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10-21-2008 @ 4:08PM
@ Tyler the amount you don't understand about a) Bait and switch, b) monopolies c) the world in general is STAGGERING.No it's not a monopoly because it's the only warcraft MMO. it'd be a monopoly if you couldn't play ANY MMO without paying them. a class action suit is possible, but would lose. they could argue 1000 different valid things to start the EULA says "game play may change" it changed. There's also technical provisions in there and to top it all off you don't own the characters you're just renting play time. Your playtime was allowed (by your own arguement.I agree it would suck, I leveled 2 pairs using it, and granted my levels before the patch luckily, but legal recourse in this matter is not really an option.
10-21-2008 @ 4:38PM
A class action suit may very well lose. However, it was truly a deceptive trade practice if they had not actually gone back and fixed it. They promised X as an incentive to purchase. They then chose not to honor X but kept your money. That is a deceptive trade practice (in barebones form). It would survive long enough to force them to have to pay lawyers to answer any Complaints filed in any federal district courts -- i.e., it's cheaper to fix the code than pay the lawyers to respond to any legal action(s) that may be filed. Not to mention the bad publicity any lawsuit might garner.
10-22-2008 @ 9:58AM
I disagree with your "it would lose" statement. If you think for a second that long winded boilerplate EULA or TOS will hold up in court for very long you are sadly mistaken or a defense attorney. That's like saying that you can't sue a parking garage for negligence or fraud because the back of the ticket says you can't.
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