Considering that every user pays a subscription cost commonly referred to as game time, one can surmise the product being purchased in fact measured in time.
Advertised in an amount of days i.e. “30 days of game time”
Simply put any measurement of time of use of the service is subject to a “rate” at which a user is expected to pay for.
The current queue times on “mega-server realms” is 2 - 5 hours and an estimated population of 15-30,000 players on these realms.
The argument can be made that server selection is a choice, and that free character migration has been provided.
However, character migration directly affects the use of the end product, and results in an equivalent time-loss issue.
Mmo-rpg genre titles are designed specifically for long term social interactions as well as character growth and development in mind, and server migration is a significant set back to the point where it is simply not a viable solution.
The question I raise is at what point does the collective denial of service paid for allow action on behalf of the collective consumer.
Estimating the amount would lead anyone to assert that should a corporation occur such loses (one such as blizzard activision) a lawsuit would begin with immediate action and extreme prejudice.
A quick glance at the math,
30 days = $15
1 day = $2
1 hour =  $0.08
Queue impact estimation:
30,000 players across mega-realm servers, a conservative estimate of queue participants.
an average queue wait time of 2.5 hours.
this comes to a total of $6,000/day of the average queue times experienced.
This does not account for personal consumer loss of Energy consumption to remain active in said queue’s, however this would vary and is hardly the responsibility of blizzard activision.
In short,
if Blizzard Activision were losing $6,000/day on average due to a paid service being unusable it wouldn’t re-occur for more than two days without swift repercussion.
Perhaps if any of you are lawyers you could weigh in on this, but I do believe there is at least a foundation for a class action case to be formed on the basis laid out before you in the above post.
As I’m certain their is a poster in Blizzard Activision’s break room that states:
Time Theft is Theft.