Comment Re:Bad analogy is bad (Score 1) 285
Actually my problem with this is that it is impossible for a company that creates bot software to break *Blizzards* terms of service. Only the customer can break Blizzards TOS, because only the customer actually has a relationship with Blizzard.
Moreover - it doesn't even pass muster on that level because the TOS as they stand - are not actually legal. The Uniform Commercial Code is the only legal framework for interpreting a TOS agreement, and the UCC is quite clear - this kind of Boilerplate agreement is only acceptable as a contract between Merchants -
http://www.law.cornell.edu/ucc/2/2-104#2-104(1)
(1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.
(...)
(3) "Between Merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
The default under UCC code is not that people are considered to be merchants, but consumers - and thus, under the law, this type of boilerplate agreement is not applicable. Unless there is a 'professionsal' WoW player, the TOS is unenforceable.
This is simply interference in a third parties right to contract.