Legal ramifications due to failure to deliver

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Dear ActivisionBlizzard

In accordance with Norwegian laws (and also international agreements), you're selling a product digitally and so also are responsible to delivery of the product without any restrictions or any hindrance for the end user to experience the purchased product. You've also put a restriction on the users that they have to connect to your servers in order to play this game.

Therefore you're also legally responsible that the players can play this game 100% of the time as this is meant to be an offline game and not in any way an online game. Therefore you are also responsible to compensate the end user when this service fails to work. As you've already stated that you were ill prepared for this and also again fail to deliver the product, there are no other solution than for you - ActivisionBlizzard - to compensate the players for the loss experienced due to your problem of delivering the product.

This also to notify you - in public - that this will be sent to Norwegian office for end users (Forbrukerrådet) and a case will be opened on this. Further more, I've signed a contract to bind myself to a World of Warcraft account for 1 year, given that you provide Diablo 3 on release as well as access to the game. As I've struggled since release with this game, I conclude that you - ActivisionBlizzard - has failed to deliver your product as specified in the contract and as such the contract is void.

This for your information.
The game was marketed as online only therefore it is an online game regardless of what you - the op - feel.
Today I was thinking at a law suit, sounds good enough...
I support you man. If you need signatures for anything I will +1 (even though the Norwegian Gov probably don't care about UK signatures).
30/05/2012 16:43Posted by Mammatus
The game was marketed as online only therefore it is an online game regardless of what you - the op - feel.


That is of no consequence, they restrict the end user that they have to be connected to their server, therefore they're also legally responsible that the servers are operational 100% of the time and also have backup systems running to make sure they can deliver the product.

That it's marketed as an online game doesn't free Blizzard from any legal bonds as many believes, they've agreed to deliver this product with those restrictions, and so it's not a problem that the end user should suffer from their design choices.
For those of us that signed up for a year sub to WoW to get this free, we should cancel this contract with these jokers
We should sue for 100's of millions a pce and then see how they crap in their pants!
I'm with you in a lawsuit. Representing the UK!
I think Norwegian law also says that Blizzard is entitled a chance to fix any problems you have before you will get any refund too. Besides, as Honeybunni tells you, you have subscribed for one year of WoW and technically gotten D3 for free. I also think I saw something about there being a possibility to get a refund in the form of three months of WoW time instead of D3, but I don't know if that offer counts if you have already activated the game.
I'm sure blizz are trembling in their boots at the thought of your lawsuit..

So many of these waste of time threads. If you really think you've got a case put your money where your mouth is and get on with it but stop boring us about it.
Yes, but I think they had their chance already used on the first day when they got the exact same problem. The thing about digital products is that they're a quagmire in the terms of laws, and unless someone actually complain enough about them, there won't be any changes to protect the end user from these problems that Blizzard has had these last couple of weeks with this product.

Beside, when the company that runs the biggest MMO can't hold the server up for around 2 million Diablo 3 players, what does that tell of the company?

Edit: Puny, it's not about making Blizzard tremble but for them to actually deliver what they've promised to. But yes I have sent a complaint to the government and as they're aware of the problem - as they've commented about it in the media before - I'm sure that enough complaints will lead to resolves.
Lol, 1 year account sucker.

They can have 90% downtime and you can't do anything to them.
They can have their servers down for a MOFO MONTH completely and you can't do anything to them.
Norwegian law says you can stay inside to hide from snow and 6 months of night and suck it.

Dude, don't pretend to be a lawyer, here nobody gives a f. You love this game, you want to play it and you are frustrated. Thats all.

"This for your information" (sic)
30/05/2012 17:00Posted by Ooggoo
I think Norwegian law also says that Blizzard is entitled a chance to fix any problems you have before you will get any refund too. Besides, as Honeybunni tells you, you have subscribed for one year of WoW and technically gotten D3 for free. I also think I saw something about there being a possibility to get a refund in the form of three months of WoW time instead of D3, but I don't know if that offer counts if you have already activated the game.

They have had a chance. It's been two weeks and the exact same problems are still occurring, from an end user perspective.
The problem is lack of capacity, we can assume, and they have had 2 weeks to bring more server capacity online.

If they are too cheap, slow or stupid to do so, then they should compensate users.
@Wye:
As a matter of fact, no, they can't have even 1% downtime, they're responsible to have the backup system required to deliver the product as specified (Forbrukerkjøps loven in the Norwegian law text). This law states that the sales person is responsible to deliver the product as specified.

And since Blizzard specify that you have to be online to play this game, they're also legally responsible to make sure that you're able to login when you want to play, not when they want you to play.
though i mostly agree with the op i would reccomend him to read the text he agreed with before installing.
Hi

Companies have the right to "fix/ or right" the(ir) problem(s) before you can take any action. It's narrowed down to within 14 days of a written complain sent direct too the company. If forums is the right way to use as a complain resource i dont know. ( I guess it would be since it explains their problems/issues in text and is pointed at blizzards employees/company )

Ether way blizzard is having a product sold and it is not working as it should/intended, as a Norwegian you have the right to complain the company in for "forbrukerombudet" and they will help us take this case futher. ( With lawyers and what ever is necessary to fix this )
Or, I don't know, you can just calm the **** down? Just wait a while for them to fix the issues which they will do and you will STILL have your game and be able to play....jesus some peeps.
All I hear is children crying because they didn't get what they wanted.
I know you paid for it ect(well not really if you are a AP user) but just take it easy, you WILL get to play it, sooner or later. I promise you the game will still be here, and probably more stable at that.
I don't see how any of you will be able to sue a company with lawyers that get paid in diamonds.
Wow it seems people never cease to amaze you with their sheer stupidity. Since you agreed to their eula they can pretty much do whatever they want, they could close the servers down today and never put them back up if they really wanted to.

Good luck with this though, news of your endeavours will surely be equally as entertaining.

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