Thanks Sinsanity for your response.
Yes, I had misunderstood the part about ownership (of the Editor).
Term. This Agreement is effective upon your downloading and installing the Editor, and shall remain in effect until it is terminated or superseded by a new Editor EULA presented to You by Blizzard, or, if neither of the foregoing events occur, as long as you continue using the Editor.
That’s all that’s really said regarding the term of the EULA.
I don’t think so. There’s not much mentioned about third-party stuff, mainly this:
The Editor may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement.
That would lead me to believe that Sinsanity, as the owner of SCMDraft, is still the owner, even though Blizzard endorses the usage of it. I don’t think Blizzard can actually do anything about SCMDraft, other than offer recommendations.
There is this, right at the end of the EULA:
This Agreement, along with Blizzard’s other applicable agreements located on Blizzard’s Legal Documentation page, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
If a person has been using StarEdit under the old EULA, is Blizzard really allowed to write a new one and enforce the new terms on that person, without them even having a copy of the new EULA? (i.e. This seems to require users of StarEdit to have to constantly check Blizzard’s website in case they release a new version.)
The original EULA for StarEdit showed up the first time you used it, and you had to agree. Therefore, I can understand it is enforceable. This new version that Blizzard have allowed for download has a EULA document contained in the zip file, therefore I can (somewhat) understand it is enforceable. But if they release a new EULA, and only put it up on their website, can they really enforce that? I would have thought they would be required to notify users in some way.
The other question is how on earth Blizzard will be able to know if StarEdit or SCMDraft was used to make a map… obviously if a feature of SCMDraft is used, it’ll be obvious. But what if a map is made that fully conforms to the StarEdit limitations? Is there an automatic stamp somewhere that says it was made using SCMDraft? That way Blizzard would never be able to steal users’ intellectual property.
That’s still funny!