SE: Please copyright takedown FFLogs.

[Melichoir]

This game a third party software?

The third party software youre having issue with is just transcribing visible information in the game. FFLogs takes combat log information and just organizes it to be more readily readable. It's a tool that stream lines a process that anyone can do manually. I could sit here and transcribe that information myself and still achieve the same results. Youd have a possible argument if the combat log in game didnt exist. But it does, and it records combat of everyone in the party, which you can read and, if youd like, post.

Because combat log exists and is public, the argument it's private falls apart.

If youre argument is about what the ToS states, well then thats a losing battle too. They can enforce the ToS as they see fit. It's their ToS. You agree on a personal level that you wont engage in certain things and be given access to the software. However, it's up to SE to decide whether or not to punish you if you violate it. And how they punish you is also up to them. It's built into the ToS to give them flexibility. Especially in this case - They want the parser to exist because it is a community benefit overall, however they understand that a small few of players will abuse it and be snobs. They can use the ToS to get rid of those players under that guideline. It's a selective enforcement policy that is at the discretion of SE.

You want a real world example of this, think about cops: They can pull you over for speeding and let you off with a warning, even though they could get you on that ticket. It's at their discretion.