exactly rocket so what right does sable have to take the game away from the unfortunate few that recieved a global ban , in my books thats a bit naughty.
I am half expecting him to give it the old speil of 'go play on none battleye servers' next.
He didn't take the game away. The game works just fine as the way he purchased it. His issue can, actually, only be with the server provider itself. Because they are the ones who chose to use Battleye, they are the ones who sent his data to battleye. If he hasn't paid for the service of using their server then there is shit all action that he can take against the server provider.
It is a voluntary, community managed and run "reputation" system. It's NOT like VAC which is an official system.
Lets use an example:
You buy a car from Bohemia Interactive
You drive said car on a private racetrack, and get kicked off that racetrack for breaking the rules
You can't sue Bohemia Interactive for what happened, your car still works fine.
There is zero difference between the old Battleye and the new one, except that all the servers are sharing a new type of ban called a Global Ban.
He can "lawyer up" his posts all he wants, but the facts are pretty obvious. In a way, its a clever way to run the system because the "reputation" system is independent of the company selling the product, negating the need to deal with the legal issues you have outlined. He can scream and yell at Bohemia all he wants but they have NO power to overturn a Battleye ban. He'd have better luck appealing directly to the community, as they are the ones who run and maintain Battleye.