enforceability of EULA's said:
To have a contract, you must have 1) an offer, 2) an acceptance and 3) a validation device, most often, consideration.
The Warden module is illegal, and blizzard can be sued for using it.
I'm sure that no person would allow a program to go into their computer, take information, and allow persons from the battle.net servers to view everything that had.
But I don't see why Blizzard would allow such a module to be created, and used in their name. I'm sure that if Blizzard were doing this to enforce their own EULA's, then they are taking the law into their own hands, and that is illegal to my understanding. I read the entire post that Don Shelkey made on okratas.com, and I'm sure that no person with any affiliation with Blizzard would allow the contents of their PC's to be invaded with the Warden Module, even if they had signed the agreements.
If I still had the ability to play D2, I would deffinately sue Battle.net, and Blizzard, for allowing the creation of a module that is used to invade the computer of users of their programs, and deny them access to use a free service. In no way, shape or form do I believe that any program that is made to go into a persons computer and scan the contents of the memory is justifiable to be used by any company.
~SoD