So, apparently, Blizzard has some sort of policy wherein you are not allowed to transfer (not just not sell, but you cannot TRANSFER) accounts, in spite of what their EULA says...
Herein is the wisdom of
Norman Harms. Notice how he threatens my account, in spite of having no real idea of what account exactly it is. It is also charming to note that, in spite of making it clear that I was auctioning the account in my first email, I had to send a second email in order to clarify that I was, in fact, selling my account. Hmm...
~`~
Hello,
If you are attempting to transfer only the physical software and
manual,
Blizzard Entertainment has a procedure to facilitate such transfer.,
however, you are not allowed to sell / transfer any WoW items (e.g.
characters) or game account.
Section 1E of the TOU states as follows:
E. Blizzard Entertainment does not recognize the transfer of Accounts,
and any authorized transfer of the World of Warcraft software (as set
forth on the worldofwarcraft.com website) will result in the permanent
deletion of the Account attached to that software. You may not offer
any
Account for sale or trade, and any such offer is a violation of this
Agreement and may result in suspension or termination of the Account.
It doesn't matter what you label it (i.e. "selling your time") or what
"disclaimers" you include in connection with your auction, you are not
allowed to sell accounts and that is exactly what you are doing. In
addition, commercial exploitation of the product is also prohibited in
the World of Warcraft EULA and/or TOU.
Let me know if you have any further questions, otherwise I will
consider
this matter closed.
Best regards,
Norm Harms
http://www.blizzard.comBlizzard Entertainment
If you respond to this email, please attach all previous messages and
files relating to this issue.
-----Original Message-----
From: Feral [mailto:feral_stone@yahoo.com]
Sent: Tuesday, March 07, 2006 7:07 PM
To: Norman Harms
Subject: RE: eBay auction removed?
The auction number was 8265330844. I've also attached
the original HTML file that was used as the
description.
Thank you for your prompt reply.
--- Norman Harms wrote:
> Hello,
>
>
> Thank you for your email. To better help and answer
> your question please
> tell me the auction number(s) for the listing(s)
> that were removed so
> that I can take a further look in to this.
>
>
>
> Best regards,
> Norm Harms
>
http://www.blizzard.com> Blizzard Entertainment
> If you respond to this email, please attach all
> previous messages and
> files relating to this issue.
>
>
> -----Original Message-----
> From: Feral [mailto:feral_stone@yahoo.com]
> Sent: Tuesday, March 07, 2006 9:16 AM
> To: Norman Harms
> Subject: eBay auction removed?
>
> Greetings,
>
> This is in response to Blizzard having an auction of
> mine removed from eBay. The auction was for the
> account information for an account that I had active
> with Blizzard. The account featured a level 60
> druid.
>
> According to YOUR EULA:
>
> "You may permanently transfer ownership of the Game
> and all parts thereof, and all of your rights and
> obligations under the License Agreement, to another
> by
> physically transferring the CD-ROM, all original
> packaging, and all Manuals or other documentation
> associated with the Game, and by removing from all
> of
> your home or personal computers and destroying any
> remaining materials concerning the Game in your
> possession or control, provided the recipient agrees
> to the terms of this License Agreement. The
> transferor
> (I.e., you), and not the Licensor, agrees to be
> solely
> responsible for any taxes, fees, charges, duties,
> withholdings, assessments, and the like, together
> with
> any interest, penalties, and additions imposed in
> connection with such transfer."
>
> Also, I clearly stated in the auction:
>
> "Restrictions: By bidding on, inquiring about, or
> viewing this auction you are stating that you are in
> NO way affiliated with Blizzard Entertainment, ESA -
> Entertainment Software Association, or any
> associated
> entity. World of Warcraft is a trademark of Blizzard
> Entertainment. All characters, items, gold pieces,
> or
> other intellectual property in World of Warcraft are
> the sole property of Blizzard Entertainment. This
> auction is not for the ownership of their
> intellectual
> property but rather for the time spent working on
> these characters and acquiring items. All references
> to 'the character' or 'the characters' are
> indicative
> of my time spent on advancing the aforementioned
> characters. All characters, items, in-game currency,
> and anything else associated with this auction will
> remain the property of Blizzard Entertainment."
>
> Please explain to me how I have violated Blizzard's
> copyrights, if there is something I should have
> stated
> or made clear in the auction.
>
> Thank you.
~`~
So, let's think about this in terms of business sense.
I buy a copy of the game and purchase ~6 months of subscription. Okay, that's $120.00 give or take. That's already a pantload of money, even with the deduction of overhead, etc.
Now, I decide I'm done playing the game for an indeterminate amount of time. Blizzard doesn't delete accounts/characters, therefore the characters are taking up server space. And, most importantly, THEY ARE NOT GENERATING REVENUE.
After deciding I no longer wish to play the game, I then decide that I want to sell access to the account to someone else. And I will transfer the key, CDs, etc. to the buyer (which then means i will no longer be able to install the game onto my computer). Now, I get maybe a couple hundred (three hundred if i'm real lucky) bucks out of the deal. This is considered pocket change to Blizzard, hands-down. Their execs probably keep that on them in cash to cover their daily lunch tab. Blizzard is not being cheated out of anything because they cannot and will not sell my account. Add into this the fact that the person buying the account would--logically--purchase a subscription for themselves or whosoever it is that decides to use said account. Then, this account is no longer taking up server space (which amounts to money in and of itself in this day and time) and is, once again, generating money.
It could also be argued that Blizzard is getting shorted because I'm getting money to "transfer" the game, manual, etc. to another human being. Well, if I give it away, they still don't get money. I don't either, so I would have to assume it's a case of an "if I can't have it, no one can" complex. Except (wait!) it's okay for me to give it away. But I can't engage in "commercial exploitation" of their product. Uh... huh.
And, if Blizz feels like they're being beaten out of just that much more revenue, they need to wake up to the fact that--like Sony--they could generate yet more money for themselves by setting up an online trading post for in-game assets. Just like Sony Station.
WoW, what a concept.
PS - I don't have a problem with companies making money. That is their purpose. What cheeses me off is when they are not even willing to meet me halfway here (i.e. a Sony Station setup) wherein I can benefit from my time invested and they (Blizzard, in this case) can benefit from their copyright.