Diablo III patch nerfs gear bought with real money

The teething problems continue for Diablo III following the rocky launch of the game's Real Money Auction House earlier this month. It seems that some people have sunk quite a bit of their hard-earned cash into the game, only to find Blizzard has turned around and modified the purchased items.

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SwiftArsonist2102d ago

they need to balance the prices for repair, its retarded

konnerbllb2102d ago

They should not be nerfing paid items..

DeleteThisxx2102d ago

"At the end of the day, Blizzard still owns Diablo III and all the virtual items contained in the game, regardless of how they are acquired. The company retains the rights to edit, modify, replace or remove any in-game item, and each player has agreed to these terms."

This completely..

Besides, that moron spent over $1,000 dollars on gear... I'm sorry but that is just ridiculously absurd. You all may think you're entitled to those items stats to stay the same but any reasonable person will realize that items in loot based games become nerfed or changed over time. It's a risk you're willing to take with your purchase.

Granted, I'd be pissed too if this happened to me but I'm not dumb enough to spend my hard earned money on virtual items, let alone $1,000 dollars like the guy mentioned in this article.

Dasteru2102d ago (Edited 2102d ago )

This completely not. Federal law is very clear on the matter.

Unless sold illegally through a third party, Once someone pays real money for an item, virtual or not, regardless of a companies TOS, it is legally considered the sole property of the purchaser. Anyone who purchased any of these nerfed items is now not only entitled to sue over it but can also press charges for destruction of property.

This would be along the same lines as a company selling a digital download of a game then patching all the copies so they can no longer be played.

joab7772102d ago

My only comment is "$1000 on virtual items?" Damn!!!!

NovusTerminus2102d ago

Daaaaaaaaaayyum.... screw trying to find a job! I need to get Diablo 3! Make my living that way! Lol

DeleteThisxx2102d ago (Edited 2102d ago )

Okay, for some reason I'm getting an error when trying to reply to someone.

So, @Dasteru: Your law degree isn't looking too hot right now. There's numerous reasons why Blizzard WILL NOT be held responsible for this.

1. As well all know, IAS was nerfed. The only affix to have any damaging effects on an item within the game. Blizzard had warned of this nerf two weeks prior to the launching of the RMAH. I don't know about you, but I tend to do some research on items I am looking to purchase. This person had every resource available to attain said knowledge and it is entirely their fault for not realizing an item they are purchasing will not be the same in the coming weeks.

2. Blizzard owns What does this mean? It means they own every single persons battle account. The ToS states that upon purchase of an item within the Auction House you are not purchasing the full rights to that item but merely the right to have that item (Which exists within Blizzards server only) transferred to your account. Why does that make anything different? Blizzard still OWNS that item. They are allowed to do anything they please to it. You merely purchase the right to USE it.

3. Most importantly, Blizzard themselves DID NOT sell the items to this individual. A person who exists within their servers did. Blizzard merely allowed the sale to happen within their servers. Ultimately, Blizzard holds no responsibility pertaining to how much a person lists an item and how much a person is willing to pay for said item.

Please, do some research beforehand next time. Blizzard has been doing this for a long time and spends millions of dollars to hire the highest quality attorneys to protect them from people like you.

Dasteru2101d ago (Edited 2101d ago )

1: A forwarning does not exempt them from federal law.
Legally it can only apply to an item sold after the date of modification. Once the item is sold, it legally becomes the property of the purchaser and any modification made without formal consent of the purchaser is considers unauthorized access and destruction of property.

2: Alot of people seem to misunderstand the purpose of a ToS, All a ToS is for is making known any pre existing legal rights a company has to the consumer base, NOT to extend themselvs new ones as most companies attempt to do. Again federal law supersedes anything written in Blizzards ToS.
As for the "Right to use" idea, I would be appreciative if you could link me to information relating to Blizzards licensing for the operation of a rental service.

3: True, BUT Blizzard did create the RMAH and grant permission to the player base to sell in-game items for real money. This legally falls under 3rd party sales licensing and therefor grants ownership of any items able to be sold to the purchaser.

Please do some research beforehand next time. Money and lawyers do not grant legal immunity. What is so wrong with people like me fighting as a consumer, for consumer rights. As a pose to people like you who would knowingly throw away their own rights just to save face with a company they hold no financial interest in and who is clearly involved in illegal operations?

DeleteThisxx2101d ago

We'll talk if someone successfully sues Blizzard, 'til then :)

BTW, I'm not throwing away any rights. Anyone spending real money on virtual items.. Well, I won't make any insults but lets just say that isn't my cup of tea.