany - Surfer haben Rechte - vzbv mahnt Spielehersteller Blizzard ab

As if the Korean and French consumer bodies weren’t enough to be contending with Silverfang sends word that The Federation of German Consumer Organisations (vzbv) has raised action against Blizzard accusing them of antitrust violations.

It seems information on the German Diablo 3 box does not make it clear that a permanent internet connection is required or that the game is tied to the consumer’s battle.net account permanently. I can’t imagine that the box does not state ‘internet connection is required‘ but perhaps it isn’t clear that the single player option also requires a permanent connection. Without that made crystal clear one could easily assume the single player aspect wouldn’t require a connection.

The problem with the game being permanently tied to the consumer’s battle.net account seems to be that it prevents resale. The VZBV require that both of these things be made clear on the box.

In amongst this is the thorn in Blizzard’s side, the server infrastructure and it’s inability to cope with the volume of customers. Outside of patching I don’t know if that’s even still an issue in Europe now.

Blizzard have until the 13th of July to respond.

[Malaki2030]

Wuptidoo, its a game

Not real life, issues arise - deal with them

Jesus, some gamers just need locking up and shooting;

I haven't looked into this case at all, but my guess is you're purchasing virtual items for REAL LIFE money. BUT, the ToS states Blizzard still owns those items.

[Malaki2030]

Some people are retarded. EULA and TOS are NOT LEGALLY BINDING.

If Blizzard put "If you agree to this you must give us your first born child" that would NEVER hold up in court.