Well then do it as an experiment, and report back what happens. Use everything, file a claim, then get a lawyer. I’m sure that works out swimmingly.
incorrect. It is totally legal to sell a product with a future release date that has yet to be determined. In fact it happens all the time that a product is presold and is never released.
The only promise Blizzard has given is that when it is released you will own the right to play it if you have a current subscription.
I don’t live in Europe so it doesn’t apply to me.
All I am trying to say is that Europe has extremely consumer friendly e-commerce laws. Like how…specifically…its illegal to sell a digital product via pre-orders without a firm release date.
There have already been lawsuits about this issue in Germany.
Not in Europe. Its illegal to sell pre-orders on digital content without a firm release date.
https://www.eurogamer.net/articles/2018-07-16-vague-release-dates-for-pre-orders-banned-in-germany
How have the lawsuits gone?
Can’t say I’ve heard the rumor to be honest. What happens, happens.
All I know for sure is, my sub is going to lapse until 8.3, where I’ll buy the Pre-Order for the included 30 days, and once that’s run out, my sub will lapse until 8.3.5 or 9.0.
I’m not going to renew for 8.3.5 unless it’s got some very tempting stuff, by which I mean, Allied Races.
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https://www.eurogamer.net/articles/2018-07-16-vague-release-dates-for-pre-orders-banned-in-germany
High Court in Germany ruled that its illegal for any company to sell digital pre orders on a product without a firm release date. This was after a claim was made against a German retailer over a pre-order.
So it went well for the consumer. Since the practice is now straight up banned. Stated as being illegal.
Has anyone gotten money back?
Have they spent more on lawyers than it would cost to just buy the expac, then not use anything?
Here in California, where Blizzard is based, and where the product is made, and where they sell it from, it is totally legal to pre-sell a game without a release date.
Blizzard is only bound by California Laws. However they can choose if they want to do things in other countries based on the laws of that country, but they are not obligated to.
Blizzard did state a date though. “By or before 31 Dec 2020”.
Date doesn’t have to be specific to still obligate the company to perform to the claim, the obligation, they placed themselves under.
Wrong.
Blizzard is bound by the laws of every country they do business in. They can’t sell something in Germany under California laws. If they want to sell something in Germany they have to obey German laws.
Just like if a German company wants to sell something in America they have to obey American laws.
No clue. But the fact its illegal is my point. Blizzard won’t openly do something illegal to hurt their business.
And my point is that they will have more problems trying to sue then just being cautious.
Your argument circles around a retailer. That’s different than a company who is actually developing the product.
I strongly disagree. Since in most cases in Europe the person effected doesn’t even have to take up the case.
Like I said. Europe is extremely big on e-commerce consumer laws. If Blizzard attempted to openly break them, there would be legal ramifications. It wouldn’t just be someone suing for money back.
It would be the gov’t taking up the case and pushing a fine on Acti-Bliz.
So when you pre-purchase Shadowlands from Acti-Bliz…are they not a retailer?
Well let me know when that happens. I predict that if it does happen, there will be lots of posts, and CS will tell them they used part of the product so refunds are null and void. People threaten to sue them lots on here and it goes nowhere.
Considering I strongly believe it won’t happen, because Blizzard won’t put themselves in position to be fined by the EU over this. They will merely release the product when they stated they will.
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Its not the same as a shop like Gamestop putting out false information to pull in sales. Blizzard is the developer and producer of the game, they are allowed to set a time frame for the game, and push back the release date if necessary, even in Europe, unless the courts decide otherwise.
Your argument is based on a court decision against a reseller that had no actionable authority on the release date of a product.
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Only if they open shop in that country, specifically. Blizzard EU has offices in Europe, and they only have to obey the laws of the countries they specifically do business in. If the EU offices are in France, and house all servers in France, than France is the only county in the EU Blizzard would be required to follow the laws in. I can as an American sell a product from a Website here in the US and have people from every nation buy from me, I am only required to obey my Laws.
Blizzard likewise is only required to obey laws where they have offices. Now as it has been pointed out, there is a release date. December 31st 2020. That meets the legal requirement of Germany, they also have servers in Germany, so the German staff has to obey German Laws. Just like the Chinese staff has to obey Chinese Laws, and the Brazilian Staff has to Obey Brazilian Laws. Blizzard HQ in Irvine California has no responsibility to Obey any Laws besides the City of Irvine, Orange County, the state of California, and the USA. Each office opened in Each place outside of this has it’s own duty of responsibility which is separate from Blizzard HQ.
If you attempt to sell a product online in Germany, as in international company, in such a way that breaks German laws. I feel extremely confident you would be shut down, fined, brought to court, etc.
Nope. And I have sold products to Germans, which I know for a fact are illegal in Germany. My site is housed in California, and the only Taxes I use are Los Angeles CA taxes, my product is 100% legal in California, and I am allowed to sell online with no over site from any place other in the world. Just because it is illegal to sell certain designs and images in Germany means only the Buyer is breaking any German laws, not me the seller who has a DBA in California.
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From whom?