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  1. #41
    Quote Originally Posted by destia View Post
    So basically you bought a bag of chips, ate them, puked them back to the bag and go to store demanding refund.
    No, he wants to sell them second hand to someone or give it as a gift to someone else.

    This is applicable under new EU ruling, that electronic software - games etc, can be sold secondhand:

    "An author of software cannot oppose the resale of his 'used' licences allowing the use of his programs downloaded from the internet."

    The ruling means that gamers in European Union member states are free to sell their downloaded games, whether they're from Steam, Origin or another digital platform - no matter what End User License Agreement has been signed.

    As such, this is completely fine, contact Blizzard stating that a customer service representative you contacted was unwilling to help with your problem regarding your product key. Under EU law you have the right to sell/give away your license, and you would like the facility to do so as you are not satisfied with your purchase and believe it would make a 'valuable gift'.
    Quote Originally Posted by Lugo Moll View Post
    Consider this philosophical question: If Blizz fails, but noone is there to see it. Will there still be QQ?

  2. #42
    Quote Originally Posted by Sackman View Post
    "An author of software cannot oppose the resale of his 'used' licences allowing the use of his programs downloaded from the internet."
    And that's why game companies sell services, and not games or licenses anymore. It's like a named urban card (You know, the card that let's you, and only you, used public transportation in a city) - you can't resell it and it applies only to you.
    I have enough of EA ruining great franchises and studios, forcing DRM and Origin on their games, releasing incomplete games only to sell day-1 DLCs or spill dozens of DLCs, and then saying it, and microtransactions, is what players want, stopping players from giving EA games poor reviews, as well as deflecting complaints with cheap PR tricks.

    I'm not going to buy any game by EA as long as they continue those practices.

  3. #43
    http://eu.blizzard.com/en-gb/company/legal/d3_eula.html

    Grant of a Limited Use License.
    Subject to your agreement to and continuing compliance with this License Agreement, Blizzard hereby grants, and you hereby accept, a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to (a) install the Game on one or more computers owned by you or under your legitimate control, (b) use the Game in conjunction with the Service for your non-commercial entertainment purposes only, subject to the terms of Section 2(c) below; and (c) to make and distribute copies of the Game to other potential users free of any charge for use solely on the Service. All uses of the Game are subject to this License Agreement and to the Terms of Use, both of which must be accepted before the Game can be played. In the event of a conflict between the terms of this License Agreement and the Terms of Use, this License Agreement shall govern and supersede the Terms of Use.

    Service and Terms of Use
    The Terms of Use agreement governs all aspects of game play. If you do not agree with the Terms of Use, then (a) you may not register for an Account to play the Game; and (b) you may arrange to return the Game to the place where you purchased it within thirty (30) days of the original purchase or you may contact Blizzard by email http://www.battle.net/support to request a full refund of the purchase price within thirty (30) days of the original purchase. Once you accept the License Agreement and the Terms of Use, you will no longer be eligible for a refund.
    Ownership.
    All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Blizzard Entertainment or Blizzard. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement. You have no interest, monetary or otherwise, in any feature or content contained in the Game or associated with the Account.
    Yes, he can sell the software, but he cannot sell or give away the used license. Learn the law before you start trying to sound like an attorney.
    Last edited by Flatspriest; 2012-11-18 at 11:30 AM.
    when all else fails, read the STICKIES.

  4. #44
    It's weird that you talk about the law and quote EULA. It was said many times in the thread already, that law takes precedence before EULA
    I have enough of EA ruining great franchises and studios, forcing DRM and Origin on their games, releasing incomplete games only to sell day-1 DLCs or spill dozens of DLCs, and then saying it, and microtransactions, is what players want, stopping players from giving EA games poor reviews, as well as deflecting complaints with cheap PR tricks.

    I'm not going to buy any game by EA as long as they continue those practices.

  5. #45
    Quote Originally Posted by procne View Post
    It's weird that you talk about the law and quote EULA. It was said many times in the thread already, that law takes precedence before EULA
    The thing is, you do not own your license, you are merely renting it from Blizzard and they retain sole ownership. You cannot give away something you do not own.
    when all else fails, read the STICKIES.

  6. #46
    The point is, you quoted EULA for the client. It only says that you are allowed to install the game and use it "with the Service". And EU court overruled that and allowed people to transfer and sell this license. Which is all dandy, except for the fact this license does not apply to your WoW account and your right to actually access the "Service".

    Edit: In other words, despite what EULA says, you CAN resell the game copy, and license, in EU, but you can't sell your account.
    I have enough of EA ruining great franchises and studios, forcing DRM and Origin on their games, releasing incomplete games only to sell day-1 DLCs or spill dozens of DLCs, and then saying it, and microtransactions, is what players want, stopping players from giving EA games poor reviews, as well as deflecting complaints with cheap PR tricks.

    I'm not going to buy any game by EA as long as they continue those practices.

  7. #47
    Its so funny to see how people here defend blizzard. It does not matter how you call the game - a license, a service or even a laundry. The product falls under a cathegory that allows it to be resold as a used product in EU. How blizzard will treat this when anyone comes to them, is up to blizzard and thats the end of this story.

  8. #48
    Quote Originally Posted by Madderdin View Post
    Its so funny to see how people here defend blizzard. It does not matter how you call the game - a license, a service or even a laundry. The product falls under a cathegory that allows it to be resold as a used product in EU
    That's a sensible reasoning, which, unfortunately does not apply to law. Quite often HOW you call your product will affect which laws apply to it.
    Company sold some pharmaceutics and then came the law which denied selling those without proper tests / certificates. So what does company do? Renames its drug to "diet supplement"
    I have enough of EA ruining great franchises and studios, forcing DRM and Origin on their games, releasing incomplete games only to sell day-1 DLCs or spill dozens of DLCs, and then saying it, and microtransactions, is what players want, stopping players from giving EA games poor reviews, as well as deflecting complaints with cheap PR tricks.

    I'm not going to buy any game by EA as long as they continue those practices.

  9. #49
    Scarab Lord Charge me Doctor's Avatar
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    Well, you don't own any software, you just got access to blizzards account to play a game.
    Quote Originally Posted by Urban Dictionary
    Russians are a nation inhabiting territory of Russia an ex-USSR countries. Russians enjoy drinking vodka and listening to the bears playing button-accordions. Russians are open- and warm- hearted. They are ready to share their last prianik (russian sweet cookie) with guests, in case lasts encounter that somewhere. Though, it's almost unreal, 'cos russians usually hide their stuff well.

  10. #50
    Quote Originally Posted by Gehco View Post
    Yes, but he still dismissed that right when he agreed to bind it to the battle.net account. And that whole case was made because people whined on Steam, but Blizzard it's different. They provided you with "Read Me" file when you add a game to your account, it's the buyers job to read said file/text.
    No. EULA's do not trump statutory rights. This includes the First Sale doctrine, which is also a statutory right.

  11. #51
    Moderator Gehco's Avatar
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    Quote Originally Posted by Ultimoron View Post
    No. EULA's do not trump statutory rights. This includes the First Sale doctrine, which is also a statutory right.
    I am pretty sure it's just like a normal contract, if you sign it, you bind to what it's saying. Among that states he cannot sell the product he registrated (Here by the license), he can give away the discs but wont have a key with them. Never said EULA trumps the normal law. But there's also a law for holding a contract, he signed and agreed to let Blizzard attach his product to his Battle.net. That is what they did, and they stated that once done, it's only a service for him.

    But sure, if I was in Blizzard's shoes, I might allow resell of the -used- item but with restrictions to services within it.
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  12. #52
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    He is not trying to sell it as an account tho I believe? He wants his characters removed/deleted then Blizz to give the game a new licence which he can then gift?

  13. #53
    Quote Originally Posted by mathewpn View Post
    Hello ,
    I would like to detach my CD key from Diablo III Collector edition . I have bought it , and I´m not satisfied with this game and would like to use it such as valuable gift . I have done already small research on Internet . I found articles about selling secondhand software. Battle net account is not software but key/licence is already . I know battle net account is in owning of blizzard , but I´m owner of licence/key . I wrote ticket already and GM told me that he was not able to solve this . He advised me to write to legal department of blizzard company ( France ) Only way how to contact them is via air mail . What am I requesting for ? I just want to detach/delete my account and get key which I own really . I´m looking for someone , which had same issue . I´m not native speaker and I´m doing mistakes and not using proper language :/
    I´m from Slovakia ( small hole on map ) and need someone to correct my letter to legal department . We are already in EU union and also under EU court .

    Sum : Looking for someone who had similar issue and solved it
    if I will not find someone , I will have to write to them and I´m scared of that . If someone could check my writing

    Cheers
    technically you dont own diablo 3 blizzard owns it and is letting you play it. they also have the right to ban you for any reason they see fit and with no warning.

    so because of that there able to get passed all those laws about buying and selling because there not actually selling you anything there letting you rent it
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  14. #54
    Quote Originally Posted by Gehco View Post
    I am pretty sure it's just like a normal contract, if you sign it, you bind to what it's saying. Among that states he cannot sell the product he registrated (Here by the license), he can give away the discs but wont have a key with them. Never said EULA trumps the normal law. But there's also a law for holding a contract, he signed and agreed to let Blizzard attach his product to his Battle.net. That is what they did, and they stated that once done, it's only a service for him.

    But sure, if I was in Blizzard's shoes, I might allow resell of the -used- item but with restrictions to services within it.
    Actually, parts of the contract, which are against law, are void. EU court declared that copyright holder can not oppose reselling. And because of that part of EULA about reselling game and/or license is void. Still, it does not cover access to the service and account issues. So in the end, Blizzard cannot cancel the agreement with you because of you reselling your game, however they can do that if they find out you gave your "access to the service" to someone else.
    I have enough of EA ruining great franchises and studios, forcing DRM and Origin on their games, releasing incomplete games only to sell day-1 DLCs or spill dozens of DLCs, and then saying it, and microtransactions, is what players want, stopping players from giving EA games poor reviews, as well as deflecting complaints with cheap PR tricks.

    I'm not going to buy any game by EA as long as they continue those practices.

  15. #55
    Quote Originally Posted by chadwix View Post
    Your not allowed to do this with blizzard. I wanna give my wow account to my niece but its not allowed. Their policies arent user friendly at all.

    The only thing you can do is give them access to your bnet account, if it has other games on it, your screwed.
    There's probably a good reason to why you can't detach the CD-key.
    e.g. a hacker getting hold of your account? detaches the CD-key and *voila* hacker just earned a CD-key that he can sell
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  16. #56
    Moderator Gehco's Avatar
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    Quote Originally Posted by procne View Post
    Actually, parts of the contract, which are against law, are void. EU court declared that copyright holder can not oppose reselling. And because of that part of EULA about reselling game and/or license is void. Still, it does not cover access to the service and account issues. So in the end, Blizzard cannot cancel the agreement with you because of you reselling your game, however they can do that if they find out you gave your "access to the service" to someone else.
    But that is what OP is trying to do, heck.. Let him try and sell/give it away and lets see when the automatic IP block steps in.
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  17. #57
    OP is not trying to give account, he wants to gift someone game with cd-key. So that they can make their own account and attach game to it. At least that's what I understood
    I have enough of EA ruining great franchises and studios, forcing DRM and Origin on their games, releasing incomplete games only to sell day-1 DLCs or spill dozens of DLCs, and then saying it, and microtransactions, is what players want, stopping players from giving EA games poor reviews, as well as deflecting complaints with cheap PR tricks.

    I'm not going to buy any game by EA as long as they continue those practices.

  18. #58
    Does someone contact to interested person which could solve this issue ? Or just send letter to legal department of blizzard company ? They have army of lawyer and they can just swift evase between law :/ Does also Blizzard someone , kind of Peter Schiller Apple senior vice president of worldwide sale , for contact / complaints ?
    Last edited by mathewpn; 2012-11-18 at 03:22 PM.

  19. #59
    Quote Originally Posted by Gehco View Post
    But that is what OP is trying to do, heck.. Let him try and sell/give it away and lets see when the automatic IP block steps in.
    You misunderstand, procne was saying if you give your account to someone else to use - that's account sharing, which is not allowed. However gifting and reselling is (for the product, Diablo 3) under EU law which for the umpteenth time, trumps the EULA. Essentially, Diablo 3 gets removed from his account, and the key given back to him that he can resell or use as a gift or w/e.

    I swear people just argue here because they don't want to be wrong. EU law > Any contract. You can't write out a contract that says, "Hey, you can kill me, stick this blade in my face and not get in any trouble because I signed here on the dotted line." Because murder is against the law, no contract, EULA, TOS or whatever, trumps it.
    Quote Originally Posted by Lugo Moll View Post
    Consider this philosophical question: If Blizz fails, but noone is there to see it. Will there still be QQ?

  20. #60
    I like these GMs . They each time put me EULA . They are kind of bots . Does blizzard have also senior vice president for costumers ? Or just milk dollars ?

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