The Lawbringer: A rookie's guide to the TOU
1 posts (Updated 1 year 155 days 3 hours ago) [Source]
Amy Schley wrote on 2nd September 6pm
Welcome to the Lawbringer, Wow.com's weekly guide to the intersection of law and the World of Warcraft. I'm Amy Schley, a new law school graduate and your tour guide through the rabbit hole of contracts, copyrights and other craziness.Greetings again! We're on part three of an examination of the various legal documents to which we must consent in order to play our beloved World of Warcraft. Parts one and two examined the End User License Agreement; this segment will look at the Terms of Use ("TOU").
The first thing you'll notice as you examine the TOU is that it is quite similar to the EULA. This is by design -- while one of the EULA's provisions is to agree to the Terms of Use, the repetition increases the likelihood we'll actually read it. There are quite a few differences, including the code of conduct and the naming policy.
The first thing to notice is that the Terms of Use is the agreement for subscribing to the service, not for licensing a copy of the program. As such, all the complicated issues of "do I really own this?" or "does violating this agreement make me a copyright violator?" don't apply. Violations of the Terms of Use remain squarely in the realm of contract law. That being said, however, the EULA is "incorporated by reference" in the TOU, which is lawyer-speak meaning that any violation of the EULA is also a violation of the TOU. As such, I would highly recommend not violating either.
Next we come to the "license limitations." These are repeated from the EULA, but I want to go over them again. You may not cheat at the game, make money by selling gold or services, modify the program files, run private servers or data mine files (unless Blizzard gives you permission). Additionally, you may not disrupt or help disrupt someone else's computer or someone else's game experience.
After that comes a provision on eligibility. To play, you must be a legal adult in your country of residence, and you may allow a minor child to play on your account. For reasons why, see my previous column on Kids and Contracts.
[View Remaining 13 Paragraphs]
Instant Vote: [+] [-] (No votes yet)