Consenting to Termination
Your first opportunity to get out of a contract with Blizzard is within 30 days after purchasing your copy of World of Warcraft. If you buy the game, read the TOU and decide you don't want to deal with its silly rules, you can call to return the game and get a full refund of the purchase price. If you registered for an account and accepted the EULA and TOU, you're out of luck for this clause. (EULA Sec. 3)
Now, having accepted the contracts, you can terminate the EULA at any time if you: a) destroy all copies of WoW you own, b) remove WoW from your hard drive, and c) tell Blizzard the contract is terminated. (EULA Sec. 7) These are the only ways to end your relationship with Blizzard that can be done from your end without possibility of penalty.
"Non" Consensual Termination
Just as you as a player have the right to terminate the contract at any time, Blizzard does too. "Blizzard may terminate this Agreement at any time for any reason or no reason." Again, you agreed to this when you scrolled down and clicked "I agree." So even if you want to keep giving Blizzard your money and have done nothing against the EULA or TOU, they can still kick you out of the clubhouse. Remember this the next time you start flaming Ghostcrawler.
Breaching for Termination
A violation of the contract, or "breach," causes a contract to be terminated if it is a violation of an "important" provision of the contract. Important is in scare quotes because what is "important" is defined by a judge, who may have a different view of what is important than you. For example, if you're building a house, and your contractor doesn't put in the brand of pipes you specifically asked for, you can't make him tear out the pipes and put in the ones you wanted. You won't get the house for free. You won't even get the difference in value of the pipes since the judge thinks the pipes are worth the same. You will however, gain immortality by being included in every Contract Law text book.
Now, determining what constitutes a "material" breach in a contract to play a video game is a bit more difficult. In licensing agreements, provisions that limit the scope of the license -- number of copies, who may own them, etc -- are considered important enough that violating them is considered a material breach that leaves the offending party vulnerable to copyright infringement. We'll come back to this point in future discussions of copyright law. Violations of these provisions can entail not just the loss of the right to play but significant fines and penalties.
As for our ability to play, it doesn't really matter whether we breached a material term of the contract, we breached a non-material term of the contract, or we just asked Ghostcrawler one too many times for a pony. If Blizzard doesn't want us to play, we can't. And if our contracts with Blizzard are terminated for any reason, we are required to destroy all copies of the game, including the one on our computer. Furthermore, if the contract is terminated, we cannot get a refund for any playing time for which we have already paid. (TOU Sec. 13)
Let's move on to the topic of two weeks ago: Ensidia. I want to note that I have no dog in the race for a Lich King kill, as I'll get my first kill soloing while everyone else is playing the sixth World of Warcraft expansion, Brann Bronzebeard and the Last Crusade.
(i) Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
(iii) Anything that Blizzard considers contrary to the "essence" of the Game.
Admittedly, these guidelines are rather vague, and deliberately so. However, place me firmly in the camp that believes that seeing bombs rebuild things instead of blowing things up and then taking advantage of that fact is exploiting an "error in design." Instead of pitching a hissy fit, Ensidia and all other guilds and players should acknowledge the challenge of building such an intricate game and not use exploits and bugs.
So absolutely horrified that Blizzard owns all "your" pixels, can publish "your" information, and can terminate your account at any time? Tune in next week to learn how to change a contract you've signed with every lawyer's favorite legal doctrine: unconscionability.This column is for your entertainment and enlightenment only. Information handed out in this column is not to be considered legal advice. If you have real legal questions, please consult a real lawyer.