Crono1973 said:
If the EULA were legally binding, they couldn't unilaterally change the terms. That they can and have unilaterally changed the terms without fear of consequence shows just how legally binding the EULA is, it's not.
Having a clause in the original EULA to allow them to break the EULA is just ridiculous but they can get away with it because the EULA is no more legally binding than this post.
One particular court case that Blizzard won in the last decade 5 years actually disprove this.
That being Blizzard vs Michael Donnelly; who made the Glider Botting program for World of Warcraft.
Via the precedent re-established there (and in a few other cases over the years; notably a case involving Autodesk), the legal definition of "mods" can be extended towards "Any and all changes to the game code." whether it be on your hard drive, shot over the tubes (read; the Internet cloud) or loaded into your computer's RAM.
This translates into an EULA whose terms actually *are* absolute and fully enforceable by law in the United States.
If Blizzard can wield that kind of power with just its EULA (which it can change on a whim; presented "As-is" in classic "Contract of Adhesion"-style), then you *should* be afraid.
Very, very afraid.
The only legal stipulations Blizzard has to follow are:
1) New terms cannot violate any existing laws (like everything else) and
2) Must be presented when the terms, and service, are updated. They can't change the terms immedias-res. The user must be made aware of any changes to the contract. (stand contract law stuff, really)
However, the laws are currently quite flexible in what terms they can enforce; including banning your ass on the mere
suspicion that you're violating the Terms of Use/EULA.
Before, this threat only extended to access on their official online multiplayer. But now Blizzard can fuck you over no matter what because EVERYTHING in Diablo 3 require Bnet 2.
Add to that the virtual suspension of First-Sale-Doctrine rights for video games/software (a change made in the last 2 years), and now Blizzard can ban your ass just for SHARING AN ACCOUNT or trying to sell your account.
This is a position of absolute legal power. The end user has ZERO. Repeat, ZERO rights or checks to prevent abuse here. You are literally playing in Blizzard's Personal Kingdom when you agree to the EULA and log on, and you can fully expect abuse of this power to follow shortly.
Perhaps what's most absurd of all: All of this legal bogeyman-ing is happening over a fucking VIDEO GAME.