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Posts with tag end-user-license-agreement

The Lawbringer: A rookie's guide to the TOU

Welcome to the Lawbringer, Wow.com's weekly guide to the intersection of law and the World of Warcraft. I'm Amy Schley, a new law school graduate and your tour guide through the rabbit hole of contracts, copyrights and other craziness.

Greetings again! We're on part three of an examination of the various legal documents to which we must consent in order to play our beloved World of Warcraft. Parts one and two examined the End User License Agreement; this segment will look at the Terms of Use ("TOU").

The first thing you'll notice as you examine the TOU is that it is quite similar to the EULA. This is by design -- while one of the EULA's provisions is to agree to the Terms of Use, the repetition increases the likelihood we'll actually read it. There are quite a few differences, including the code of conduct and the naming policy.

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Filed under: The Lawbringer

The Lawbringer: Rookie's guide to the EULA, part 2

Welcome to the Lawbringer, WoW.com's weekly examination of the intersection between law and the World of Warcraft. Your tour guide is Amy Schley, recent law school grad.

Last week, we looked at the first half of the EULA -- the license limitations, the steps to terminate the agreement and a few other provisions. This week is the back half of the EULA -- the warranties, conflict resolution provisions and miscellaneous provisions.

Export controls

Section 8 prohibits the export and sale of the game to countries the United States has embargoed or persons that are on the "Specially Designated Nationals" list, essentially a list of terrorist organizations. Alas, this means that we won't be settling the War on Terror with world PvP death match.

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Filed under: The Lawbringer

The Lawbringer: A rookie's guide to the EULA


Welcome to the Lawbringer, WoW.com's weekly exploration of the intersection of the World of Warcraft and the law. Acting as your tour guide is Amy Schley, just returned from Hell the bar exam.

Hello again! To kick off the return of the Lawbringer, we're going to move into rookie guide territory. Now, I know, I know -- your rogue "High Warlord Pwnyoo" is ready and willing to gank my mains, my alts and even my husband's toons for calling you a rookie. But by a show of hands, how many of you have actually read the EULA instead of just scrolling down to the bottom to click "Accept"?

Given the paucity of hands raised out there, I figure it's time for a rookie's guide to the End User License Agreement.

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Filed under: The Lawbringer

The Lawbringer: License v. Purchase -- Sgt. Joe Friday Edition

Welcome to The Lawbringer, WoW.com's weekly look at the intersection of law and the World of Warcraft. I'm a recent law school grad acting as your tour guide and trying not to think about the Bar Exam in a few weeks.

Last week's discussion of seems to have left many of y'all rather confused. The occasional hazard of having an idea that is fun to write is discovering that it isn't always as much fun to read, so I apologize for that. This week we'll be skipping the dramatization about License v. Purchase issues to get just the facts, ma'am.

(If you were one of those who really enjoyed last week, you might want to check out my fiction.)

We'll begin by noting that the program of World of Warcraft comes with an End User License Agreement. While vocabulary isn't everything, one has a difficult time arguing that the relationship isn't a license when one has signed a license agreement.

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Filed under: The Lawbringer

The Lawbringer: Euro-ver my head, contract law edition

Welcome to the Lawbringer, your weekly stop at the intersection of law and Warcraft. I am your crossing guard, trying desperately to not get run over myself.

First, I want to apologize for being a day late, but my week was spent preparing for the Multistate Professional Responsibility Exam. Unfortunately, the test was channeling Illidian. If I get a letter in a few weeks saying that I'm not yet responsible enough to be a lawyer, I will not be surprised.

Anyway, on to this week's promised topic: European Contract Law. We'll be approaching the same topics we covered on my side of the pond: contract formation, contract termination, and unfairness. These concepts form the basis of players' relationship with Blizzard, just like they do in the US. Whether Blizzard has the right to publish information about your avatars, ban you from the game, delete your achievements, or force you to resolve disputes in a mediation are all affected by the laws of the country in which a player resides.

The first challenge in this column is that there traditionally has been no "European" contract law; these issues were decided at a national level through the home country's common or civil law system. Trans-nationalism being all the rage, however, the politicos of the European Union have formed the Commision on European Contract Law which has drafted Principles of European Contract Law. A Common Frame of Reference "toolbox" to help various European legislatures standardize the various laws of contract across the continent to match these Principles. What this means, though, is that this law is in a state of flux -- and I am not a barrister, abogada, rechtsanwalt, advokat, or avocat. Take everything in this column with a big grain of salt. And possibly a margarita to wash it down.

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Filed under: The Lawbringer

The Lawbringer: Contracts and player bans


Welcome to The Lawbringer, where we investigate the intersection of law and Warcraft and answer such questions as what do you call a raid of lawyers in the Maelstrom. Answer? A good start.

Last week, we looked at what is private about our armory profiles. Hint: not much. But, life has a funny way of providing a use for things we thought were annoying. Check out this email we received Saturday:
"Two days ago I lost my wedding ring. Of course my wife of 4 years finds it odd and starts to question what I do at night while she is at work. After hours of arguing, I remember about the WoW Armory. I rush to the PC and show her almost minute by minute what I was doing at night. She knows my characters and knew it was my character, and the Armory showed her everything."
So remember, guys and dolls, the Armory can convert your spouse's infidelity aggro to regular WoW aggro. Use at your own risk.

Today, we're going to look at losing the ability to play WoW, such as with player bans like the one given to Ensidia a few weeks ago. However, just as understanding how one gets into a contract helps in understanding how that contract affects players, learning about how to get out of a contract helps in understanding how bans affect players.

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Filed under: Analysis / Opinion, The Lawbringer

The Lawbringer: Contracts and the achievement tracker

Welcome to this week's episode of the Lawbringer! Each week we'll dive into the intricacies of law and the World of Warcraft. Your mission, should you chose to accept it, is to slay demons of ignorance for the benefit of your fellow denizens of Azeroth. Demons of ignorance slain: 1/4782*.

*Number of ignorant demons may be subject to nerfing.


So last week I introduced y'all to a bit of legal theorizing about how law and WoW might mix if they got pugged together. (Hint: not very well.) Y'all also were clamoring for my dissertation on gold farming. I want to give a big thank you to commentator Arnold for his excellent suggestions for improvements to make, and I promise I will be making those corrections soon. This week we'll be moving into some more concrete topics, prompted by a email from my mailbag:
The new armory prints out date and timestamps for every little move you make in game. Run a heroic, it will show the date and time for every boss you kill. I didn't mind when it printed a date for achievements. But such fine-grained detail being so publicly available is .. invasive of privacy.
This is an excellent issue, Wendy, and a subject of much qq-ing on the forums. However, before we can look into what privacy Blizzard may be invading, we need to understand our relationship with Blizzard; to do that, we need to look at a bit of contract law.

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Filed under: Analysis / Opinion, The Lawbringer

The Queue: You ain't nothin' but a Core Hound


Welcome back to The Queue, WoW Insider's daily Q&A column where the WoW Insider team answers your questions about the World of Warcraft. Adam Holisky will be your host today.

There's a few good questions today of various voluptuous varieties: raiding, legal ToS (TNG > ToS, by the way), and new gaming hardware. Yummy.

Start me off, Delks...

Edit: Please be sure to listen to Fly Me To The Moon by Ol' Blue Eyes during today's Queue, or you can listen to the title's name sake song.

Delks asked...

"What's the point of running old world raids and instances?"

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Filed under: The Queue

The Queue: From Hell's heart I stab at thee...


Welcome back to The Queue, WoW Insider's daily Q&A column where the WoW Insider team answers your questions about the World of Warcraft. Adam Holisky will be your host today.

To the last, I will grapple with thee...

From Hell's heart, I stab at thee!

For hate's sake, I spit my last breath at thee!

Iceeeeeeeeeeeeeeeeeeeeeeee Stooooooone!

Dyluck asked...

"I was wondering, do the EULA and TOS really change each patch?"

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Filed under: The Queue

Blizzard responds to Public Knowledge about WoW Glider

As we've been posting on WoW Insider, Blizzard is entangled in a lawsuit with the makers of WoW Glider, a bot program that is against WoW's terms of service. And there's been a wrinkle in the case -- an advocacy group called Public Knowledge has filed an amicus brief in the lawsuit arguing for Glider, and saying that if Blizzard wins this case, it could set a precedent for copyright law that would make any copying of a computer program (including the simple act of copying it for an install to the hard drive) be illegal at the IP owner's will. That's unacceptable, says Public Knowledge, so even though they agree that Glider may be against the ToS, they don't think Blizzard should win the case.

And now Blizzard has responded to Public Knowledge, and their argument isn't all that new. They claim that when you "buy" your WoW software, you don't actually own it -- you're just "licensing" it to use it on your computer. This is an argument that's long been used by copyright owners to claim that end users don't have the right to hack or otherwise modify their software, and it opens up a whole other can of worms, not least of which is that Blizzard is claiming if Glider wins this case, then all software "sales" ever really will give end users the ability to hack or modify it at will (something that a company like Microsoft, with their Windows OS, wouldn't want to happen).

As we've said before, there are a few ways this case could pan out, and it's likely that it won't end with either of the doomsday scenarios that Blizzard and Public Knowledge are describing -- the court could still rule narrowly in favor of Blizzard, stopping Glider but staying away from the other messes brought up here. Oral arguments in the case started this week -- we'll keep an eye on what happens next.

[via Massively]

Filed under: Analysis / Opinion, Virtual selves, Blizzard, News items

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