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1-24-2009 @ 9:20PM
1-24-2009 @ 9:26PM
"As long as you know what you can and can't do for any given purpose, I see no real problem."I believe this is the real issue. Many people may use the features thinking that "it's Blizzard endorsed, and this thing can do it, so it must be okay." Even though it's against the EULA, it won't be a far stretch for people to think it must be okay because it says "WoW" on the mouse. And why should they? It's a Blizzard screw up.
1-24-2009 @ 9:36PM
This was very well said, Chrido.However, there is still the problem of the packaging / marketing being very misleading to a consumer.Laws regarding the transportation system (e.g. speed limits, lane divisions, etc.) are fairly common knowledge. In contrast, the average player probably won't read the (extremely) fine print of Blizzard's ToS, and consequently, the knowledge is limited to a handful of particular conscientious gamers.If the Ferrari were sold in a world where traffic laws were confined to pamphlets that very few people ever read, then the situation would be very different. Ferrari drivers likely would believe that, just because their car could travel at Ludicrous Speed, they could do so without legal repercussions. They would learn otherwise the first time that a beefed-up Police Interceptor brought them to a screeching halt and ticketed the driver hundreds of dollars.In much the same way, a gamer receiving this mouse as a gift or purchasing the mouse based on reviews and recommendations would likely believe, upon seeing the "WoW" logo emblazoned on its packaging, that all of its functions could be used to the fullest extent within the game. It's unlikely to assume that they will think, "Hmmm, I'd better check that really elaborate ReadMe.txt file *before* I install this," prior to installing and using the mouse.Make sense?I think that Blizzard knows full well that most of their players probably don't read the fine print of the ToS to determine what they can and cant' do within the game or with their hardware. The ToS is primarily included as a "CYA" measure on the company's behalf (no doubt on the recommendation of their high-powered lawyers).
1-24-2009 @ 9:43PM
Bad analogy. If the state that set the speed limits sold you the Ferrari and endorsed the car.... but that's not what happens. it's hypocritical of Blizzard to attach their name to a product whose features violate their own TOU. This just sounds like someone in the licensing section didn't understand the product that they were licensing. Sloppy, but that's about it. It will never happen, but I would love to see a court case on someone being banned for using this. Just from the legal perspective... corporate license for a branded product that violates that corporation's TOU... which wins? No one will do this since getting banned isn't enough reason to spend the time and money but on an intellectual level I'm curious.
1-25-2009 @ 2:34AM
Only problem with this argument is Ferrari and Bugatti are not being endorsed by the dept of transportation. Also it's use for its intended purpose puts it in violation of the EULA. Now if someone had found that swinging the mouse by it's cord and knocking people out was a side use of the product, Blizzard wouldn't be held accountable.
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