The Lawbringer: New Battle.net TOU
by Amy Schley 
Jun 21st 2010 at 9:00PM
The times, they are achangin' ... Spring goes to summer, people graduate, and new patches come out. Sometimes, though, it's not just the code being updated. If you've logged onto Battle.net in the last few weeks, you have been greeted by banners announcing this change. This week, we'll be examining what has changed in the Battle.net TOU.
(Mea culpa -- I promised that this week we'd be looking at the MDY v. Blizzard arguments. I should be able to get to them next week, but finding linkable source material is proving difficult. If anyone from MDY or Blizzard is reading this, would you be so kind to post your appellate arguments online and send me a link?)
Changes to the License Limitations
Our first change comes in the second section, the Additional License Limitations with a new restriction on competitions:
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:
...
3. use the Service for any "e-sports" or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without Blizzard's prior written consent;
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:
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3. use the Service for any "e-sports" or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without Blizzard's prior written consent;
The language of the first paragraph has not been changed in this most recent update, but I wanted to note it as it puts readers on notice of Blizzard's arguments in MDY v. Blizzard. This new restriction on competitions is interesting; I would imagine Blizzard is wanting to avoid unexpected strain on the servers and confusion by players who mistake a third party WoW, Warcraft, or StarCraft competition as one run by Blizzard.
Changes about Players who are Minors
Blizzard has moved and expanded their language about minors who play.
4. Use of the Service by Minors.
Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian with the approval of their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your "child") to use an Account on the Service, you hereby agree to this Terms of Use Agreement on behalf of yourself and your child, and you understand and agree that you will be responsible for all uses of the Account by your child whether or not such uses were authorized by you, including, but not limited to, your minor child's acceptance of the EULA Games that are playable on the Service, or any Game-Specific Terms of Use.
Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian with the approval of their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your "child") to use an Account on the Service, you hereby agree to this Terms of Use Agreement on behalf of yourself and your child, and you understand and agree that you will be responsible for all uses of the Account by your child whether or not such uses were authorized by you, including, but not limited to, your minor child's acceptance of the EULA Games that are playable on the Service, or any Game-Specific Terms of Use.
This is not substantially different from the old TOU regarding minors, but having this be set out is a nice change. People are always wondering about kids and WoW, and this should help casual readers find the information they need.
Changes to Agreements about Updates
With an eye to the eventual outcomes of MDY v. Blizzard, UMG v. Augusto, and Vernor v. Autodesk, the new TOU includes new language about changes to the game and TOU. I have placed in brackets the old language.
8. Updates.
1. Agreements.
Blizzard will update this Agreement as the Service and law evolves with new versions (each a "New TOU"). This Agreement will terminate immediately upon the introduction of a New TOU, and you will be given an opportunity to review and accept the New TOU. If you accept the New TOU, and if the Account registered to you remains in good standing, you will be able to continue using the Account subject to the terms of the New TOU. If you decline to accept the New TOU, or if you cannot comply with the terms of the New TOU for any reason, you will no longer be permitted to use the Account. Blizzard may change, modify, suspend, or discontinue any aspect of the Service at any time. Blizzard may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Service or associated with the Account. [Blizzard may also revise other policies, including without limitation the Code of Conduct and other In Game Policies and the Privacy Policy, at any time, and the new versions will be available on the Website. If at any point you do not agree to any portion of the then-current version of this Agreement, the Code of Conduct the Privacy Policy, or any other Blizzard policy or agreement relating to your use of the Service, you must immediately stop using the Service.]
1. Agreements.
Blizzard will update this Agreement as the Service and law evolves with new versions (each a "New TOU"). This Agreement will terminate immediately upon the introduction of a New TOU, and you will be given an opportunity to review and accept the New TOU. If you accept the New TOU, and if the Account registered to you remains in good standing, you will be able to continue using the Account subject to the terms of the New TOU. If you decline to accept the New TOU, or if you cannot comply with the terms of the New TOU for any reason, you will no longer be permitted to use the Account. Blizzard may change, modify, suspend, or discontinue any aspect of the Service at any time. Blizzard may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Service or associated with the Account. [Blizzard may also revise other policies, including without limitation the Code of Conduct and other In Game Policies and the Privacy Policy, at any time, and the new versions will be available on the Website. If at any point you do not agree to any portion of the then-current version of this Agreement, the Code of Conduct the Privacy Policy, or any other Blizzard policy or agreement relating to your use of the Service, you must immediately stop using the Service.]
While much more explicit than the original, this is substantially similar to the old language. I also want to note the sentence "You have no interest, monetary or otherwise, in any feature or content ..." At oral argument a few weeks ago, MDY's attorney suggested that MDY had business interests in WoW with which Blizzard unfairly interfered by operating Warden. While obviously this TOU does not affect that case, Blizzard appears to be insulating themselves against this argument by including this language.
Real ID
As you know, Battle.net is adding a new feature that will allow players to communicate across servers, factions, and games.
12. RESTRICTIONS AND CONDITIONS OF USE
6. Real Life Friends Feature and Identity Disclosure.
The Service allows you to disclose your identity to other users of the Service through the "Real Life Friends" feature. If you use the Real Life Friends feature and opt-in to a request to be "Real Life Friends" with another user, that user will be able to see your real name. Certain features, such as the Battle.net Voice Chat Client, are only available between users of the Service who have opted in to the Real Life Friends feature. IF YOU OPT-IN TO THE REAL LIFE FRIENDS FEATURE, THOSE PEOPLE YOU DESIGNATE AS "REAL LIFE FRIENDS" WILL BE ABLE TO SEE THE NAMES OF YOUR OTHER "REAL LIFE FRIENDS," AND YOUR NAME WILL BE VISIBLE BY THOSE PEOPLE THAT YOUR "REAL LIFE FRIENDS'" HAVE DESIGNATED USING THE SAME FEATURE. You may opt out of the Real Life Friends feature at any time by deleting all Real Life Friends from your Battle.net Account.Blue poster text.
6. Real Life Friends Feature and Identity Disclosure.
The Service allows you to disclose your identity to other users of the Service through the "Real Life Friends" feature. If you use the Real Life Friends feature and opt-in to a request to be "Real Life Friends" with another user, that user will be able to see your real name. Certain features, such as the Battle.net Voice Chat Client, are only available between users of the Service who have opted in to the Real Life Friends feature. IF YOU OPT-IN TO THE REAL LIFE FRIENDS FEATURE, THOSE PEOPLE YOU DESIGNATE AS "REAL LIFE FRIENDS" WILL BE ABLE TO SEE THE NAMES OF YOUR OTHER "REAL LIFE FRIENDS," AND YOUR NAME WILL BE VISIBLE BY THOSE PEOPLE THAT YOUR "REAL LIFE FRIENDS'" HAVE DESIGNATED USING THE SAME FEATURE. You may opt out of the Real Life Friends feature at any time by deleting all Real Life Friends from your Battle.net Account.Blue poster text.
The lines in all caps are rather interesting. Say I opt in and add a friend -- we'll call him Jimmy. I don't mind outing all my toons to James. Unfortunately, this hypothetical Jimmy is a friend collector and has scores of friends. According to this, all of those scores of friends can see that we're friends. Hopefully, there are no crazy jealous ex-girlfriends who will then harass me on my three servers and fifteen toons. Judging from this provision, players are going to need to be very cautious with whom they share this Real ID feature.
Third parties
Less well known are the new provisions that allow access to advertising and Facebook.
16. DISCLOSURES; THIRD PARTY FEATURES.
1. Massive.
Blizzard's Games and the Service may incorporate technology of Massive Incorporated ("Massive"), a wholly-owned subsidiary of Microsoft Corporation ("Microsoft"), that enables in-game advertising, and the display of other similar in-game objects, which are downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Massive may collect some information about the game and the advertisements delivered to you, as well as standard information that is sent when your personal computer or game console connects to the Internet including your Internet protocol (IP) address. Massive will use this information to transmit and measure in-game advertising, as well as to improve the products and services of Massive and its affiliates. None of the information collected by Massive will be used to identify you. For additional details regarding Massive's in-game advertising practices, please see Massive's In-Game Advertising privacy statement at http://go.microsoft.com/fwlink/?LinkId=122085&clcid=0x409. The trademarks and copyrighted material contained in all in-game advertising are the property of the respective owners. Portions of the Service are © 2008 Massive Incorporated. All rights reserved.
2. Facebook.
If you have a registered "Facebook Account" you may opt-in to the "Facebook Friends" feature which will allow you to see which of your Facebook friends are registered on the Service. The "Facebook Account" is subject to separate terms and conditions provided by Facebook Inc. Note that if you have a Facebook account, your Facebook friends will be able to associate your screen name with your real name on the Service when they use the Facebook Friends feature. Facebook disclaims all liability it may otherwise incur as a result of this Agreement and/or your use of the Service..
1. Massive.
Blizzard's Games and the Service may incorporate technology of Massive Incorporated ("Massive"), a wholly-owned subsidiary of Microsoft Corporation ("Microsoft"), that enables in-game advertising, and the display of other similar in-game objects, which are downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Massive may collect some information about the game and the advertisements delivered to you, as well as standard information that is sent when your personal computer or game console connects to the Internet including your Internet protocol (IP) address. Massive will use this information to transmit and measure in-game advertising, as well as to improve the products and services of Massive and its affiliates. None of the information collected by Massive will be used to identify you. For additional details regarding Massive's in-game advertising practices, please see Massive's In-Game Advertising privacy statement at http://go.microsoft.com/fwlink/?LinkId=122085&clcid=0x409. The trademarks and copyrighted material contained in all in-game advertising are the property of the respective owners. Portions of the Service are © 2008 Massive Incorporated. All rights reserved.
2. Facebook.
If you have a registered "Facebook Account" you may opt-in to the "Facebook Friends" feature which will allow you to see which of your Facebook friends are registered on the Service. The "Facebook Account" is subject to separate terms and conditions provided by Facebook Inc. Note that if you have a Facebook account, your Facebook friends will be able to associate your screen name with your real name on the Service when they use the Facebook Friends feature. Facebook disclaims all liability it may otherwise incur as a result of this Agreement and/or your use of the Service..
What Hasn't Changed
A number of people have emailed me noting new provisions that forbid datamining. I'm sorry to disappoint you, but these provisions are part of the old TOU.
3. No Data Mining.
You agree that you will not (a) obtain or attempt to obtain any information from the Service or any Game using any method not expressly permitted by Blizzard; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a Game client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.
You agree that you will not (a) obtain or attempt to obtain any information from the Service or any Game using any method not expressly permitted by Blizzard; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a Game client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.
I hope you have a little better idea to what you will be agreeing to when the new patch drops.
This column is for entertainment only. If you have a real legal question, consult a real lawyer. For questions about law, law school or the joys of bar prep, you can email me at amy@wow.com, tweet me @wowlawbringer, or /whisper Patent <It Came From the Blog> on Zangarmarsh on Thursday nights. Filed under: The Lawbringer
Reader Comments (Page 1 of 5)
Gamer am I Jun 21st 2010 9:10PM
The language in 16.1, the part about Massive and in-game advertising, was really vague about whether we will actually see advertisements in-game. What's the likelihood of that happening? Because I don't pay fifteen bucks a month to be advertised to.
Pex-Corrh Jun 21st 2010 9:17PM
You pay a lot more than that to be advertised to if you have cable TV.
Hih Jun 21st 2010 9:22PM
Pex, that's the beauty of a DVR and watching everything via recording. Skipping right past all the commercials.
Mr. Tastix Jun 21st 2010 9:51PM
What Pex said. Hell, I pay more for my internet connection and I see adverts littered all over the place. Sure, I can block them, but that's completely beside the point.
Those little ads you see on YouTube? They're annoying, sure, I put up with them just fine. The TV commercials we get every 10 goddamn minutes? Yeah, I put up with them too.
No, I don't like it, but there's a lot worse things out there, to be honest.
Greyhame Jun 21st 2010 11:03PM
It's more for the SC2 Battle.Net lobby than it is for anything to do with WoW. As far as I know, the WoW ToU still governs WoW (and I'm pretty sure that this is in the Battle.Net ToU somewhere), the Battle.Net ToU just governs your Battle.Net account.
Moonkinmaniac Jun 21st 2010 11:19PM
You mean advertising like for Moutnain dew and the A team?
ducss750 Jun 22nd 2010 12:22AM
"The TV commercials we get every 10 goddamn minutes? Yeah, I put up with them too."
We don't. We quit watching tv when 'reality' shows were more prolific than shows with a plot. Yeah, we've missed 24, Grey's Anatomy, House and Sopranos, but we also missed Jay Leno throwing a big-boy tantrum, Bill OReilly being an ass, Octa-mom and reality shows that just ...aren't.
Remember when having cable meant no commercials? (*sigh* I guess I'm getting old)
The average person dies 4 hours a day in front of a tv set. The $50-$100 a month most people spend on cable goes elsewhere with us: We ride motorcycles, drive fast cars, and travel. We also game online, have dinner with friends and enjoy ourselves.
If sitting in front of the one-eyed brain-sucker does it for you, all the more power. Almost half of every hour of programming is now commercials. Don't want to see that on tv, I sure as hell don't want that in-game.
Finnicks Jun 22nd 2010 5:01AM
I don't see in-game advertising cropping up in WoW, but since this is a general Battle.net TOU, the advertising section is probobly for Starcraft and Diablo support.
Online services for those games are going to be free-to-play so I have no problem with Blizzard using advertising to help keep those services running.
Besides, there's not really any opportunity in WoW to display advertising. There are no "chat lobbies" or "game rooms" outside the actual game world. In Starcraft, you start out in a lobby where you can communicate with other players while you search for a game.
Unless of course that new highway in Azshara is going to sport billboards with actual real-life advertisements. :)
Minrus Jun 22nd 2010 12:17PM
Like everyone is saying, this is probably a provision specifically for battle.net. Yet, I just gotta say it, "If WoW starts in-game ads... I'm done."
Game over man, game over.
JackOfAllGames Jun 22nd 2010 12:56PM
For me, I enjoy WoW too much. Simply adding in-game advertising wouldn't put me off TOO much. Chances are, it will annoy me a little though. Over time the annoyance would build. Once a new MMO comes along that interests me as much as WoW, that may be when I quit.
I won't quit immediately due to advertising (unless I find it downright offensive), but it may influence a future decision to do so.
I also have to wonder, IF in-game advertising was added, would RP servers be immune? In-game advertising would definitely ruin any immersion. This is also why I think that in-game advertising in the game world is unlikely. The Mountain Dew promo happened, but we were just given battle bots that didn't look like the product or carry the Mountain Dew logo.
What *I* think is likely is advertising in addons. I think that's what we'll see coming. Much like you see advertising in iPhone/Android/whatever mobile phone apps, we'll see advertising in WoW addons. This would be entirely optional (it would make a lot of people chose to use the default UI). This may also provide income for addon authors that need an incentive to do what they do (assuming Blizzard allows addon authors to benefit from advertising revenue). Personally, I think this may also be a sign of Blizzard-created addons in the Blizzard "store". Perhaps a free (with advertising) or paid (without advertising) scheme.
This is all speculation, but that's what I think on the matter.
Dahk Jun 22nd 2010 2:44PM
The Advertising is most likely what you see on the launcher, before you hit "PLAY".
Hih Jun 21st 2010 9:15PM
Eww... that part on the Massive stuff worries me. I already pay $15 a month. I don't want to start seeing advertising, not without the price per month taking a *significant* drop at least.
wutsconflag Jun 21st 2010 9:23PM
16.1
I wonder, short of cancelling my account completely ... Is there any way to opt out of this advertising?
Anathemys Jun 21st 2010 10:51PM
No.
If you attempt to opt-out of the new Massive advertising deal (hereby referred to as "Deal with the Devil") Blizzard may do either or both of the following at their own discretion:
A.) Send large men with baseball bats to break your kneecaps.
B.) Send large men with ropes to tie you to a cinderblock and throw you in a lake (hereby referred to as "Sleeping with the Fishes").
Massive retains the right to set fire to your house, and then sue you.
ultimatejoko Jun 21st 2010 9:24PM
This is for B.Net as a whole right? So they are probably talking about starcraft?
Vogie Jun 21st 2010 9:43PM
The BattleNet RealID system will be coming to ALL Blizzard games. WoW, Starcraft 2, Diablo 3. If you're brother in Connecticut is your MT for Raiding Skywall is too busy lost in Hell, you'll be able to whisper him and say "Dude. Priorities." It'll all be connected.
Hone Melgren Jun 22nd 2010 10:02AM
Not just for starcraft.
You use the battle.net authentication system in world of warcraft to connect to your realm servers. There is not a seperate authentication system for starcraft and a seperate one for battle.net. It's both the same system - this is why you would have a wow license on your battle.net account and a starcraft license as well.
Also the agreement has a clause in it saying that in effect this agreement is in addition to any other TOU or EULA agreements you have agreed to with Blizzard and does not invalidate them in any way.
So yes you are bound to this one exactly the same as how you are bound to the other ones.
Fierna Jun 21st 2010 9:24PM
So just so I'm sure I'm on the same page regarding "No Data Mining." How does MMO-Champion get around that stipulation?
Svavar Kjarrval Jun 21st 2010 9:26PM
They can if they get permission first or find any other loophole.
Viper007Bond Jun 21st 2010 9:49PM
They probably just ignore the agreement is my guess.