Catch up on stories from the past week (and beyond) at the Slashdot story archive

 



Forgot your password?
typodupeerror
×
The Internet Role Playing (Games)

EULA Confusion w/ Used Copies of WoW? 935

egburr asks: "I just purchased a used retail box of World of Warcraft. After reading the EULA in the manual and the Terms of Use, I expected to be up and playing quickly. I soon ran into a problem. I haven't even installed the software yet, since the first thing I have to do is go online and create a user account and then subscribe to play. Simple enough? I thought so too, until I tried entering the Authentication Key found on the CD case. This produced an error that my key had already been used. Note that it says 'already been used,' not 'currently in use.'" Note that section 3B in the EULA explicitly grants its users the ability to transfer the physical property and "all of your rights and obligations under the License Agreement", presumably including the Authentication Key which is needed when creating a new account. What Blizzard expressly disallows is the transfer of accounts, according to Section 1E of their Terms of Use, which is not at issue here. Apparently, Blizzard is allowing each Authentication Key to be used only once, preventing anyone with a used copy of the game from creating a new account. Is Blizzard violating the terms of their own EULA?
"I have contacted Blizzard about this and have had a very interesting conversation with the Billing department, first by phone and then by email.

They keep telling me they will not transfer an account. I keep telling them I do not want an account transferred, but want to create my own account. What appears to be the final answer is that 'an authentication key can only be used once, regardless of the number of owners.'

This is not stated anywhere in the EULA or Terms of Use. If it is, I have been unable to find it, and *Blizzard has repeatedly ignored my request that they identify where in the EULA or Terms of Use this is stated.*

I have the complete retail package, including the CD case with the Authentication Key. So what if it is has been used in the past? Whatever happened to the first-sale doctrine?

At one point, the Blizzard representative likened my request to buying an empty milk jug and returning to the store to demand more milk for free so I can use the jug. This is an incredibly inept analogy. What Blizzard is doing is allowing only the original purchaser of the jug to buy a refill; anyone else who happens to buy or be given the jug is prohibited from buying more milk to put in it.

Another item of interest is that the representative told me that they can not, for any reason, delete an account, not even at the account owner's request. The most they can do is to suspend the account. Unfortunately, that keeps a record of the Authentication Key in their system, preventing that key from ever being used again.

While the EULA expressly permits permanent transfer of ownership of the game to another person, nowhere does either the EULA or the Terms of Use mention that such a transfer makes the game completely useless because Blizzard will not allow the new owner to use the game; the game cannot be played without an online account and a subscription to the service, and Blizzard will not even allow the account to be created.

You might say the "easy" answer is to get the seller to give me the account info for the account he created. However, according to Blizzard's representative, not all of the original account information can be modified. In fact, enough would be unchangable that the original owner of the account would be able to regain control of the account at any time, should he desire to do so.

I had no expectation that a used copy of the game would be such a problem. After all, even all of Blizzard's previous games (Warcraft 2, Starcraft, BroodWar) had keys that could be used and passed on while maintaining the reasonable restriction that only one instance of the key could be used at any one time. (I have never bought or played Warcraft 3, so I do not know about it.) In fact, I bought my copy of Starcraft used and never had any trouble with it.

I am not trying to cheat Blizzard out of anything. I *want* to pay them for a monthly subscription so I can play the game, but they will not allow it solely because at some point in the past someone else has used what is now my copy of the game.

So here's a warning to everyone out there; be very careful if you are thinking about buying a used copy of World of Warcraft. You may have a complete and legitimate set of all the game materials, but you will not be able to play it.

For all the lawyers, and the many IANALs, out there, what do you think of the chances of a lawsuit succeeding to change Blizzard's stance on this? Would anyone else be interested in taking this on with me?"

A question that comes to mind is whether the seller fulfilled all three parts of the Termination clause, section 5 of the EULA. If the seller failed to notify Blizzard of intention to terminate, it could be argued that the seller's licenses remain in effect and thus new license could not be given to the buyer of the used game. But one would hope Blizzard's customer service would at least make this clear to the buyer.

This discussion has been archived. No new comments can be posted.

EULA Confusion w/ Used Copies of WoW?

Comments Filter:
  • by booyah ( 28487 ) on Wednesday February 16, 2005 @05:57PM (#11693356)
    Considering how difficult it is right now to find a new copy of WoW this could be a major issue.

    For those not in the know, at least for a time, Blizzard pulled from the shelves new copies of WoW and stopped shipping due to server load issues.

    I know of more than one person who was unable to get a copy for several weeks because of this.
  • by kjd88 ( 842922 ) on Wednesday February 16, 2005 @05:57PM (#11693357)
    One thing left to do: Get your money back from the seller.
    • by quinxy ( 788909 ) on Wednesday February 16, 2005 @06:04PM (#11693434) Homepage
      True enough, if he'd do it which he won't. But, it sounds like the seller was not restricted from selling it according to the EULA, and should have had every expectation that a buyer could use it. It certainly sounds like the entire problem is Blizzard's for not conforming to their own EULA or not adequately defining it.

      But, what do I know, IANAL.
      • by Anonymous Coward on Wednesday February 16, 2005 @06:20PM (#11693636)
        If you paid by Paypal, you can get it back.
        You were delivered a non-workable product.
        You had a reasonable expectation of being able to use the product.

        I would file a complaint with eBay, not against the seller, who was acting in good faith, but in order to stop Blizzard titles from being sold on eBay because they, Blizzard, are selling a deliberately broken product.
        • Uh... Hey, kids. (Score:5, Informative)

          by adolf ( 21054 ) * <flodadolf@gmail.com> on Thursday February 17, 2005 @12:37AM (#11696746) Journal
          Who said anything about eBay? Or PayPal, for that matter?

          TFA doesn't say by what means the used software title was aquired, nor how payment was tendered.

          For all we know, he traded a twelve-pack of beer for it with his next-door neighbor.

          Get some sunshine. Ebay is not the only venue via which used items change hands.

    • Additional alternatives if you have the energy: be a pain in the ass. Send letters of complaint to your state's attorney general, dept of consumer affairs and anyone else that might respond. Move on to the Feds, send a letter to the FTC. Be sure and carbon copy the Chief Legal Counsel or CEO of Blizzard. If your local newspaper or TV news has a complaint service, go to them. Sometimes, they just don't want to deal with all of that.
    • by js7a ( 579872 ) <`gro.kivob' `ta' `semaj'> on Wednesday February 16, 2005 @06:19PM (#11693621) Homepage Journal
      Naw, call Vivendi (Blizzard parent company) at (310) 431-4000 and ask to speak with the legal department. Then ask to talk to a lawyer "regarding a contract dispute with a Blizzard product." Then politely explain the same story you submitted to Slashdot, and ask them to call WoW tech support and create a character for you.

      If they refuse, take them to small claims court. 75% probability that they will fix the problem as soon as they get served. If not, then they won't show up and you will win the retail price by default.

      • Up front, IANAL. However, you haven't paid Blizzard any money and they have the right (in most areas) to refuse you service for any reason.

        Obviously this is them just being stupid, however, they don't have to give you an account and take your money. You haven't purchased anything from them yet.

        The original owner needs to transfer the account to you, then, once the terms that the actual purchaser of the CD agreed to have been fulfilled, you can call and make as big a stink as you want.
  • How bizarre (Score:5, Interesting)

    by fembots ( 753724 ) on Wednesday February 16, 2005 @05:58PM (#11693372) Homepage
    Maybe Blizzard just never expected anyone to RTFEULA.

    3B. You may permanently transfer ownership of the Game and all parts thereof, and all of your rights and obligations under the License Agreement, to another by physically transferring the CD-ROM, all original packaging, and all Manuals or other documentation associated with the Game, and by removing from all of your home or personal computers and destroying any remaining materials concerning the Game in your possession or control, provided the recipient agrees to the terms of this License Agreement. The transferor (i.e., you), and not the Licensor, agrees to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer.

    It appears that you can indeed sell your game, provided you removed anything related to the game, which I think, includes the deactivation of the Authentication Key by the seller, maybe they haven't created the Deactivation Section yet :)
    • Re:How bizarre (Score:3, Interesting)

      by truesaer ( 135079 )
      The terms you quoted said you must destroy anything in your possession or control when you transfer the game. Since the authentication key on your online account is not within your possession or control, it doesn't seem like you're obligated to do anything about it.

      It sounds to me a bit like they picked a really bad primary key for a database! I'm also sure they can give this guy a new key. I once deleted the full version of windows at the direction of Microsoft tech support when I only had an upgrade t

    • Re:How bizarre (Score:3, Informative)

      by Telastyn ( 206146 )
      The OP did get the entirety of the Game, but not the account on the game servers, which is created after the fact, and is not part of the sale. In the same way the Game is useless without an account, so can the Game be transferred without it.

      I am not a Lawyer, and this is not legal advice, but it seems fairly clear cut from a legal purspective that the OP got everything Blizzard sells in the store. Just because the Game has lost nearly all value due to the Activation Key being broken doesn't change that fa
    • Re:How bizarre (Score:5, Insightful)

      by DJStealth ( 103231 ) on Wednesday February 16, 2005 @06:43PM (#11693907)
      It's like having the ability to sell your Condo, however, the management refusing to give you a key to enter through the lobby.
  • by Stanistani ( 808333 ) on Wednesday February 16, 2005 @05:58PM (#11693375) Homepage Journal
    I guess the new policy is:
    The key IS the game.
  • by zoomba ( 227393 ) <mfc131NO@SPAMgmail.com> on Wednesday February 16, 2005 @06:01PM (#11693396) Homepage
    Every MMO has CD keys that are forever associated with a given account. If you wanted to reuse a key you would have to be given the original account and change the bank information for billing purposes. This is no shocker to most people.

    How do you expect them to actually release a CD key? The way these games work is you can come back to it later and renew your account if you wish. How can they renew their account if the key has been released for reuse?

    The place you bought it from owes you a refund. Most stores I go to now won't buy back any game that has a CD key tied to online play/accounts.
    • There are clearly though many other options besides this. EverQuest, for example, doesn't even require you to buy the game in stores anymore. They'll let you purchase it at a reduced price and download the whole thing with a fresh key.

      It's not quite the same thing, but there is no reason Blizzard (or EQ) in this situation shouldn't be able to generate a brand new key for him if the original key is truly defunct, which is something they can easily enforce on their end.
    • > How do you expect them to actually release a CD key? The way these games work is you can come back
      > to it later and renew your account if you wish. How can they renew their account if the key has been
      > released for reuse?

      It's not difficult, technically or logically. Non-MMO games have been doing it for years; you need a unique and not-currently used cd key to be able to play online.

      All Blizzard has to do is dissassociate this key from the account. If someone wants to sell their WoW cd set, they
    • How do you expect them to actually release a CD key?
      It's not for us to care how they do it, they are the ones responsible for figuring that part out. Beyond just the EULA, copyright law states that users have the right to transfer their license.
      The way these games work is you can come back to it later and renew your account if you wish. How can they renew their account if the key has been released for reuse?
      They can't renew their account, because they no longer have a legal copy of the game. Perhaps
  • account Key (Score:2, Insightful)

    by Anonymous Coward
    Actually the Key IS the game -- or more specifically the ACCOUNT.

    One key can ever create ONE account. If you get the account name and password to go along with that used CD key, you are in business.
  • by Anonymous Coward on Wednesday February 16, 2005 @06:02PM (#11693409)
    As I understand it, Blizzard representatives cannot cancel any user's account even with their consent. However, it is possible to cancel one's account through the online account management site. Would cancelling your account in this way 'free up' the authentication key? If so, is it the previous owner's responsibility then to delete their account?

    Assuming this is the case, then if the previous owner didn't delete their account, they have effectively ripped you off.
    • by King_TJ ( 85913 ) on Wednesday February 16, 2005 @08:22PM (#11694964) Journal
      Actually, I get the idea this system of suspending accounts rather than deleting them is commonplace with these MMORPGs. This certainly isn't unique to Blizzard and WoW.

      I understand the reasoning behind it, but it can cause some irritating situations too.

      EG. My ex-wife was a big Shadowbane addict for a few months preceding our divorce. She was using an account I created initially. (I'm the one who bought the game, played it for about 30 minutes, and decided I didn't like it after all. I let her try it, and she got hooked immediately - and begged me to buy her a 3 month subscription after that.) The interesting thing is, though, I couldn't seem to find any way to get Ubisoft to permanently erase her account after she moved out. I was able to sign on to the web site and deactivate the account, so she couldn't keep billing renewals to my credit card ... but she simply had billing xferred to a new card and re-activated her game, and kept on playing.

      Somehow, it doesn't seem right I wasn't even able to have her characters deleted on an account she effectively hijaacked from me - and now I still keep getting email notifications about her activities in the game (purchases of expansion sets, tech. support help, etc. etc.).
  • by Anonymous Coward
    the answer is clear. sue them. you know that is what they would do to you if you violated the End User Agreement.
  • by GNUALMAFUERTE ( 697061 ) <almafuerte@@@gmail...com> on Wednesday February 16, 2005 @06:03PM (#11693419)
    "This is not stated anywhere in the EULA or Terms of Use"

    It is, Usually, in the part that says that any situation not specified in the EULA, will be decided in an unilateral fashion by the Company in question. Usually, when you agree with this kind of "contracts", you are actually agreeing to pay an ammount, in orther to be able to do what the company eventually decides that you can do.

    My recomendation?, learn to be happy with tuxrace.
  • out of luck (Score:5, Funny)

    by illuminatedwax ( 537131 ) <stdrange@nOsPAm.alumni.uchicago.edu> on Wednesday February 16, 2005 @06:03PM (#11693422) Journal
    You're out of luck, because as we all know, EULAs are not legally binding. Thanks for playing! :)
    • Re:out of luck (Score:3, Insightful)

      by Viv ( 54519 )
      Usually, the theory behind EULAs not being legally binding has a lot to do with the contract being non-negotiable, and that there is no guarantee that the receiving party actually ever even read (or even really agreed) to the contract.

      This argument is one way. The author of the EULA can hardly argue that the contract was non-negotiable on their part -- they freaking wrote the thing. Nor can they argue that they never agreed to the contract, because they sell the product with the understanding that the EU
  • by GillBates0 ( 664202 ) on Wednesday February 16, 2005 @06:03PM (#11693425) Homepage Journal
    At one point, the Blizzard representative likened my request to buying an empty milk jug and returning to the store to demand more milk for free so I can use the jug.

    Get a cow. It won't mind if you take an empty milk jug to it and demand more milk from it every day.

    Your cow won't judge you.

    • Your cow won't judge you.

      I don't know about that. The last cow I milked kept looking at me funny like I was doing something wrong.

      I was like "Yes, I'm touching your teats. You wanna explode or what?"
      And she was like "Oh no, you didn't!"

      She swats at me with her tail. I slap her side. Long story short, that's I ended up in jail. That's my story. I'm sticking to it.

  • Semantics dude (Score:2, Interesting)

    by Jailbrekr ( 73837 )
    You bought a used copy, therefore you are transferring ownership from one person or entity to another. This logic does not apply to a retail store, because the ownership is not being transferred as the auth key is unused.

    A stupid analogy would be buying used milk. If you bought the milk used from someone other than grocery store and it expired prior to the "best before" date, it is not the groceries store or the milk producers responsibility for the bad milk.

    The only thing I see here is that you are using
  • by the_skywise ( 189793 ) on Wednesday February 16, 2005 @06:04PM (#11693444)
    How hard can it be? Okay you buy a "used" CD so they don't give you a month's free subscription but force you to pony up $19 immediately.

    Even if you assume that this guy just pirated a copy of WOW that's pure revenue to them for each new user.

    What's to gain by binding one key to one CD? You want to bind it to one PAYING USER.

    Somebody hasn't thought this through and just threw the usual boiler plate out into the EULA and said "ship it!"
    • by Jarnis ( 266190 ) on Wednesday February 16, 2005 @06:17PM (#11693595)
      Simple.

      The distributor gets the cash out of the box sales.

      If accounts were free, or available from online, there would be no distribution of the box version. No distributor wants to touch a game that is available online cheaper (or even at same price, but 'easier').

      And stupid people won't consider games they can't buy as a box from a store. No store visibility = way less subscribers.

      Only when the game is dead as a doorknob as 'store boxed version', the sale / giveaway of accounts beings.

      Basically they are feeding Vivendi Universal or whoever handles the distribution. VU has to get mucho money, so VU can be bothered to put the game on shelves, on magazine pages etc.

      Yes, the whole store/boxes/crap model is outdated. I'd happily pay real money for games if I could actually download them at launch day, instead of waiting for ages for the stupid boxes to ship and arrive to stores. I paid for HL2, mostly because they allowed this. Yeah, steam is 'bad' or 'crappy' or whatever, but at least it works. I got the game on launch day, not a week late (hint: I don't live in the US), and I got it at a same price as the US customers got (no extra taxes, duties, shipping costs and other crap).

  • Small claims court (Score:4, Insightful)

    by IgD ( 232964 ) on Wednesday February 16, 2005 @06:06PM (#11693463)
    Can you march down to your local courthouse and file a small claims lawsuit? Your argument seems pretty solid. They would probably give in to avoid the lawsuit that might cost them thousands.
    • You don't file in small claim's court in the Plaintiff's Jurisdiction (i.e. yours), you have to file in the Defendant's Jurisdiction. Furthermore, RTFEULA!!! Sec 13 explicitly states that any claims will be resolved in Los Angeles County Court.

      Sec. 13 - "This License Agreement shall be deemed to have been made and executed in the State of California without regard to conflicts of law provisions, and any dispute arising hereunder shall be resolved in accordance with the law of California. You agree that an

      • by bani ( 467531 ) on Wednesday February 16, 2005 @07:33PM (#11694484)
        no matter how much you or blizzard or vivendi want, a contract/eula cannot circumvent state or federal law. just because blizzare or vivendi desire the jurisdiction to be los angeles doesnt mean it circumvents state or federal law which states it might be elsewhere.

        same reason why an EULA can't force you into indentured servitude to blizzard/vivendi.
        • by Anonymous Coward
          Then he would need to file a federal case. Since small claims court isn't acceptable place for a multi-state legal proceeding.

          Which is now a cool $250 filing fee.

          Besides, even if he won in small claims court, there isn't any teeth since the company itself may not be within that county. So you've won a piece of paper, but enforcing it STILL requires it being brough up to Federal Court. Thus you pay the Small claims court fee plus the above federal court fees.

          Geesh.
          • bring a copy of the small claims judgement against vivendi to a shareholders meeting. send copies to various journalists, magazines and newspapers.

            be sure to forward the judgement to various credit tracking companies too.

            such things are sufficiently embarassing that they would probably be forced to act. the cost of bad PR would be worse than just paying what they owe under the judgement.
  • IAAL (Score:5, Insightful)

    by Thunderstruck ( 210399 ) on Wednesday February 16, 2005 @06:07PM (#11693478)
    This seems like the perfect test case for the enforceability of a shrinkwrap EULA in the hands of an ordinary consumer. Previous cases have observed that, where portions of the game require additional "agreement" clicks, such licenses can be enforced, but I have not found any case yet which states that the individual purchasor is bound by a eula he is unable to read until after the sale.

    There have been cases which indicate that software licenses in general are just fine, even if they limit rights granted under ordinary copyright law. What does not appear to have been examined is whether these license agreements fall into the realm of state contract law. If such were the case, then different states might have different consumer protection rules.

    But then again, I am not your lawyer, and this is just an observation, not legal advice. If you like, feel free to contact me. You can find out how in my profile.

  • by BalorTFL ( 766196 ) on Wednesday February 16, 2005 @06:08PM (#11693488)
    Blizzard should try to get this fixed fast. Unlike most other types of games, where all the money the developer will realize is paid up front, most of the money from MMORPGs is made over the long run. By making it harder to transfer CD-keys, Blizzard is depriving themselves of the monthly fees that the user would otherwise already be paying: $20-$50 up front vs. $10-$13 a month... after a little while, the price paid at retail starts to seem pretty small, especially since many players get hooked and have difficulty quitting.
  • Analogy 2.0 (Score:5, Insightful)

    by Asprin ( 545477 ) <gsarnoldNO@SPAMyahoo.com> on Wednesday February 16, 2005 @06:08PM (#11693492) Homepage Journal

    Actually, you don't want free milk in the jug your friend gave you, you want to *pay* for the milk, you just don't want to pay for the jug.

    I think the solution to all of this stupidity is for the bozon game companies to stop charging an up-front purchase price for games that require a subscription.

    Why don't they also charge a "disposal fee" when you cancel for crying out loud.
    • Re:Analogy 2.0 (Score:5, Insightful)

      by Anonymous Custard ( 587661 ) on Wednesday February 16, 2005 @06:40PM (#11693882) Homepage Journal
      Actually, you don't want free milk in the jug your friend gave you, you want to *pay* for the milk, you just don't want to pay for the jug.

      No, it's not that he doesn't want to pay for the jug.

      He did pay for a jug - he purchased a used jug. His friend was specifically authorized to transfer ownership of the jug in section 3B of the eula: "You may permanently transfer ownership of the Game and all parts thereof..."

      Now blizzard is refusing to let him purchase refills for his jug, because the jug does not have a virgin (unused) CD key.

      Currently it seems like it's impossible to transfer "all parts thereof", since in order to use the game you need to establish an account, and a CD-key can only be used to establish a single account. Therefor the "all parts thereof" changes when the game is first registered, and you are left with "all parts thereof except a virgin CD key".

      It seems Blizzard needs to clarify the process for exercising your EULA right to "transfer ownership" to another person.

      Blue?
  • by Jarnis ( 266190 ) on Wednesday February 16, 2005 @06:09PM (#11693514)
    Hah.

    Every MMO launched to date has a single-shot CD-key used to create an account. That means that the used game is worthless. The CD is unprotected and the contents are fairly easily obtainable. Only thing worth anything is the CD-Key, and that's good for only one use.

    Yes, you could sell the game AND the account, but in WoW's case this is forbidden by EULA. You can whine all you want, but if they somehow allowed the re-use of the CD-Key, that would allow basically unlimited accounts out of one box. And whoever controls the account can play the game - box not required.

    Don't buy used MMOs (returned/repackaged/'slightly used'). Any store with half a brain don't take returns of MMOs as once the key has been digged out of the box and copied down, the rest of the box/CD/Etc is quite worthless. CD-Key theft out of boxes in store shelves is a growing problem - many clueless salesdroids dont understand how the bunch of numbers on the paper is the only valuable bit of the game box, so if you buy an opened box, you risk getting a dud that may be painful to return. How do you prove you didn't use the key yourself?

    Now is selling of such 'one-shot' products fine, trampling on the 'first sale' principle? That's whole another discussion. WoW is doing it just like every other game in the genre. And just about every single other game forbids sale of accounts. Others allow the sale of account + box together (only), but such trades are high-risk.

    For example, in Dark Age of Camelot, whoever knows the 'secret word' inputted at character creation can at any time take ownership of the account (change PW, change any other details) by calling game billing support hotline. So even if you get the CDs, the box, the (worthless) CD-key, the user account and the password, if you don't know that you ALSO need a secret word (and you need to change it promptly by calling the company), your account can be taken back by the original owner, and there is absolutely nothing you can do about it.

    Blizzard is just taking the easiest route - if you your account/password ends up in wrong hands, they wash their hands. Sale of accounts is not allowed, and basically whoever controls the username/PW 'owns' the account, and if you complain about account sale/trade issues, they just ban the account as account sales are not allowed. And yes, the box, the CD-Key and the media is totally useless and worthless once the account has been created.
  • Simple Solution (Score:3, Interesting)

    by the grace of R'hllor ( 530051 ) on Wednesday February 16, 2005 @06:11PM (#11693540)
    This key is bound to an existing (probably now suspended, due to quitting) account, with billing information and personal details attached. Of course you can't use that key again.

    However, you now have a perfectly legal copy of the game (even according to their EULA, which must be a first for a MMO game), without a functioning key. The solution is obvious: Have them send you a replacement key.

    They lose nothing, you don't have someone else's baggage, and it should be standard procedure for when a retail key is compromised by store clerks or a 'friend'.
  • A couple days ago... (Score:5, Interesting)

    by chill ( 34294 ) on Wednesday February 16, 2005 @06:12PM (#11693549) Journal
    ...a discussion about EULAs came up in the thread with the Microsoft guy. My contention then was some legal dept wrote it a decade ago and much of it is boilerplate the no one reads. You're just providing an example for my argument.

    In this case, it wasn't YOU that didn't read it, it was the Blizzard guys. EULAs have gotten out of hand. Many of them have language in there that doesn't pertain to anything related with the product at all. It is in there because no one wants to pay the lawyer another couple hours of billing time to review any modifications.

    You are SOL and your only real option is to get your money back from where you bought the game. If you do decide to hire a lawyer and go after Blizzard, expect to pay the lawyer 1000x the difference in the used/new prices of the box -- and probably not get anywhere.

    It would be fun, though, if I won the lotto. Blizzard has proven themselves nothing but a bunch of dicks over their treatment of FreeCraft/Ale and the alternative server networks. I'd love to have the money to fuck them over with their own legalese. :-)
  • by inkswamp ( 233692 ) on Wednesday February 16, 2005 @06:16PM (#11693589)
    As much as I hate to sound like I'm defending this kind of corporate indifference, you have to keep a few things in mind:

    1. Imagine this from Blizzard's point of view. Someone calls up with your story. What do you think their position will be? Software companies must defend their best interests, and willfully going along with any request and any likely story could open them up to all kinds of abuses.

    2. I may be wrong, but I don't think the lack of mention of something in a EULA implies that the buyer has such a usage right.

    3. A lawsuit for such a small amount seems a little bit of an overreation. I would discuss it with the seller and see if he/she is willing to refund your money, and if not (and I would hardly expect it), just chalk it up as a lesson learned. I'm not sure how old you are, but I've lived long enough to know friends who have learned far more expensive lessons than this. I agree that it sucks, but consider yourself lucky to some extent.

    • by drew ( 2081 ) on Wednesday February 16, 2005 @07:32PM (#11694466) Homepage
      1. Imagine this from Blizzard's point of view. Someone calls up with your story. What do you think their position will be? Software companies must defend their best interests, and willfully going along with any request and any likely story could open them up to all kinds of abuses.

      how is this defending blizzard's best interests? this guy is offering to pay them a monthly subscription fee. sure if they ignore him, and don't piss him off to much in the process, he might buy a new version in the store. (once it's available in stores again- who knows when that will be...) what's blizzard's cut on a retial box sale after the store and the distributor take their cut? a month's subscription? two? sounds to me like blizzard's 'best interest' here is to get this guy paying a monthly subscription fee as soon as possible, since the person who bought the box is no longer doing so...

      2. I may be wrong, but I don't think the lack of mention of something in a EULA implies that the buyer has such a usage right.

      if i understand the right in question correctly, the doctrine of first sale legally establishes such a right. if it's not mentioned in the eula, he has that right by default. (whether that right can be restricted in a eula is still hotly debated by both sides, but that is not the issue here.)
    • So essentially you're saying... bend over and take it?

      That's BS. Blizzard PROMISED in EULA 3B that you can transfer the game and all parts thereof to another. A reasonable person would interpret that as meaning you can sell your copy of the game, and the new owner can then pay for a subscription and play the game. Yet according to Blizzard's support replies, there is no way for the new owner to establish an account to pay the subscription to play the game.

      The lawsuit wouldn't be against the friend, btw
  • Easy Answer (Score:5, Interesting)

    by superultra ( 670002 ) on Wednesday February 16, 2005 @06:20PM (#11693642) Homepage
    Have you tried contacting the EFF [eff.org]? My hunch is they're looking for a test case.
  • by Warskull ( 846730 ) on Wednesday February 16, 2005 @06:20PM (#11693643)
    Blizzard's customer service tends to be shaky at best, however you can get a new CD-key. Blizzard has a system in place to deal with stolen CD-keys. Treat this as a situation where you CD-key was stolen or non-functional. Do not tell them anything about wanting to transfer ownership of a CD-key. Keep it simple and tell them only what they need to know. Blizzard honestly doesn't care about what their EULA or packaging says. They do things their way and if the package promised something that wasn't in the game they will tell you tough luck.

    #1) I recently purchased a copy of World of Warcraft
    #2) When I try to sign up for an account the CD-key says it is already used
    #3) I have the original CD-case with the CD-key sticker on it and read on your site I can mail them in to get a new CD-key

    Remember the Diablo II players are famous for their acts of stupidity. They regularly get their CD-keys and accounts stolen. So if you just play the dumb "It says someone else has my CD-key and I don't know why" and then cite their CD-key replacement policy they should do it for you. If they tell you to return it to the store just tell them "the store doesn't take returns" and "it was the only copy I could find."

    You may not be too keen on deceit, but honestly this is the only way blizzard will do anything. While they are fine about jerking around people who buy used copies of the game they will be much less eager to screw over someone who they think bought a new copy of the game that doesn't work.

    More information about the process:
    http://www.blizzard.com/support/?id=aall 0641p
    • by Peyna ( 14792 ) on Wednesday February 16, 2005 @06:48PM (#11693985) Homepage
      Remember the Diablo II players are famous for their acts of stupidity. They regularly get their CD-keys and accounts stolen.

      Actually, the issue with D2 and several other games is that people would buy one copy of the game, open it, write down the CD Key, return it to some place like Wal-mart or Best Buy where they only do even exchanges for opened materials and repeat ad infinitum.

      The retailers are supposed to report these returned CD Keys, but it never happens.
  • No (Score:3, Informative)

    by OverlordQ ( 264228 ) on Wednesday February 16, 2005 @06:21PM (#11693647) Journal
    Read the Terms of Use [worldofwarcraft.com]. The EULA allows the transfer of the GAME, but nowhere does it allow the transfer of the SERVICE.
  • this is pure FUD (Score:3, Interesting)

    by neura ( 675378 ) on Wednesday February 16, 2005 @06:24PM (#11693682)
    This is definitely one of the stupidest posts Slashdot has ever seen....

    If you check the terms of use page linked in the OP, you can plainly see near the top:

    1. Establishment of Your World of Warcraft Account.

    A. You may establish one (1) user account ("Account") with which to play World of Warcraft by accessing Blizzard Entertainment's proprietary on-line service ("Service"), pursuant to the terms, conditions and restrictions contained in this Agreement.

    as well as section 1-E:

    E. Blizzard Entertainment does not recognize the transfer of Accounts between individuals.

    I don't see how this person has any right whatsoever to have a new account registered for a CD key that already has an account registered with it.... it just doesn't make ANY sense. By that train of thought, one person could buy the game then hand it along to every person he knows, letting each new person register a new account and bypassing the purchase price of the game itself.... no sense whatsoever.

    I do think relating it to buying a milk jug and expecting free refills on an empty jug is pretty funny though. ;) By the way, you do not get free refills of the jug if you are the original owner. Not unless you pay for a lifetime of free re-fills. Again, the original poster is just for lack of a better word, insane.
    • Re:this is pure FUD (Score:3, Informative)

      by egburr ( 141740 )
      Section 1-E does not apply; I am not trying to transfer an account. Section 1-A does apply; I am a "you" trying to establish my "one user account". I am not the same "you" as the original owner. The key is not the account; the key is used to create an account. By section 3-B of the EULA, I am now the legal and sole owner of my key, so the original account is now using a key that does not belong to it. The fact that Blizzard apparently does not provide any way for the account owner to disassociate the key fr
  • by sampson7 ( 536545 ) on Wednesday February 16, 2005 @06:32PM (#11693780)
    A $40 copy of WoW is one thing. A $50,000 license is another. But the laws governing transfer of ownership are the same. Copyright law does not differentiate between a cheap game and a high end bit of server software. So this is an important principal, even though the amount of money involved in piddling -- please recognize this before flaming the guy about how "it's only a game" and the rest of that crap.

    The right to transfer ownership of the tangible expression of a copyrighted work is fundamental to our system of intellectual property ownership:
    the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.
    17 U.S.C. sec. 109 (2000). [cornell.edu] I don't quote this provision to suggest that Blizzard is breaking the law, simply that the right to alienate (essentially a fancy legal term for "sell") your copy of a copyrighted work is enshrined in United States law (and in fact, is generally recognized throughout the world).

    So what is Blizzard doing here? It is denying the initial purchaser of the game the right to sell his or her copy (who am I kidding? His) copy of the game in the open marketplace. The initial purchaser of the game agreed to Blizzard's End User Licensing Agreement (EULA) when he first started playing. (Of course, the legal enforceability of these EULAs is somewhat murky -- different states have different laws, although UCITA is the most common attempt to make EULAs enforceable.) Blizzard's argument is that it and its customer entered into an enforceable contract. Both sides gave consideration and both sides agreed to perform certain actions and to give the other side certain rights in exchange for either money or a service provided.

    Now Blizzard (at least according to the poster) is attempting to renege on its side of the bargain, while still (presumably) insisting that the purchaser abide by all terms and conditions.

    A couple of additional thoughts:

    First, don't argue with front-line customer service. Get in touch with Blizzard corporate headquarters or other supervisory personnel. Recognize that, while you are probably correct, it's likely an issue of first impression under the new WoW system and as a pioneer, you're likely to get a slow response.

    Second, make sure that the initial owner of the game took the proper steps to terminate his account before he sold it to you.

    Third, recognize that Blizzard is perfectly correct to be suspicious of someone claiming that, simply because you have the key, it should terminate an existing account. Respect their view on this because it's a world of hurt for them if they wrongly start terminating accounts. I can easily foresee them asking someone five times "ARE YOU SURE YOU WANT TO PERMANENTLY DELETE THIS ACCOUNT? ARE YOUR SURE YOU'RE SURE?" and then getting a complaint the next day that their account isn't working. They really are in a no-win situation.

    Fourth, while yes, I am a lawyer, I'm not your lawyer. Nothing in this post should be construed as providing legal advice.

    Finally, Blizzard needs to get on the ball and recognize when they are wrong. This sounds like a cluck-up. (But then again, first line support people aren't supposed to be interpreting legal documents.) I'm guessing this is more a matter of getting this issue in front of someone with the authority to make it right.
  • by fudgefactor7 ( 581449 ) on Wednesday February 16, 2005 @06:36PM (#11693823)
    You should have told them that you bought a new copy of WoW, and the key is used...goddamn pirates and their keygen programs....
  • by Poseidon88 ( 791279 ) on Wednesday February 16, 2005 @07:32PM (#11694476)
    Interesting... you are correct that transfer of an authentication key is not expressly prohibited anywhere in the EULA or terms of use. Of course, it is not expressly allowed, either. In fact, searching the WoW support site, I find no mention anywhere of their position on transfer of ownership, except that they say you cannot sell an account to someone else. As you've pointed out, you only want to create a new account. I think the problem is that they don't explicitly point out anywhere that once an authentication key has been used to create an account, it is permanently associated with that account. Accounts are not deleted when a person cancels their subscription, at least not for a fairly long period of time. This way, if a person wants to come back later and play again, they can keep their characters. I suspect that whoever you bought the game from will need to go through some special process to get their account permanently deleted before you can create a new one with the auth key.
    • Transfer of the authentication key is expressly authorized and required by section 3-B of the EULA, as part of the "all parts thereof". The authentication key is printed on the CD case.

      Neither the EULA nor the ToU make any mention of the authentication key except that it is required to register an account. There is no mention of the first use of it invalidating it for future use, rendering the retail package useless after that first use.

  • by edward.virtually@pob ( 6854 ) on Wednesday February 16, 2005 @08:51PM (#11695190)
    "used copies of world of warcraft are worthless".
  • by lionchild ( 581331 ) on Thursday February 17, 2005 @12:09AM (#11696581) Journal
    While I don't play WoW, I've been looking at buying a used one. I figured that the key issue would come up, so I did a little research on the WoW website, and found an interesting little entry.

    http://www.blizzard.com/support/wowbilling/?id=a bl 01115p

    I'm not sure if it's useful, but hopefully it might spark some ideas.
  • by Linuxathome ( 242573 ) on Thursday February 17, 2005 @01:06AM (#11696913) Homepage Journal
    Since /. received some flak in the past for having AC posts of Church of Scientology material, I was wondering about posting large chunks of EULAs. If I was to take large portions of EULAs and posted them up here for discussion (as some posters have already done), would I be infringing on copyrighted material?

Lots of folks confuse bad management with destiny. -- Frank Hubbard

Working...