I was doing some research for a friend of mine about the legalities of private servers when I came across these scary terms in the EULA([url]http://www.worldofwarcraft.com/legal/eula.html[/url]) and ToS([url]http://www.worldofwarcraft.com/legal/termsofuse.html[/url])

While Reading these documents I came across two seemingly contradictory terms.

The EULA reads thusly in section 4.B:
[quote]You may permanently transfer all of your rights and obligations under the License Agreement to another only by physically transferring the original media (e.g., the CD-ROM or DVD you purchased), all original packaging, and all Manuals or other documentation distributed with the Game; provided, however, that you permanently delete all copies and installations of the Game in your possession or control, and that the recipient agrees to the terms of this License Agreement. The transferor (i.e., you), and not Blizzard, 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.[/quote]

This says that you can transfer an account as long as you give up all physical copies of the game that are tied to the account and delete it from all of your computers.

Yet in the ToS Section 11 reads:

[quote]Blizzard does not recognize the transfer of WoW Accounts or Blizzard Accounts (each an "Account"). You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Blizzard owns, has licensed, or otherwise has rights to all of the content that appears in the Game. [/quote]

Here they state that they do not recognize the transfer of accounts.

How has this escaped scrutiny?

Next, (EULA Section 15.B ToS Section 19.B) Blizzard has forced you into binding arbitration ([url]http://consumerist.com/consumer/binding-arbitration/what-is-mandatory-binding-arbitration-251394.php[/url]). What this means is that you cannot sue them in court for any reason. Any disputes you have with them have to go through an approved arbitrator who have a long track record of siding with corporations the majority of the time.([url]http://www.businessweek.com/magazine/content/08_24/b4088072611398.htm[/url])

They also make you agree to not open any class action law suits against them (ToS Section 19.C)

Reading those documents make me glad I don't play the game.