Legality on banning on dupe hack?

[fgmg]

I am trying to find specificially where it says that Blizzard has the right to revoke access to Battle.net if you were to engage in a dupe? In particular, the corpse dupe. Due to the nature of this bug, no third party program was used. I've read over the TOS for battle.net and eula in the Diablo 2 folder (license.txt). The battle.net TOS makes absolutely no reference to the ability to ban CD keys based upon bugs within the game. The closest thing I could reference was:

(x) carry out any action with a disruptive effect, such as causing the screen to "scroll" faster than other users are able to type to it;

and that would be streching it since dying 15 times i would hope wasn't exactly disruptive.

Moving on to the EULA for Diablo, they state they would only delete/remove items or characters, never do they mention about deletion of accounts or disabling access to battle.net. My only reservation is that they also state they have the right to update date the EULA at any time. Though I highly doubt it, did Blizzard release an newer EULA for Diablo that prohibits this type of action?

Additionally, it doesn't seem legal to revoke access to Battle.net based upon a fault with their programming and the nature of this dupe. It does not seem all to far fetched to have died 15 times in one game. If it was, they why did the create the 15 corpse system in the first place?

I'm not a lawyer, but I given the documents that state the conduct and punishment regarding this corpse dupe, I don't think Blizzard can ban people.

Yes, it may seem like I'm whinning, but there are rules and rules must be followed. I do remember briefly looking over these documents before I tried out the corpse dupe just to be sure it was alright. If someone could point me to where it says I am not allowed to die 15 times or I am banned if I dupe (accidentally or intentional) I would be happy to shut up.

 

[Killzin]

very nice man

gj

im lucky and i wasnt banned but if u was banned I think that you can ask for an indemnity
cuz blizzard made one thing that wasnt on the agreement

 

[YaZouR]

u have a good point, but i don't think blizz will lisen 2 ure crying, it is great if u will convict them 2 do so

 

[Killzin]

i think that some1 should open a process against blizzard

 

[mV-dOOmeD]

great opinion great work but i don't think blizz will listn to u

 

[Starfish]

eMail them and tell them what you found out...I guess THEIR lawyers are are ****ed up and ready to do anything to protect Blizzard...one way or another they'll save their asses

 

[Zephyr-91]

heh lol nice finding im going to send them and try to get my acc back heh

 

[YaZouR]

some1 hos not had a key muted or banned acc 2 key sould make a thread on bnett, then the would listning more maybe.

 

[pat]

Blizzard reserves the right to deny, at its sole discretion, any user access to Battle.net or any portion thereof without notice. Without limiting the foregoing, Blizzard retains the right to decline service to any user who violates the Battle.net Terms of Use.

read. comprehend. shut up.

 

[fgmg]

Does Blizzard disable the ability to post on their forums if the CD-key has been disabled?

I was wondering if someone with a working CD key and account could post this (just copy and paste the text) on the battle.net forums. I don' think Blizzard takes a look at this board. I'm sure, or at least I hope that Blizzard reads their own forums.

I'd also like to see the replies of people. Just because people say "you're a hacker, too bad" doesn't mean I'm guilty without a trial. There are rules, of which I have not broken.

An interesting thought came to me. What if someone had tried the corpse dupe in a public game. Just imagine joining baal runs. Bam, 7 ppl would be banned for doing something they were completely unaware of. This is why they can't ban cd-keys based upon hack. So goes the saying (though a bit extreme): better to let a 100 guilty men free than imprison 1 innocent.

 

[abgehter]

omg ? i just mentioned that in another post before

post here

but good work that you reread the tos etc )

i really want to if someone is banned for that and makes it to court what will happen

 

[fgmg]

Originally posted by pat
read. comprehend. shut up.

Huh? You need to tell me what I violated. I know if I violate a rule then I am banned, that's not the question here.

What you quote is the same as saying "If you break a law you go to jail." So what? I need to break a law first. You don't throw me in jail just because you feel like it.

 

[sEEk]

yaeh, i was thinkin of this myself.. figured that they never state anything about banning on the account of you "experimenting" with their mistakes and flaws, because.. they did take 2 years to release the patch, and yet it still has flaws that can lead to illegitimate banning due to the fact that you do not break ANY rules state in the TOS or EULA, <b>any user who violates the Battle.net Terms of Use. <b> - Like he said, we didn't violate crap, my cd-key was banned also, im not sure if my account is banned, but i play hc.. so if my sc account is banned.. i'll laugh, AND, imo we will get somewhere with this, fgmg.. Because, once they realize that they are wrongfully restricting your access ..

 

[sin316]

first : read the ToU (Terms of Use) and EULA (End User Licence Agreement)

Blizzard reserves the right to do whatever they want to.

If they think you deserved it , you do.

And btw , dont complain about being banned ... on a d2 hacking forum ....

 

[Zephyr-91]

true, but u have the right too complain ..lol

and i think if u have a good enough case they will give u ur acc cause u would be a hassel

 

[RetroMUFC]

The biggest problem is the disruption of service that was caused last night.
Part VII of the license agreement when you sign up for a bnet account:

"institute attacks upon a Battle.net server or otherwise disrupt battle.net"

The use of the exploit in the game definately disrupted the service of battle.net and I am sure that is what they would use as a defense if you were to ask them.

 

[SSKnight]

quote:
--------------------------------------------------------------------------------
(x) carry out any action with a disruptive effect, such as causing the screen to "scroll" faster than other users are able to type to it;
--------------------------------------------------------------------------------



the clause states that any action with a disruptive effect is punishable. it gives an example of causing the screen to scroll, but disruptive actions are not limited to that obviously. you contributed in disrupting tens of thousands of users, most legitimate players, as they tried to use battle.net's provided service. that is worth of a cd-key / account ban.

and agreed, dont cry bout it in a hacking forum.

 

[Zephyr-91]

how about by accident, you where dueling and died 15 times.. that perfectly legal..

 

[sEEk]

i actually thought of that, then again.. when i call them and talk for 4.5 hours - since they can't hang up for the hell of it, they'll get mad and just have to deal with giving my cd-key back (my accounts aren't banned)

 

[Zephyr-91]

your lucky, if i live in canada will i have to pay for the call?