Originally Posted by Zen00
Binding under law still equals law. Might as well be the same thing.
Lol, no it's not. Breach a contract and you're not in fowl of the law, you're in breach of contract and thus the whole thing is a civil courts matter, not a criminal courts matter.
For instance, if I signed a contract saying I would cut my balls off or pay Â£100,000 to someone, then backed out and refused to cut my balls off I could be taken to court and forced to pay the Â£100,000, so long as the contract was binding (if not invalidated in some way... for instance, the ultimatum of cutting my balls off would probably invalidate it as no-one can reasonably expect you to mutilate yourself, contracted or not)
However, the point is there's no law saying I have to cut my nuts off just because I signed a contract saying I would. But I can be tried in a civil court over the matter, but not a criminal court. Easiest way to remember it is that criminal courts deal with the law and civil courts deal with personal and business matters like this.
So in short, no, a contract is not law. This is why an EULA that seeks to strip you of statutory rights is invalidated the second it puts that crap into writing.
Regardless, Activision are going to get owned, unless they manage to buy some lame arse judge who will grant in favour of Activision on the basis that COD is their biggest franchise.