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  • Jr
  • Member Since Feb 15th, 2010

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Recent Comments:

Breakfast Topic: What do you think about the new holiday boss style? {WoW}

Dec 27th 2011 6:04PM Ummm... I don't think you need a group. go to the boss, there will be people there. Attack boss with those other people. Once the boss dies there will be bags to loot for the quest item. Did this the first day all by my lonesome... Was easy.

Ready Check: How legendaries destroy PVE {WoW}

Oct 23rd 2011 5:44PM I don't know where to begin. You're simply wrong, the game is balanced around the average not those that seek world firsts. They don't break the game. They need to keep adding these types off items to draw people to the rapids after facing 100 wipes.

BlizzCon 2011 Dungeons and Raids Panel Liveblog {WoW}

Oct 21st 2011 6:40PM Yeah, right.

Gold Capped: Epic gems in patch 4.3 {WoW}

Sep 23rd 2011 11:36AM I'm sure eventually raw gems will be available with points.

The Lawbringer: Contracts and player bans {WoW}

Feb 15th 2010 9:35PM I just wanted to comment on your section "Non" Consensual Termination". I notice you quoted a clause of the contract purporting that Blizz can ban anyone at any time they wish for any or no reason. I take issue whether or not this would be enforceable in all situations since a contract binds both parties to certain behaviors. In this case the customer's main reason for having the game is to play and have fun, which means nothing if Blizz can arbitrarily and for no reason whatsoever ban you from the game. What fun would that be?

In the law of contracts there is what as known as the "illusory promise." This is a clause found in contracts that seemingly allows a party to breach or cancel the contract without any penalty. The reason its illusory is because the thing bargained for and promised was really not promised. Such contracts are generally interpreted by judges in such a way as to save the contract. Because if the thing bargained for and promised is illusory then there is no contract due to a lack of consideration and courts usually bend over backwards to find a contract. I suspect that a ban for no articulable reason would likely result in Blizz being held liable for breach.

The trouble here is damages, your talking about such a small amount, no sane person would bother challenging a ban, which is why we will never know if such a provision would be enforceable and Blizz can and may from time to time ban people without properly doing their due diligence, because they know the costs of a lawsuit would prevent anyone from challenging them.