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  1. #61
    Quote Originally Posted by Sackman View Post
    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.
    That's not exactly what I meant. Quoted EULA comes from WoW installation. It talks about client and how you can't copy or resell it and how you can use it to access service. EU court decided that the part about being unable to resell is void. So yes, you can resell your CDs, or even give WoW data on a USB. But it doesn't mean that Blizzard is supposed to unattach cd-key from your account.

    Because account is totally different, and quoted EULA does not apply to it. Because it has its own EULA:
    1. Grant of a Limited License to Use the Service. Subject to the terms and conditions of this Agreement and your agreement to and continuing compliance with this Agreement, Blizzard hereby grants you a limited, revocable, non-transferable, non-sublicensable and non-exclusive license to use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Game client.
    2. Additional License Limitations. The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or any Game in violation of the License Limitations will be regarded as an infringement of Blizzard’s copyrights in and to the Service and/or Game. You agree that you will not, under any circumstances:
    (...)
    2.5 let any third party (except for a minor as stipulated under Section 4 below) use your account on the Service or for a Game;
    (...)
    9.2 Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BLIZZARD. Blizzard does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void.
    Now, battle.net account does not belong to you, it's a free service provided to you by Blizzard. You don't buy it, you don't own it, but it has your name on it. When you buy a game and use its cd-key to activate new service on this account then you modify something that isn't yours. When you play, you connect to servers which are not owned by you. Client which you bought only lets you access those servers, this service. Client is not a game.

    Since account is not owned by you, you cant resell it (including additional services and items on it). And you can't give it to someone else, which is obvious, and EU law does not protect you here. You owned a cd-key, but you stopped owning it the moment you put it in an your battle.net account, which you didn't own, to activate new service.

    Diablo 3 you buy is not a game, it's just a tool to access a service. EU court ruling was about games with DRMs, mostly Steam / Ubisoft / Origin ones. Because there you have a full game on your PC, not just a tool to access a service. At most, it could apply to Starcraft 2, since it can be played offline, and logging in acts mostly as a DRM.

    And partially that's why game companies move from selling games to selling sevices. See new Simcity - it's being turned to half-MMO. And EA plans to make most of their games in this model.
    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.

  2. #62
    Just create a new battle.net account for each game you buy from them. Makes it a heck of a lot easier if you wanna give away/sell.

  3. #63
    A used CD key is like a scratched bingo ticket, you can't ask for a refund after you've already used it.

  4. #64
    If you think you're being wronged take it to court. Bitching on the forums quoting laws and stuff doesn't help you or anyone else. Customer service can only do what they've been trained/told to do. When you bought the game you payed for the physical disks, the software on the disks and the key. You can sell your cd's. The key on the other hand is bound to your name and is a 1 time thing that permits you access to blizzards servers. Think of it as a VIP list at a high end club, sure you could tell the bouncer he can take your name off and put your friends on, but if your names not on the list, you aint getting in.

  5. #65
    This just reminds me of south park Human Centipede - you clicked "I agree" and any company can now sew your mouth to another person's ass. Just because you agreed on EULA and TOS and you live in US. Because in EU where the law is bit different.... But feel free to quote your US laws&regulations to people from EU (unless you are in EU and you are quoting the US laws thinking they apply to you, but then you are beyond hope).

  6. #66
    via GMs it is not possible solve . Will have to write to legal department to France :/ if will nothing happen just then sell on ebay.de :/ and buy normal edition of Diablo ....

  7. #67
    If you're within 14 days and in Europe, you should be able to get a refund (some countries extend this to 30 days, not sure on France). Unbinding the account key is extremely unlikely however. They have no reason to do so for you.

  8. #68
    I have bought in may/april :/ I know , they are milking us

  9. #69
    Dreadlord
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    Im pretty sure its not legal to resell your game. And its not profitable for blizzard that you sell/give away your game to someone else. If u want to give someone D3 as a gift, im pretty sure the only way is to buy a new one.
    Quote Originally Posted by Yoonalol View Post
    wat are the 2 gob mounts.. i only know the trike

  10. #70
    yeah milk us , costumer service 0% , in Germany is possible sell account ( you are selling your game time which I have spent there ) , if something happen then can go sue with them via Eu court for human rights , we can not be sheep and know just know EULA & TOS 90% of Americans are not educated people which know just f*uck , personal knowledge ( One American took to Alps just credit card and asked in village why is not possible pay with credit card , crises , etc. )

    Infracted. Don't nation bash
    Last edited by Darsithis; 2012-11-19 at 05:59 PM.

  11. #71
    Brewmaster Orangetai420's Avatar
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    Quote Originally Posted by chadwix View Post
    Under blizzards policy he isnt allowed to give his chips to someone who likes them. Its a very bad policy that benefits the customer in no way.

    They may have bought the ce to sell later, they can get very valuable.
    I don't think anyone is arguing against this. It is what it is, key is bound and there's nothing you can do. Sorry mate.

    ---------- Post added 2012-11-19 at 12:19 PM ----------

    Quote Originally Posted by mathewpn View Post
    yeah milk us , costumer service 0% , in Germany is possible sell account ( you are selling your game time which I have spent there ) , if something happen then can go sue with them via Eu court for human rights , we can not be sheep and know just know EULA & TOS 90% of Americans are not educated people which know just f*uck , personal knowledge ( One American took to Alps just credit card and asked in village why is not possible pay with credit card , crises , etc. )
    Yea, most Americans are stupid but let's not turn this into an issue about race....

    Don't continue the nation bashing
    Last edited by Darsithis; 2012-11-19 at 06:01 PM.
    Blue text indicates sarcasm

  12. #72
    Quote Originally Posted by mathewpn View Post
    yeah milk us , costumer service 0% , in Germany is possible sell account ( you are selling your game time which I have spent there ) , if something happen then can go sue with them via Eu court for human rights , we can not be sheep and know just know EULA & TOS 90% of Americans are not educated people which know just f*uck , personal knowledge ( One American took to Alps just credit card and asked in village why is not possible pay with credit card , crises , etc. )
    Eh... Selling account is possible, and is allowed by law. It is not allowed by EULA. EULA is not law. But if Blizzard finds out your account was sold they can simply ban / close it. They can because account belongs to them, and you didn't buy it. Please show me something that says otherwise.

    Next thing, what you say about Americans - apparently law in US is different and all parts of EULA are valid there. So what does their knowledge of EULA have to do with anything?

    Then, your example of Americans being uneducated is hilarious. So you met 1 (one) American who was surprised that he can't pay with credit card, and this one American was enough to make such a conclusion about whole US population? Where did you learn statistics?

    Also, stop with those semi-catchy "they are milking us" battlecries if you can't see the difference between your own rights, and your whims.

    Finally, it's funny to see you talking about education when you can't even put together one proper sentence in english. I guess that means 90% of your country's population can't speak english?
    Last edited by Darsithis; 2012-11-19 at 06:00 PM.
    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.

  13. #73
    Quote Originally Posted by mathewpn View Post
    I have bought in may/april :/ I know , they are milking us
    Are you kidding me ? You bought the game 6 months ago and now want a refund ? You have played it for what is probably countless hours in that time and you have the gall to say that Blizzard has crappy service ?

    I wasn't sure before but I am now certain that you are just trolling, 0/10.

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