Retail Account Authentication Key

#0 - Dec. 16, 2007, 11:06 p.m.
Blizzard Post
I am inquiring as to despite the EULA stating that a buyer holds the right to transfer physical property from one person to another, including but not limited to the discs, manual, and Retail Account Authentication Key, which is required for full access account creation; I am unable to use the key. I recieved a used copy of the game from a friend who grew weary of it. To my suprise, despite him, as the EULA states, un-installing and removing any and all WoW files from his computer and canceling his acccount, I am unable to use the key. The error states that it is already in use of another account, despite your EULA stating it is re-usable. I simply am looking for an awnser from a WoW Customer Service employee as to why that is?

(Note: I read the part of the EULA stating that an account key may only be used once, I am inquiring as to why they have statutes in it contradicting each other. IE: The ability to transfer physical property.)

(Note: I am aware I can buy a retail copy for cheap, but their EULA states I don't have to if property is transferred from the rightful buyer. )
#4 - Dec. 16, 2007, 11:22 p.m.
Blizzard Post
The product provided via use of an Authentication is viewed as virtual property; while the numerical code may, indeed, qualify as physical media—and, in turn, may be provided to another individual via packaging transition—the account to which it grants access is not and thus cannot be transferred from one holder to another. This is why an Authentication Key may only be used once.

As stated:
http://www.worldofwarcraft.com/legal/eula.html

Q u o t e:
You may permanently transfer all of your rights and obligations under the License Agreement to another 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...


To complement:
http://www.worldofwarcraft.com/legal/termsofuse.html

Q u o t e:
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Blizzard.


No contradictions. :)
#8 - Dec. 17, 2007, 12:03 a.m.
Blizzard Post
Q u o t e:
It does not reflect ownership because your EULA states accounts are your property...


I do not think that word means what you think it means. ;)

The EULA dictates that you possess rights to the physical media associated with the purchase of an available client (instruction manuals, CDs or DVDs, CD slipcovers and casing, cardboard packaging, and warranty information); it additionally notes—within the same subsection—that all virtual property (including one's account) belongs to Blizzard Entertainment.

In length:
http://www.worldofwarcraft.com/legal/eula.html

Q u o t e:
A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Blizzard. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.

B. You may permanently transfer all of your rights and obligations under the License Agreement to another 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.


Physical paper on which Authentication Key is printed = property of the End User
Account which is created by the use of an Authentication Key = Property of Blizzard Entertainment

Edit: I also used "numerical code" to denote physical media. You may be misinterpreting my statement. :)
#10 - Dec. 17, 2007, 12:16 a.m.
Blizzard Post
Haha. Oh, no no no. It was a line from The Princess Bride, Gonjuh, not a statement of condescension. My apologies for the miscommunication. :)
#13 - Dec. 17, 2007, 12:56 a.m.
Blizzard Post
Q u o t e:
(Edit: Please remember that being polite while attempting to insult a customer's ability to process what you said, doesn't denote the fact that you are being an ass.)


Your ability to process written documentation is not in question; on the contrary, you may, indeed, be over-processing the explanations we publicly provide. Legal matters are purposefully phrased—when published by a specific or parent company—to promote mobility, as well as permit room for future modification should the need arise; this is often achieved through generalities and—according to some—a bit of "TL;DR."

The matter of ownership within World of Warcraft is always in contention, and has been addressed quite frequently herein. Many use the both the Terms of Use and EULA to govern their decisions; unfortunately, the wording of these documents can be a bit misleading and lead our players astray. In most situations, a simple re-quote (or paired quote between the two) will provide the necessary clarity to ensure that we're all on the same page, which is essentially: "Oh, hey. Okay. The CDs are mine, but the account belongs to Blizzard." It's rare that a player will agree to this particular stipulation, though. ;)

Your concern is a bit more specific, so perhaps my approach did not satisfy this particular situation. Nevertheless, you summed it up well in one of your prior posts, Gonjuh, associating one's Authentication Key to an account rather than the software provided at purchase. As Section 3a and 3b note, while the physical product may be distributed as deemed fit proceeding purchase (which may include the physical copy of an Authentication Key), the account established via use of the physical product belongs to Blizzard and cannot be transferred elsewhere. That said, an unused Key may be given and subsequently used to create an account, as there is no form of virtual property yet involved.

I'm curious which part of the EULA you believe suggests otherwise? While I, obviously, would be unable to alter any potential miscommunication, it may help me restructure response should this query come up again.



....As for the movie, I would sincerely encourage it; it's on par with Young Frankenstein and (perhaps) Blazing Saddles. :)