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01-21-10, 03:18 AM   #4
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Originally Posted by cloudwolf View Post
I don't think we have a right to complain too much about it. We can make requests; but full blown complaints I don't think we can't. The only question about the EULA ToU I wonder about is because its a simple i agree and not a signature to bind the legal document is it in fact legal?
It's very legal.

**I AM NOT CURRENTLY A MEMBER OF THE BAR ASSOCIATION IN MY PLACE OF RESIDENCE. CONSIDER THIS "INFORMED DISCUSSION", NOT TRUE LEGAL ADVICE.**

Ahem, as I was saying...

Most (if not all) software license agreements are a type of form contract known as an adhesion contract. These kinds of contracts were designed so that businesses could easily form legally-binding agreements with large numbers of people. They do this by a crude but simple legal mechanic: there are no negotiations whatsoever between parties, and the contract is presented it its' final and only form for acceptance by the other party. It's essentially a "take it or leave it" basis.

What this means is that the offeror hands out a cookie-cutter contract with very broad terms, and gives you (the offeree) a choice: accept this contract as it stands, or don't. When it comes to something like software (which contains language to the affect of "we control your use of our product"), it's essentially "agree with whatever we say in this document, or you cannot use our product/service/whatever".

Then, they give you the means to make that choice. How that choice is made depends on the language in the contract, and is part of the agreement (i.e., "Clicking this 'Accept' box is a declaration of acceptance of this contract"). Again, "take it or leave it". This also serves another purpose: it forces you to consider that choice (by giving you both options and making you decide which one to choose...what I mean is that you're clearly offered the option to turn down the offer). They also (and this is HUGELY important) show you the terms you're agreeing to. Otherwise it's non est factum and not legally binding.

And keep in mind...it doesn't matter if you read a single letter of the contract. If you accept the terms presented to you by the offeror, it's set regardless of your knowledge. This is commonly known as "ignorance does not excuse" (i.e., "I didn't know the gun was loaded" is not an acceptable reason to dismiss a shooting). Obviously if there's anything in there deemed particularly heinous ("all ur stuffs is MINE!") unconscionability comes in to play and you've got a case (depending on the severity...it's really pretty subjective. Many jurisdictions consider "shock value" an indicator).

Now after all this, there's just one thing left to make it a legally binding contract: capacity. Are you capable of accepting a contract? That's really something that can't be decided by anyone but the court. However, unless you're a pre-teen, physically incompetent, or severely mentally unstable...there's not many courts (if any) that would side with you.

So...there's really nothing from a legal standpoint you can do about the RSS feeds. In fact, there's really nothing you can do about anything regarding any type of information Blizzard has control of unless they explicitly state that said information is to be protected (like your email and physical addresses, name, and financial information).

Personally, I don't care. The people who run with me know what's up, and the people who refuse to aren't making the game fun for me. I'll stick with the four awesome people in our two-guild consortium of people who *gasp* still play the game for fun...the way it was meant to be.

So excuse me...I'm off to see how many penguins I can get to follow me at one time.
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