If it came to court, and it was proven to be thier code that caused damage to people's machines, EULA or not, they would have a hard time defending themselves.
not really. Unless you want to argue with court that any program that tries to use your computers max performance to performa function is found guilty of same. then you want to take just about 90% of software programs to court in process. Because you're argument is this. An app that's using 100% load on cpu and gpu is causing it to run hot, therefor, it's programs fault because your computer runs hot. That's ridiculous. You'd have to sue adobe, and everyone else while at it. The point stands. A computer is designed to work at max load, that's what it's made for. Otherwise, what would be the point anyways? It's the user and apples responsibility to ensure that while under that load, the machine remains cool. I have still seen very little evidence anything is frying but peoples tempers. so this patch made the mac run loader cause fans are kicked up a notch. Nothing more then a minor annoyance of some bad cpu/gpu code that does suck. But frying macs? if it fries, you can maybe take apple to court, but blizzard is just going to laugh you out the door.
That'd be like trying to sue folgers because your coffee pot exploded making a batch of coffee. Completely ignoring the fact, that the coffee pot is supposed to make coffee without exploding, even if you fill it to the full line. That coffee pot is desinged to make your coffee regardless if you make a full pot, or just one cup. It is exactly the same with a computer, exactly.
Blizzard will fix it ASAP, however, all they are ever going to acknowledge, or commit to fixing, is game performance, stability, and quality. They have no part in overheating machnies (assuming its even overheating and not just gross exagerations). any machines that ARE overheating, i suggest you visit an apple store asap and get it looked at, because it's not supposed to do that. You tell that "genius" to check the fans, clean out machine, check thermal paste, do whatever, and do it for free. Don't take no for an answer, especially on a macbook pro (notorious for cooling issues)