Legal Opinion: Is Removal of Language Support Illegal?

[Submariner]

We pay a licence fee to use their software. They can do what they want with their software, including patching it at any time. Not saying Blizzard are completely blameless, IMO they do have communication problems. In saying that Blizzard is not the first company to sell cheap cut down versions of their software in countries with people that have have low incomes and this practice is well known. From reading the D3 forums, it seems like some serial key sellers might have been selling the limited version serials for the price of full version serials and this has caught out some people who thought they were doing the right thing to get the english version.

[Joshsux]

If nissan could access your car remotely and wiped the gps system on your imported car AFTER you had been using it for three years simply because they wanted you to buy the exact same but 'australian' model it would be considered illegal, why is this not?

Who the hell buy's a car over sea's to use in Australia? That's what this analogy is implying? An Australian model car? or GPS system? If your buying the car in Australia you're getting the Australian Model... It'd have Aussie maps duh? lol

So technically what you're doing is agreeing with me in saying you should have brought the game from Australia in the first place? I agree with you.

And IF I did buy a car from over sea's and they stopped the GPS and wanted me to upgrade to an Aussie one, then that's my fault for not buying the Australian version in the first place? I'd have to upgrade / buy a new GPS system.. Why would that be illegal? You get what you pay for, cheap = Can turn out dodgy.

[PalZer0]

Two words: Global Pricing

Why companies haven't caught on to this is beyond me.

[Marius]

I'm glad to see discussion on this still going.

To put it simply, the main issue about 'illegality' would come from the following situation:

1. Someone promises to do something with knowledge that they weren't going to. I.e. a lie.
2. Other person acts on that and loses substantial money as a result.

That's the main basis of any claim that something like this is illegal. The main issue of course is that showing such takes more than internet claims.

[Slipoch]

Who the hell buy's a car over sea's to use in Australia? That's what this analogy is implying? An Australian model car? or GPS system? If your buying the car in Australia you're getting the Australian Model... It'd have Aussie maps duh? lol

So technically what you're doing is agreeing with me in saying you should have brought the game from Australia in the first place? I agree with you.

And IF I did buy a car from over sea's and they stopped the GPS and wanted me to upgrade to an Aussie one, then that's my fault for not buying the Australian version in the first place? I'd have to upgrade / buy a new GPS system.. Why would that be illegal? You get what you pay for, cheap = Can turn out dodgy.

I'm not sure if the above is blatant trolling or if you really don't get the analogy

1. If I can buy a nissan 350z from an import yard or get it brought over it costs about $15,000 - $30,000 (depending on model) if I buy it from australia I get it for about $30,000 - $60,000 (depending on model), many people and businesses independantly import cars for use in Aus. this is perfectly legal and is supported under Aus. laws., they are sold at retail car dealers too.

2. most gps products, like the language system in diablo, are indpendant of what country you buy it from; the idea here is that I imported a product with a particular feature set, in this case english language setting or aussie maps, it doesn't matter, the product had that feature when I bought it.

3.Once a product is purchased, the company that sold it to you has no rights (other than manufacture and copyright etc.) to that product (including enforcing a change of software), also if the product is changed in any way so that it significantly impacts on the use of the product then the user is entitled to a full refund. This can be seen on phone plans or internet plans where usage is changed, the user is allowed to exit the plan without any exit fees etc.

This is true even for software licensing agreements, as you had no choice in the update then you could possibly demand an upgrade to the english version from blizzard, as you were using the product in Australia WHEN they decided to interfere with it, it comes under Australian jurisdiction. They can still possibly stop you from playing multiplayer games on their server, but for your own personal use they are treading a very fine line.

Also software has been previously ruled to be a 'product' with a license rather than just a license in both America (autodesk vs. some random guy, autodesk 2nd sale in Aus and sony vs ACCC) and that the details of the EULA do not superseed laws in both those countries.

Basically once you have a product in your hot little hands in Australia, and it does not matter how you got that product as long as it is legal under aus laws, they do not have ANY right to screw with it without your permission.

[Ralph Wiggum]

Why the hell should Australian consumer laws apply to products that were never intended to be sold to Australia in the first place? I certainly wouldn't want the ACCC wasting their time chasing up on complaints on products bought overseas from companies that don't operate in Australia (i.e. no ABN)

[Marius]

Yeah I'm not really sure on that one...

As I wrote in the article, you need to be careful of assuming rights against Blizzard. While you may be playing on their servers, your consumer sale contract is between you and the Russian business.

So you effectively have two agreements in play:

1. The EULA between you and Blizzard.
2. The sales agreement between you and the retailer.

All our consumer laws only apply to number 2, and only then if the business is trading in Australia.

I don't actually think the EULA agreement to use Blizzard's servers applies to the product purchase. It's like buying a gun to use at a gun club. You're using someone's service with something you bought somewhere else. The club could change the rules to make your gun unusable at that club, but that doesn't entitle you to a refund with them.

So you're in a much stronger position legally if you bought direct from Blizzard, and then you wouldn't have had any problems if you did that.

Edit: the analogy isn't perfect of course - the club can't download patches to your gun. But I still don't know if our consumer laws apply just to server use.

[revengous]

Two words: Global Pricing

Why companies haven't caught on to this is beyond me.

try reading what the topic is about, instead of complaining about prices.

[Jez]

cheap = Can turn out dodgy.

Odd, it's never really felt like I was getting something cheaply when I was just buying it at the price the rest of the world pays.

[PalZer0]

Two words: Global Pricing

Why companies haven't caught on to this is beyond me.

try reading what the topic is about, instead of complaining about prices.

My point is that we wouldn't be having this conversation if there was global pricing. It's more along the lines of what Blizzard can do to stop this from happening again.

[Marius]

I don't think any publisher can afford to sell their games globally for what some of the cd key sites sell at.

True global pricing doesn't work because of currency discrepancies.

[hoonybro90]

This is also an issue in Korea where lots of foreign people are frustrated at blizzard.
I am also included.
I did do my research before pre ordering the Boxed game by asking Blizzard Support. They told me I would have no restrictions other than the RMAH. so everything was fine, I had no disbelief of this because I play a closed beta which was run by Blizzard Korea a few weeks before the release and I was able to play it in ENGLISH.
Befor I was able to get my hands on the box, I was back overseas to where I usually live. SO when the box arrived I asked someone in my family to send me the key.
Everything was fine registering the key to my account (NOT KOREAN).
Installed the english client of Diablo 3 with CD borrowed from my flat mate and tried logging in. but error apears. but then I changed the client language to Korean and waited hours until it downloaded again.
It works in Korean. but it wasnt what I wanted.
also I have the resources to run the RMAH from the english client but the Korean Client itself blocks the interface so im blocked out even though im not in korea.

there. Blizzard US wont take responsibility and pushes me to Blizzard Korea who then only gives me auto-replies.

so frustrated at Blizzard.

[Submariner]

This is also an issue in Korea where lots of foreign people are frustrated at blizzard.

Maybe try for a refund if you have not hit level 40?

In a message posted on its website, the company said Diablo III players who are less than Level 40, about two-thirds of the way through the program can apply for a refund from June 25 to July 3.

http://blogs.wsj.com/korearealtime/2012 ... lizzard-0/

[Marius]

Who hasn't hit level 40?

I dunno if Blizzard's offer there really goes with the spirit of their laws. The point is so you can get a refund when you're not happy, not 'reconsider' and suffer through something until you're invested in the game.

[hoonybro90]

a refund is a refund. where I live if you dont get what the description says then your allowed a refund. thats the law. but guess that doesnt apply in Korea.