Originally Posted by Lifeshield
How can you hold a company liable for an incident caused by something completely out of their hands?
That's a little bit ridiculous. :/
Pretty sure here in Australia the power company would also be held liable in the same circumstances.
However what would then happen is that after they settled claims and payouts etc. they would then take the offending party to court (the person driving the vehicle/company that owns the vehicle) and then recoup their costs via those means. Well that is generally what happens anyway.
By the sounds of it, people in the US are having an easy time getting refunds. My mate is still waiting for his after spending about 8 hours on the phone over 5 different phone calls with about 7 of those hours spent on hold. So what does he do? Continue to waste his time with Blizzard who obviously don't want to give a refund or use the Australia consumer protection laws to his favor? Pretty simple really, he filed a complaint yesterday with the ACCC about the matter. I'm expecting him to get a refund within the next week or two now, after wasting 3 weeks with Blizzard tech support.
At the end of the day, the biggest issue here is simply that Blizzard aren't offering the service they promised. In most first world nations (EU countries, AUS/NZ etc.) there are consumer protection laws that clearly state the product must work to a satisfactory condition. Basically, Blizzard are failing at that part, the service is not satisfactory and since it is Blizzard's fault for not having an appropriate server arrangement to handle the load, then they are liable and should offer refunds. The law
in those nations/regions states that. Quite clearly. Blizzard can put whatever they want in an EULA, means nothing when they breach local laws.
I think part of the issue in this discussion here is that It would seem to me that in the US and perhaps UK the consumer protection laws aren't nearly the same as what they are in EU and AUS/NZ. Hence why people living outside those regions don't quite understand why Blizzard is liable. Obviously, the laws are different in every country/region in the world. All I know is from personal experience in my country; and in the case of Australia, our laws state quite clearly that the product must work to an acceptable standard for a reasonable period of time. If it doesn't meet the criteria, consumers have the right within the first 7 to 30 days after purchase (depends on the product bought as to the time frame, could be longer in some cases) the consumer has the right to demand
a refund and the retailer/distributor/salesman/whatever must
comply. After that initial period the party who sold the product can choose whether they will refund or replace/repair the product. For example, I buy a new TV. It craps its pants after a week. I have a legal right to demand a refund not an RMA or replacement. If I want a refund, the retailer is legally bound to give it to me (although they don't always comply hence why we have a consumer protection agency to file complaints and force them). However, if the TV were to crap itself after 3 months, the retailer can choose between repairing the TV (generally the path they take) or issuing me a refund because it is outside the initial "refund period" as stated by Australia consumer protection law. Then comes the next part, if I get the TV back and the repairs haven't fixed the problem or say it breaks 1 month after I get it back. I can then take it back to the retailer and ask for a refund because even after repair, the product is faulty, we tried the RMA/warranty process, the issue wasn't resolved so now I have a legal right to a refund. Even though it is 4-5 months after purchase date and the product is still in warranty.
It just seems to me that people who don't understand why this french agency can intervene is because they live in a nation where the consumer protection laws are quite poor or under.....developed(?) compared to the EU and places like Australia. So that bit of information gives you a bit of insight as to why they can take Blizzard to court because I am assuming the laws in France/EU loosely resemble what we have here in one form or another.Edited by Vengeance47 - 6/14/12 at 6:12pm