Account on sale.

In article <utzz3dl0x.fsf.DeleteThis@hotmail.com>,
Tor Iver Wilhelmsen <jadedgamer.DeleteThis@hotmail.com> wrote:

> "Peter Ellis" <pjie2.DeleteThis@cam.ac.uk> writes:
>
> > That's what everyone is saying. It is against the Terms and Conditions, is
> > therefore a breach of contract, and Blizzard is allowed to close the
> > account.
>
> No: Drop the "contract" thing. It's against the T&C, and Blizzard is
> allowed to close the account at any time (since they are not under
> contract to maintain it) and are going to do it then. T&C is not a
> contract, and someone's purchase of WoW is not a contract for Blizzard
> to provide a service.

Actually, it is a contract. It is what is known in lawyer talk as a
"contract of adhesion," i.e. something that's stuck on something else,
like the terms and conditions of a parking lot ticket that says they are
not liable for any damage to your car, theft of property inside, etc.
while you use the parking lot. Sports tickets, concert tickets,
software licenses, and many other things have them as well.

The courts are not consistent about how effective a contract of adhesion
is in the real world, because the simple fact is you, as one party to
the agreement, had no opportunity to negotiation those T&Cs, it was a
"take it or leave it." The one place, however, the courts have tended
to come down on the side of those creating those contracts is in the
entertainment industry and the software industry. There is a load of
case law in those areas going back 30+ years.

The flip side is that like a lot of service providers, Blizzard can cut
you off for behavior they judge inappropriate, and you have no course of
action, unless you want to go pay a lawyer billable hours. It's their
shop and they can refuse service to anyone.

Best, R.E.F.
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