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[Legal] regional court of Hamburg decision from 04. March 2014

Discussion in 'Legal' started by bossland, Mar 10, 2014.

  1. bossland

    bossland Administrator

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    This decision was about selling Diablo 3 gold in Germany on an own website. It is related to Demonbuddy, but could also help us with Honorbuddy.

    We did not win this one, but the court accepted our point of view, and thats what they basically said:

    The Bnet EULA, Bnet TOS and AH EULA doe not apply when you buy the boxed game in the store, based on § 305 II BGB. The box admittedly points to that there is an EULA/TOS and but now where they can be found and how they can be read before the purchase.

    Demnach kommt der Kaufvertrag gemäß § 306 BGB ohne die Allgemeinen Geschäftsbedingungen zustande (vgl. BGH, Urteil vom 11.11.2009, Az. VIII ZR 12/08, Rz. 39- happydigits).

    which basically means: Therefore the purchase is done without the general terms and conditions according to § 306 BGB.

    The instructions on the packaging itself, which should be seen as Conditions in accordance with § 305 I BGB shall not be taken effectively.


    Until here, everything is fine. But imagine that would be the conclusion of the court, and now look at the gaming industry, which is a multibillion business, such a court ruling would affect every single software product in Germany.

    Therefore the court continues, and ignores the Usedsoft vs Oracle ruling rendered by the European Court of Justice on 3 July 2012.

    Have they explained on multiple pages, why the ToS and EULA are not part of the contract, they now need only 1 sentence to say otherwise:

    The Battle.net EULA, ToS and AH ToS are been, - also in the case that the user bought the boxed version - on the point of registration on the battle.net, accepted. <---- Look how easy that was.



    And here we come to a visualized example how this is possible and should be possible by law, or at least the court of Hamburg believes that this is legal:

    I buy a car, i pay for the car, i get the car keys. Now i want to leave the car dealership, but i am not allowed to, unless i sign that:

    - i will always repair my car in their auto shop
    - i will not paint it black or yellow-green
    - and i can not take ppl with me called on the name of Hans

    thats it basically.


    Conclusions, the court saw what is going on, but they do not want or seem fit to follow up on the matter and declare that there is no conctract including EULA / ToS. If they did, that would have a great impact on the whole software industy selling boxed versions. Not that it did not had already -> Usedsoft vs Oracle, but still it will take time,

    now next step is the court of appeals.

    And some other news that we got today, the court of appeals in Hamburg gave us the trial date for the Honorbuddy and Demonbuddy appeals: 15th May 2014
    Both will be on the same hearing.
     
  2. Hat 1

    Hat 1 New Member

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    Not good at all if you ask me

    I say in time blizzard will win over you and this is what it looks like

    Plus there not fully winning and nor are you losing so really it is sort of even so far

    But I do feel they are going to win all cases

    But if you do lose blizzard will and I mean will be able to take any botting company out in no time flat as it is proven that the courts don't like them and are no good in the first place for any game

    When I say they can take them out in no time flat blizzard had to wait a certain time and that was if they cost them money to break them or stuff

    Even blizzard knows they can not break a bot by programming as they are governed by laws which stops this

    I have said it once I have said it many times here this is why you never see mass banns from time to time they do get lucky but in the end they take the botting company to court

    Some of you may remember that blizzard took Bossland to court around the time they had laid off 600 game masters etc because the subs had dropped big time they will do more soon I say because subs have dropped again

    I been playing wow now for 9 years and not gotten sick of it at all I play by hand

    I do feel sorry for Bossland if he does lose because he will lose everything he owns

    I think blizzard feels they need to get rid of bots because they do destroy the game if you don't think this then you do not know World of Warcraft Simple fact of the matter even though the beta of World of Warcraft there was a bot running and doing things as such even on the release date of World of Warcraft there was a bot to buy this is the problem blizzard has faced as there has always been bots so they could not fix the game because of a bots being in the game always so they limit things or make it so you need more items to level a trade skill

    All in all they will win this case against Bossland which I have that funny feeling they will win
     
  3. xmandeh

    xmandeh Banned

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    i'm hoping for all the best but it doesn't sound that good...

    [​IMG]
     
  4. rascal9

    rascal9 Member

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    Legalities always scare me. For one i don't know shit about the legal system especially in Germany. All you can really hope for is that your lawyer kicks ass and knows his shit or were all in for it! Upon a loss would Bossland have to hand over everything or just drop and decease all use of the bot? By everything i mean all emails and purchasers emails that have ever been through the system?
     
  5. nevaeh

    nevaeh New Member

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    alot of wow is being run on being able to bot. ppl supplying ah, gold being made. ppl that dont have time to rep grind all day for an item for pvp or pve... if honorbuddy disappears im betting wow will lose alot more subs then they already did
     
  6. Aion

    Aion Well-Known Member Buddy Store Developer

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    Good point here!

    And I am perfectly sure, Blizzard dont want to ban all the people, who touched Honorbuddy at least once, or they will perform ritual suicide here ;)
     
  7. DX123

    DX123 Member

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    I personally don't think Blizzard will win this one completely. I think its going to be a stale mate. But anyway.. Could you imagine if Bliz decided to ban everyone who ever used HB or any other botting program? Their 10 million subscribers would probably lose 50% or more overnight :) Frankly.. I think they should just leave it alone. I think their biggest issue is that someone else is making money off of their game, which in essence isn't really true. Would they have made such an issue if HB was free?

    DX123
     

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