(incorrectly dated 11th June if i remember correctly)
What im NOT going to do is mention roughly 14 legal flaws/loopholes i meticulously noted in the document. (not just with new stuff, but all of it)
What i AM going to do, is flag up a legal flaw with one of the new parts of the EULA, relating to ownership of custom maps.
"Maps made through the use of the map editor are no longer intellectual property of the creator, but the sole property of Blizzard. This applies retrospectively to all previously made maps, once the new agreement is accepted.
The new agreement is automatically accepted without user consent, on 1st September (30 days after change), unless the user specifically deletes sc2, and sends a mail to blizzard france. The new eula is automatically accepted without user concent Regardless of whether the user clicks the Reject button upon seeing it - the previous steps of IRL mail must be followed to reject."
What i will be addressing are fundamental concepts of contract, something which may be over the heads of users who spent 2005-2009 using only Mutalisks and Reavers, under the impression they were 'playing brood war'.
1) a EULA is not a contract. a contract must be signed in person, and blizzard must know your real name. even the paypal 'contract' which had a box to fill in your name, and which deals with real money, is not a genuine contract; which is why they shy away from fighting legal action if push comes to shove.
2) the DMCA says that any content which is a re-arrangement of other peoples copyrighted content, becomes jointly-owned by the copyright holders AND the re-arranger - with both parties needing to agree on the re-arranged object's usage, before it can be used for anything. The re-arragement must however be 'not trivial', otherwise the above ownership-grantage doesnt apply.
3) the power of a EULA is extremely LIMITED. a EULA can do only 2 things:
a) Give the purchaser of the EULA (when you buy sc2 you are infact purchasing a EULA) an extremely-temporary super-limited right to play the game/make maps.
b) Give blizzard the power to revoke the EULA you purchased, without giving your money back, for an enormous host of reasons. Infact without any reason at all, due to point 4) below.
4) part of the EULA states the EULA can be changed at any time, and that (as stated at the start of this post) you must accept it to continue playing/making maps, and that you automatically accept it unless you go to extreme lengths to reject it. blizztard can therefore change the EULA to read that it can revoke your EULA for no reason - and thus they gain the power to do so. [They could also make it more interesting, by saying everyone who isnt able to juggle while riding a unicycle is banned. There is no theoretical limit to what they can put in it with this 'changes' rule.]
5) point 5 is once again reminding you of point 3). Blizzard can put anything in the EULA that they like, but a EULA does NOT have the power to do anything except 3a) and 3b), regardless of what is put in it. This is because it is NOT a contract.
6) point 6 is a side point about real contracts. not even real contracts are criminally-binding, only civily-binding. you can't go to prison for violating a contract in itself, although chances are you broke another law too so your going anyway ^_^.
7) Under numerous standard/common/old laws: ownership of something you initially own, or would otherwise own if not for a mitigating reason making you not own it.. can ONLY be given away to someone else if you sign a _C_O_N_T_R_A_C_T_ stating you are giving that ownership away.
8) Blizzards new eula says they now own every map you ever made and ever will make. Unfortunately for blizzard, a EULA is NOT a contract - and as such does not have the power to allow you to give away your ownership. Thus the DMCA's rule still stands.
As a result, you are still a shared-owner of your map.
I'll say that last bit again.
You are STILL a SHARED-OWNER of your map!
Blizzards latest EULA is legally incapable of removing this ownership.
But obviously, as repeatedly implied.. blizzard is also a shared owner too, and you can never take that away from them either
So you are copyright partners with blizzard, and they cant sell your map on their new 'Marketplace' without your concent.