| jlauro said: I assume the box clearly talks about multi-player online play. It is representing certain expectations for use of the product. |
But the product meets those expectations. You can, in fact, take the game online and play it there, just like they say you can. The fact that your (not their) separate contract with a third-party may not permit this use is not Activision's problem. That's what I'm getting at: yes there's something that stops you from using the complete product, but: 1) that something is not the law (contracts are legally enforceable, but they are not the law) and 2) that something has nothing to do with Activision.
In the end though, this whole discussion is academic, as you said. But I live off this stuff, so I'm enjoying it. We can cover the contract interpretation portion next if you want; you'll be surprised to hear that the issue isn't anywhere near as cut-and-dried as you think it is...
