Regarding the following:
- Granting certain users who are not acting as agents of Blizzard ltd the ability to “ban” other users from being able to play the custom game
- Granting certain users who are not acting as agents of Blizzard ltd the ability to “restrict” other users’ experience inside the custom game in a manner which impacts gameplay
- Engaging in use of both of the above abilities despite not being an agent(s) of Blizzard ltd
Blizzard’s Custom Game Acceptable Use Policy lays out guidelines for what custom game authors should and should not do with their games. This document clearly states that the above activities are outside what Blizzard deems “acceptable use” of its property.
The objective of this document is undoubtedly to protect Blizzard from liability claims resultant from Section 1. B. of its end user license agreement, wherein Blizzard lays out its grant of license to play “Starcraft II”. It can be trivially argued that there is a clear expectation of a user’s ability to play published custom games inherent in the purchase of such a license, at which point the revocation of such an ability excepting under Section I. C. of the end user license agreement is an activity in breach of the license agreement. Furthermore, it can trivially be argued that any of the activities listed above constitute the revocation of such an ability.
The Custom Game Acceptable Use Policy, then, exists so that Blizzard can argue that any such activities are outside of what Blizzard deems acceptable use, and therefore Blizzard should not be legally liable for their perpetration in breach of the end user license.
However, it is my understanding that negligent failure to act to rectify a breach of the end user license after being informed of the breach would open Blizzard to a class action lawsuit by those users who were harmed in the form of inability to use the product licensed to them, i.e. an inability to play “public” custom games.
Whereas the author(s) of the game “Parasite Zeta” and several certain users designated by those author(s) have been engaged in these activities for a duration of no less than one year, and there is considerable documentation of such activities by those persons, this document constitutes a notification of Blizzard ltd that such persons are engaged in well-documented action in violation of Blizzard’s Custom Game Acceptable Use Policy, that the game “Parasite Zeta” is in violation of Blizzard’s Custom Game Acceptable Use Policy, that failure by Blizzard ltd to act on this notification within a period of one month is likely to constitute negligent failure to provide users with the full form of the licensed product, and that this will presumably render Blizzard ltd open to claims of damages.
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A few issues:
- EULAs are not legally binding nor can they be used as the basis of a lawsuit as they are not admissible in court as they are considered contracts of adhesion and are unacceptable pursuant to the Uniform Commercial Code.
- Blizzard wouldn’t be at fault, the custom game would be and the most that is required of Blizzard is the removal of Parasite Zeta from Arcade
- The License given by Blizzard allows them to modify the game and access to the game at any time without warning. This was recently directly applicable when the ladders were merged RE: the “removal” of WoL/HotS ladder.
- The Custom Game Acceptable Use Policy is not in anyway tied to the EULA nor is the accessibility of a Custom game. A violation of CGAUP does not affect the EULA agreement. The argument that a particular custom game or that any custom game follows CGAUP is not a trivial argument; it requires that you establish a clear connection between the two (EULA and CGAUP) as well as proving that the violation of CGAUP literally prevented you from using the total service of SC2. It would also require you to ignore the aforementioned protection of Blizzard being allowed to not only modify but completely terminate access to the Service; on top of that you’d have to find means of proving that the following precendence are inapplicable, which established why EULAs are not legally binding.:
Step-Saver Data Systems, Inc. v. Wyse Technology
Vault Corp. v. Quaid Software Ltd.
So, please, open up a class action lawsuit, I wanna see how far you end up in debt due to billable hours before you give up.
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I ve been recently abused by the creator of Parasite Zeta, Dimento, is that bannable then? He basically gave his friendlies op spells which disrupted the game, resurrected them if killed, and me as the evil role, the host, complaint about this then i got kicked from the game, my karma lowered to 15 (karma is a mechanic to prevent trolls) but this is not the first time i get abused by mods or even the creator, even new players have to register on discord or they get insta killed in game if they shoot an innocent crew member. So I just wanted to know if all of this is reportable to blizzard, thank you.
Sounds like it’s time to bring back WoL and HotS ladders.
The two other living people in the entire world that want that would be very excited
Just like they ‘thought’ they wanted WoW Classic, but really didn’t. Now this whole BC business is just a mass hallucination. Praise Acti-Buzzard for cutting costs - er - consolidating the ‘community’ by removing options from products already purchased.
Let’s wait and see how broken / featureless D2 Resurrected needs to be for it to garner two other living players.
Not to mention once it is removed the point of any lawsuit would be moot. So even if there were a basis to sue there wouldn’t be a basis to sue.
I’m eager to hear what you have said to get banned.
EAGER TO HERE.
True, but only if Blizzard enforces the user policy in court first. If they enforce the policy and win, it will open them up to liability.
The reason they have to enforce it first is they will have to make a bold claim that the custome games belong to them, they will put in writing all the necessary things for a liability case. Atm it isn’t realistic, Blizzard could move the goalposts anywhere they like.
Hello people of this page, 2 things the game is great but that staff ain’t to friendly (I annoyed dimento snd got banned perminantly). They are also kinda grouchy I encorage you to play, really well crafted game. make sure to follow the rules and once you sign in on discord don’t talk much ownly be there on official business trust me it got me banned. Also for tips I suggest you don’t role quit read up on your role every game and definitely don’t troll. The devs do suck got banned wasn’t even a troll just asked about the patch one to many times, Aslo I cursed at dimento with that sizzled res and spell crap he always does three the game s as me ruined it and his friends just won.
Hello to the people of the americans, I am a person who plays starcraft 2 legend of the void and own starcraft 2 wings of liberty, starcraft 2 heroes of the swarm and starcraft 2 legend of the void. After purchasing and agreeing to three different illegally binding EULA’s and agreeing to every variation hereupon patch note updates I was recruited as a developer of Starcraft 2’s custom game Parasite - Zeta, successor to Starcraft 2’s custom game Parasite - Test. After meeting dimmenendto in person at a gay bar, I can confirm that he is indeed the developer of Starcraft 2’s custom game Parasite - Zeta, and looks like a daemonic figure from the heretical game Dungeons and Dargons 3rd edition by Wizards of The Cost. Being a daemon he is bound by all EULA’s and TOS’s and must NEVER break them else Azmodeus destroy his very fabric of being. He could never possibly ruin games of Starcraft 2’s Parasite - Zeta other he himself would be broken and torn asunder and be reverted to a lowly implette.
Peoples of american please calm down, news of the fake plague the world!
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Cool names, too bad it doesn’t exist.
Devils are the ones bound by Law and contracts, Demons are just chaotic and destructive, and lie all the time.
You clearly do not know D&D that much.
2 Likes
do u imply that only ghhhey can make such a dumb costum gaem