Section C3 of the End-user License agreement you agree to when you purchase the game:
Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Platform for any purpose not expressly authorized by Blizzard, including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1.B.v.3.); (ii) gathering in-game currency, items, or resources for sale outside of the Platform or the Game(s); (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, Blizzard’s Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
Except they aren’t and I went into detail as they aren’t in my post above. Blizzard literally responded and said D2jsp isn’t against ToS. Until someone at Blizzards offers something different there is no reason to believe it is against the ToS.
This rumor that D2jsp is against ToS is just speculative and misinformation that has been spread around for ions from the crowd that doesn’t like them.
What’s hilarious is this has all been covered both by a lawyer and response from Blizzard saying D2jsp isn’t against ToS. This very thing you just linked. It’s literally time-stamped in that video.
Keep in mind Cooley signed a contract for D2 and violating the ToS could void his contract which is why he sought out the Legal team to make sure he wasn’t going to violate the ToS with D2jsp. The legal team gave him the okay that D2jsp is fine and to not worry.
There is literally tons of evidence that D2jsp isn’t against the ToS from Blizzard, from legal teams and lawyers. Yet there is ZERO evidence saying D2jsp is against the ToS, it’s just speculative nonsense that needs to stop. If you don’t believe it you just are ignoring the facts and that is on you.
I think this is the most relevant section to the conversation. And I guess (I’m an accountant not a lawyer) it depends on your definition of ‘sale’. I’d guess that sale means selling in game items for real world currency. No one can sell items on eBay, for example, because it’s items for cash. So Blizzard told eBay they can’t do it.
I remember 20 years ago when I sold my vanilla WoW account for 350$ on ebay. I think i was one of the last people to do it on that platform.
Correct, things like Ebay is a violation of the ToS. However trading sites like D2jsp aren’t and we have confirmation from Blizzard and legal teams.
On a side note Ebay has been selling D2R items which, I’m not sure what changed. As you said digital sales especially for WoW were discontinued. However D2R items aren’t currently, go take a look. Has Blizz turned a blind eye? Or something else? That is another discussion though.
and the reason why they ban the account is because it’s an UNAUTHORIZED CHANNEL being used for BLIZZARDS IP.
The same exact situation also applies to any 3rd party websites as they ARE NOT AUTHORIZED to use Blizzards IP in any way
Using sites like d2jsp is doing the exact same thing as selling an account on EBAY it’s just there is an additional step in between.
One interesting fact about the people quoting the TOS, is they are cherry picking parts of it that conveniently do not contain anything in it that would show they are wrong.
They are also purposely ignoring where in the TOS it is.
Here is a reddit post that has exactly where in the TOS it’s against Blizzard policy to use 3rd party websites.
What will happen next is people replying here, will go to that link read it and manufacture made up replies that seem logical but are blatantly false just to continue saying 3rd party sites are not breaking tos. they will try to split hairs because it only says account. so it doesn’t apply to individual items.
People who argue against this are failing to accept and understand is it’s Blizzards IP and unless Blizzard authorizes the use of their IP, it means anyone using it outside of authorized channels, is 100% violating tos the legal reason the word ACCOUNT is used is because that word covers and applies to everything involved in the account which includes the individual items. Account is blanket term used to to cover everything about it.
Never seen such trades on HC (not saying they don’t exist). Prices have been pretty stable for HC in the last weeks.
If that’s true and works, that’s actually impressive and I can’t really be mad about it tbh.
Edit after reading the whole thread: sorry guys, I didn’t want to interrupt your 100th JSP discussion. Feel free to continue.
It’s appropriate that you put quotes around “factual” since this magic Blizzard employee referenced by the YouTube entertainer is unnamed and what he allegedly says is unverified and uncitable. Neither is the entertainer’s “lawyer” friend named and his alleged claims are likewise unverifiable and uncitable.
Matter of “fact”, I’ve spoken with seven different Blizzard employees of various levels and they all told me that d2jsp is against the ToS and bannable. Then I hired three separate law offices to look into it and they’re all in agreement that it is against the ToS.
Lamo u would make the worst lawyer in history. What u linked has nothing to do with trading items.
What u linked has to do with trading gifting or selling ur account. Says nothing about in game items.
No ACCOUNT is not a blanket term used to cover everything about the account. All this says is u cannit trade gift or sell ur account. Says nothing about in game trading at all. It also states right in what u linked that blizzard does not recognize account transfers. Selling trading g or gifting ur account is breaking ToS. Not trading for a ber or shako
Part of ToS that actually talk about trading in game is this. Which has been said already.
Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Platform for any purpose not expressly authorized by Blizzard, including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1.B.v.3.); (ii) gathering in-game currency, items, or resources for sale outside of the Platform or the Game(s);
From a legal POV This is talking about sell items for real money. Its not saying trading via d2jsp is breaking toss its not. U also forget there are many other trade sites not just d2jsp.
Notice how ACCOUNT is not used once in this part of the tos. If it was a blanket term it would be used here. Which its not.
What ur doing randy/stanner is trying to make tos say something its not legally saying. Legal definitions of words are not really the same as ur dictionary definition
Blizzard do own your account, not you. By that logic is content of account also theirs. How can you sell something you dont own outside of game space they provide for that purpose?
Legally that is talking about the account side nothing to do with items in games for said account.
Yes I know blizzard own our accounts and anything in them. If u actually read the ToS there are separate areas speaking about items in ur accounts. And these terms are not the same. Does blizzard own those item yes they do.
What randy/stanner posted was talking about the account itself not items. As u can see from what I pasted right from the ToS.
when it comes to your account (no game items) you may no gift, trade or sell your account.
part i pasted is talking about items or in game currency weather that be a jah, ber shako or gold. tos states you can not sell for real world money. you can how ever trade or gift these items. which players do all the time
I mean, wasn’t there some court battle/ruling with blizz and JSP where it was found that JSP was A-Okay? That Blizz couldn’t do a thing about it? Idk if Blizz “literally responded that JSP wasn’t against ToS”, but the justice system literally did. At least, if I’m remembering correctly. I’m not exactly a JSP person so I really don’t know
I’ve yet to see a source for this where anyone can actually read it on what happened (if this is real at all).
Also it’s one thing for d2jsp to be legally able to exist and operate, and quite another for what users do on it to be a bannable offense for their Blizzard/ D2 accounts.
And then there are those of us that trade things for slightly less than the going rate.
We also will only pay so much for what we want.
I trade stuff all the gd time in game.
Yesterday, got 5 puls, mal, ist, um, trapgc, hoz, hilords…all for the same prices as i got over a decade ago.
I have never used a trading site, nor will I.
But by trading it for forum currency, to buy other D2 items is the same as trading it item for item in game, but in a round about way. It streamlines the trading process. Instead of me having to trade my XX item for 10 ist runes, and trade those 10 ists for 3 ohm, and trade those 3 ohms for 1 ber (not exact prices, but you get the idea hopefully) I can trade my item for 500 forum currency, and trade the 500 forum currency for a ber rune. Have Blizzard make a trading forum and we will talk. They can even make their currency purchasable (which would net them some serious $$) but only tradable for d2r items. People might start using their site for trading, but the fact that in game trading can be painfully long winded just takes the fun out of it. Sitting in a game called “My _____ your script” and waiting for an hour for someone to show up is ridiculous. Even the modded servers for D2 have built in trading forums because they know the base idea is better than in-game trading.
No it definitely is not the same. If you trade item for item you will get the item. If you see item for FG, you have nothing in hand. You have only virtual currency you dont even own. Owner of JSP own all FG.