Diablo® III

Legal Perspective: Witnessed a Scammer Get Banned

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if diablo wants a set price to items than maybe idk make a set price range??? its not hard runescape did it lawlz and that's jagex the drunken monkeys of programing im sure blizz could do a lot better lolz
For those who say this was not a scam cuz the buyer/victim did not have to click OK to accept the trade, there is a similar situation in RL.

Hacking by social engineering is where the hacker manipulates the victim's mind so he will open an email or attachment or visit a site that contains some malicious code. In such a case the victim does not have to click to open the malicious email, attachment, or link. But if he does, the hacker would still be guilty of criminal hacking despite the fact that the victim was conned into taking a voluntary action.
Perhaps they could just add one more buyer beware safeguard to protect against intentional or unintentional "scam" trades.

Anything that is traded, is treated much like an item that is initially added to the auction house. You have 5 minutes to change your mind. You have 5 minutes to review you last trade and during this time any item or funds cannot be traded, sold, vendored, or used for spare parts. If you realize you were scammed, just hit the "undo last trade" and be done with it.

This trade protection option would be defaulted on, but could be disabled.

Then Blizzards policy could be - "If your scammed during a trade, its your own fault."
At some point you have to stop feeling sorry for the victims. Everyone is quick to blame Blizzard for incompetency, when players can be even worse.

The problem with creating a better mouse trap is you get smarter mice, or...
Make something idiot proof, and you'll find better idiots.
You have admitted that your friend was intentionally scamming players.

Was a perma ban heavy handed? Maybe.

Will anyone here give a single shiz that a turd is no longer able to play this game? NOPE/
The sheer number of internet lawyers on this thread is staggering.
Good job, BLIZZARD! You finally did something right! Ban all these scammers! Poor schmucks can't get loot and gold the legit way, these people are not gamers, they are scammers. Get them the f*ck out of the community!
Diablo III Scam Policy:
In Diablo III, players are provided with the means to protect themselves from scams and are responsible for using good judgment when trading with others or using the Auction House. Because players are empowered with secure trading systems, Customer Support will not intervene to transfer loot or provide restoration for players who lose items to scamming.
See: us.battle.net/support/en/article/diablo-iii-scam-policy


Blizzard cannot use scam policy as a basis for account action because they don't have one. So what rule did he break? Being a jerk will not get you a friend, but it does not mean your paid privileges can be arbitrarily taken away without a fair process.


I've been playing blizzard games for years and I have seen many quotes from their TOS. Many quotes have gotten me to read lines of TOS myself to confirm them. There are many mind blowing things that many people just have no idea about because they haven't read it.

For example you don't own any of the games you purchase rather you purchase the right to play while Blizzard can choose to take away that privilege whenever they damn well please. You agreed to it believe it or not.

Obviously they are not going to ban lightly because they want people to play the game as much as possible, but when it is in fact time to ban someone there is nothing anyone can do about it.

So at the end of the day you can read through their policy for scamming all day long because you won't find the answer there. They don't need a reason to ban you. Banning you for no reason is completely within their rights.
Edited by Malevo#1666 on 6/10/2013 7:22 AM PDT
06/10/2013 06:27 AMPosted by Zuzax
The sheer number of internet lawyers on this thread is staggering.
It doesn't take a lawyer to read terms of use. I can't speak for those who aren't simply quoting TOS however.
For those who say this was not a scam cuz the buyer/victim did not have to click OK to accept the trade, there is a similar situation in RL.

Hacking by social engineering is where the hacker manipulates the victim's mind so he will open an email or attachment or visit a site that contains some malicious code. In such a case the victim does not have to click to open the malicious email, attachment, or link. But if he does, the hacker would still be guilty of criminal hacking despite the fact that the victim was conned into taking a voluntary action.


I don't really understand what point you are trying to make. Hacking another persons computer is illegal and a persons choice in opening an email has nothing to do with it. It is not as if the email is saying IF YOU OPEN THIS YOU AGREE TO GET HACKED BY "NAME HERE".
Edited by Malevo#1666 on 6/10/2013 7:36 AM PDT
By many people's reasoning "blizzard owns the game, and has the right to do whatever they want" in that since you all would be fine with the government taking all your money when they want or take away any rights or laws whenever they want, and you should continue being sheep.....
06/10/2013 06:27 AMPosted by Zuzax
The sheer number of internet lawyers on this thread is staggering.


Oh, you didn't know? Everybody who talks about something on the internet just so happens to be either an expert on the subject thanks to decades of experience, has a PhD in the field the subject falls in, or is currently a student in the field the subject falls in. At worse, the person has a friend that just so happens to be a person fitting into one of the above categories and has filled them in to the point where they are also an expert.

It's quite amazing.
06/10/2013 07:29 AMPosted by Malevo
The sheer number of internet lawyers on this thread is staggering.
It doesn't take a lawyer to read terms of use. I can't speak for those who aren't simply quoting TOS however.


It also doesn't take a lawyer to know that companies like to put unenforceable clauses in their ToU and EULA to attempt to deter legal action.
>.> very long discussion for something that has been summarized by the title...

Scammer gets banned.

So why even question the nuances of what is a scam and what isn't a scam, the OP himself is admitting that it was a scam.

He's just literally questioning whether banning a scammer is legal or not which is stupid.
06/09/2013 12:51 AMPosted by Soupermann
how many people have been arbitrarily banned this way


Arbitrary bans are already in the ToS and you accept to be even arbitrary banned if they wish it.

This basically means that when you are banned the reason they state in the ban is completely optional, and could read: "because we like it".
Edited by marsovac#2732 on 6/10/2013 9:23 AM PDT
06/09/2013 02:14 AMPosted by Soupermann
Yeah forget the talk about lawsuits.


That is the only thing you have said in this entire thread that isn't mind-numbingly stupid.
There's nothing arbitrary about banning someone for scamming someone in game. There's no reason to focus on the "for no reason" language relating to license termination. Let's focus on the language they would actually cite, which is "for any reason." And in this case the reason is a legitimate one - scamming.

When Blizzard starts mass banning accounts for no stated reason at all (which will obviously never happen), then you can focus on the "for no reason" language in the TOS.
Pretty sure there's some clauses on griefing that gives Blizzard the right to do this.

The player who was doing the scamming deserves the ban in my books. There are many many scams available, some much more sinister than this, yet most people are decent enough not to try them.

Anyone lacking ethics should be excluded from a herd of people with them.
>.> very long discussion for something that has been summarized by the title...

Scammer gets banned.

So why even question the nuances of what is a scam and what isn't a scam, the OP himself is admitting that it was a scam.

He's just literally questioning whether banning a scammer is legal or not which is stupid.


He's spending thousands of dollars to get a degree that he has little chance of using once he gets it, what do you expect.
Someone should really teach "Soupermann" basic law and how the world works.
Whatever one's ultimate opinion on the issue, the OP is right in several regards.

That a condition is stated in the terms of use is not determinative on that issue. Courts can and will set aside terms which are unfair or unethical; they do it all the time. How many of you have ever parked in a public parking facility? You know that neat little ticket stub that automatically prints out and attempts to excuse the lot owner of ALL liability for any damage to your vehicle or property? You really think that if they negligently maintain their structure and a piece of concrete breaks off the ceiling and smashes my car, I have no claim because they said so in writing? Wrong.

OP is right that many terms are inserted into a variety of agreements/contracts in hopes that they dissuade would-be plaintiffs. That doesn't necessarily mean they're valid.

People insisting that Blizzard's license to play D3 is granted for an indeterminate time are misguided. We can certainly debate under what conditions they're entitled to revoke the license, but this isn't akin to an at-will employment situation. They can't charge $60, revoke it the following day for no good reason and claim, "Hey, we said we can take it back whenever and for whatever reason, sorry!" The presumption would be that the license exists for a reasonable amount of time, and would probably be governed in this regard by the industry standard practice (i.e., that the license extends until they close the servers, unless the user violates the reasonable express terms of use).
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