Detach CD key ( NOT SPAM )

[procne]

"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.

[Flatspriest]

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.

[procne]

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

[Flatspriest]

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.

[procne]

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.

[Deleted]

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.

[procne]

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"

[Charge me Doctor]

Well, you don't own any software, you just got access to blizzards account to play a game.

[Deleted]

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.

[Lochton]

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.

[Zippoflames]

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?

[Immitis]

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

[procne]

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.

[Dyminator]

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

[Lochton]

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.

[procne]

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

[Deleted]

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 ?

[Sackman]

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.

[Deleted]

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 ?

[procne]

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.