If an account is closed for unauthorized use of a 3rd party program, can you tell me which one?
We cannot confirm the names of the specific programs used, as they can be changed or modified on a moments notice by someone experienced in their use. The bottom line is that if it is not something distributed by Blizzard Entertainment, we cannot validate its legitimacy.
I suppose there is a fighting chance there.
Fighting chance for what? If you actually read their disclaimer/EULA/TOS... you would notice you don't even own the account. Blizzard owns it and just "share" it with you. They have all the right to cancel or ban your account for any reason because it ain't even yours.
Cheating on World of Warcraft since 2006
It all depends on where you live. In New Zealand where I live, the Consumer Guarentees over rides Blizzards EULA/TOU. I took Blizzard and their distributer to the small claims tribunal, and had the cost of my account, plus the gamecards refunded after they closed an account for botting.
My case hinged on the fact software must be fit for the purpose and last a reasonable time. I contended that 8 months for a piece of software was not a reasonable length of time. As the software I had purchased was now useless, with the account closed, and there was no facility for offline play.
I also tried Breach of contract, as Blizzard had stated my account was closed for third party software, however refused to provide any evidence. We had a contract (EULA/TOU) and they alleged I breached it, allowing them to terminate it. I challenged that I had not, and with them refusing to provide any evidence of the breach.
The adjudicater agreed, however Blizzard said that as a foreign company the tribunal could not order them to reopen my account, so the adjudicater ordered the NZ distributer to refund me the full purchase price of the game plus expansions, and the cost of the game cards.
Moral of the story, If you are serious take them to small claims tribunal/Court in your jurisdiction. use the Vernor vs autodesk and Wise precedents that states that no matter what Blizzard say, a purchase is a purchase not a licence. Challenge them on breach of contract grounds and on consumer law.
Get creative and you can win. most adjudicaters/judges take a dim view of Blizzard refusing to provide any evidence at court to back uptheir greach of contract assertion, and telling the judge he just has to trust them. remember the burden of proof is on Blizzard to show you breached the EULA/TOS, not on you to show you didnt.
This is actually very smart.
Verner vs Autodesk however was about the resale of licenses, not the loaning of accounts.
However in California, you have 2 things going for you.
1.) Blizzard is located in Irvine, CA
2.) Blizzard CANNOT send a lawyer to small claims court.
It is simply against California Law.
If Blizzard even shows up to court, and doesn't have evidence on why/how your account was closed, they can be found in violation of their own TOS and breach of contract.
Use the money to purchase a new account =P
Goodluck!
Service Information :
Corporation
BLIZZARD ENTERTAINMENT, INC.
Number: C2967377 Date Filed: 1/9/2007 Status: active
Jurisdiction: DELAWARE
Address
3100 OCEAN PARK BOULEVARD
SANTA MONICA, CA 90405
Agent for Service of Process
CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC - LAWYERS INCORPORATING SERVICE
2730 GATEWAY OAKS DR STE 100
SACRAMENTO, CA 95833
Last edited by Ranik; 01-13-2010 at 06:08 PM.
Just because you win in small claims court, doesn't mean you get your money.
In order to collect you'll need to enforce the judgement. Generally that just means asking the company to pay you. Big corporations will generally ignore this request.
At that point you have to hire the services of whats called an "enforcement officer". This may be a sheriff, constable, city marshal, etc. Anyone that's gone through a divorce and lost property will be familiar with this. If you try to keep it, a sheriff shows up with movers or whatever is needed to take it by force.
Problem is, this is a huge corporation we're talking about. You can't just hire a local sheriff from Anahiem CA to walk into their office and start taking shit, that doesn't fly. Then you have to take it back to court, to force them to comply with the judgement, and now you're talking real legal fees here.
And lastly to all those who think they're justified in getting a response from Blizzard:
Terms of Service: WoW -> Legal -> Terms of Use
Take note of Section 8
When you checked that box after every single patch, multiple times, and said you agree, you agreed to THAT.Account Suspension/Deletion.
BLIZZARD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or the EULA.
Forgot to mention my posts apply to the US QQers =)
Go EU rights! =D
I used mentioned vernor vs autodesk, because in New Zealand the consumer guarentees act only applies to sales, not licence transactions.
Vernor vs autodesk the judge found that "the economic realities" dictate what kind of transaction it is. Ie. If you have indefinate possesion of the software and can destroy it without financial penalty, then despite what the manufacturer says, the transaction is a sale not a "lease" and you do infact have ownership of the goods.
This was the first complete application of the Wise precedent (that was actually for movies) to software.
in the vernor case Autodesk claimed that Vernor had no right to sell the software as he was not the owner. Autodesk claimed they were, as they never relinquished title to the property via their Licence agreement.
The judge disagreed, and ruled that Vernor in fact did own the software via the economic realities situation, and that as the owner not a licencee he had the right to sell the software.
This ruling can be used to show that the software must conform to consumer law regarding durability etc.
It also opens the door to property rights claims as Blizzard have deliberatly denied the the use of your property.
I do not know about enforcement in the USA, but I cant imagine a Publicly listed company would risk the publicity by ignoring a court ruling against it either.
On the contrary, you can file again with the courts (for free) and have a lein put on their business/corporaton.... meaning you have to be paid before they can even pay their shareholders.
Most major corporations pay out small lawsuits to keep them off the recordbooks. I've been through small claims courts with several major companies and have always gotten a call from their legal department with a check within a week of the judgement being filed.
Enforcement Officers are more for private party transactions, in which placing a lien or bump on their credit does no good. Then yes, you can hire a court official or law enforcement officer to go collect payment.
Apparently people do not understand the EULA-breaking part and feel the need to QQ about getting caught. I for one miss the shit out of LUAninja and would fire it up again in a heartbeat if the hole is patched.