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You cannot in good faith limit a persons ability to play a game because of a forum post.


1559 réponses à ce sujet

#1526
oscheng

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v_ware wrote...

Look at this:

http://whatconsumer....contract-terms/
(From the PDF linked on that page)…
Unfair Terms
5.—
(1) A contractual term which has not been individually negotiated shall be regarded asunfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it hasbeen drafted in advance and the consumer has therefore not been able to influence the substanceof the term.

I suppose a good question would be, is an EULA a “contract”? According to EA it is: (EA’s T&C). “These Terms of Service form a legally binding contract between you and EA”.

...So...Pretty shady stuff EA...


My understanding is that all software companies are very careful to avoid going to court over EULA terms, because it is unclear whether they would be upheld or struck down.  If struck down it could devastate the legal protections that software companies are placing on their products.

I remember reading an analysis of the MS Windows EULA.  In order to read the EULA you had break the shrink wrap.  The EULA stated that by breaking the shrink wrap you were accepting the EULA....

#1527
epiccrabs

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oscheng wrote...

I can't be bothered reading the entire thread (it is huge). This story has hit the twit.tv podcasts. Also, I read the thread where stanley woo replied. Woo came across as a bit of an officious, unpleasant individual in that post.

I note that other posts online say that EA have now backtracked.


Let me summarize the whole thread for you since I was here when it was created

1. User posts that EA has no right in banning people
2. Another user replies that it's only 3 days and he should deal with it
3. User again posts that it isn't right regardless of time frame
4. Another user replies again stating to DEAL WITH IT
5. Here comes another user asking if they'd seen the man with the golden voice
6. Repeat step 1
7. Wait for 30+ pages, EA apologizes
8. Users rant again back to step 1

#1528
vhatever

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This is why I've never connected posting/message board accounts with game accounts.

#1529
v_ware

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oscheng wrote...

v_ware wrote...

Look at this:

http://whatconsumer....contract-terms/
(From the PDF linked on that page)…
Unfair Terms
5.—
(1) A contractual term which has not been individually negotiated shall be regarded asunfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it hasbeen drafted in advance and the consumer has therefore not been able to influence the substanceof the term.

I suppose a good question would be, is an EULA a “contract”? According to EA it is: (EA’s T&C). “These Terms of Service form a legally binding contract between you and EA”.

...So...Pretty shady stuff EA...


My understanding is that all software companies are very careful to avoid going to court over EULA terms, because it is unclear whether they would be upheld or struck down.  If struck down it could devastate the legal protections that software companies are placing on their products.

I remember reading an analysis of the MS Windows EULA.  In order to read the EULA you had break the shrink wrap.  The EULA stated that by breaking the shrink wrap you were accepting the EULA....


EA just hopes that their consumers are stupid enough to believe it is legal. And if they don't buy it the second barrier is hoping their consumers are too lazy to sue. This system works most of the time.

Luckily creating a PR-nightmare like this is a nice workaround to this system. ;)

Modifié par v_ware, 12 mars 2011 - 11:34 .


#1530
Gotholhorakh

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I've got no problem with people being banned for abusive posts on forums, I've removed people from forums myself, and I think people can live with a cool-down period if they argue and stuff.

I can't ever see myself getting upset or rude enough to get such a ban myself on these forums, but I definitely find this "phenomenon" off-putting!

Banning people from playing, on their desktop computer, a single player game they've just paid you good money for, because of a forum post online, is very very clearly not good sense.

That is even assuming that the forum ban is thoroughly deserved. What's the reasoning behind it? It seems immoderate and not really... logical.

C'mon, we get enough "doing without fun stuff", and sinister repression, and draconian laws in real life - that's the sort of thing that you play escapist games to get away from.

Modifié par Gotholhorakh, 12 mars 2011 - 11:41 .


#1531
moilami

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mischievousape wrote...

I'm sitting here wondering if we should all get banned from EA games deliberately. They are behaving like ****s and mass resistance is the only cure.


I can tell you I lolled at that thought yesterday. Imagine EA stealing the game from 1000 consumers because they said "EA has sold its soul to devil".

Or if they don't steal the game from them, the question would had been "Why only steal from v_ware?"

#1532
SlurpinTaxt

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Dont say anything bad about ricctiello, you will get banned. i know

#1533
Gotholhorakh

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Look, the only things that would fix this would be to decouple online bans from single player games and then to VERY PUBLICLY say "it was a mistake to leave these things coupled together, people defending it were acting in good faith but we've changed things now, Sorry"

I have to say here - I've had good experience with EA recently, their customer service is very good, and I have some faith that they want people to keep coming back to them for games.

There aren't very many good SP RPGs around at the moment though, and it does scare me that bad PR might tank demand, like that online creature game nobody ever talks about.

Modifié par Gotholhorakh, 12 mars 2011 - 12:08 .


#1534
nupfi

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This is ridiculous... O_o
Bad rep for Biwoare and EA...

Modifié par nupfi, 12 mars 2011 - 01:16 .


#1535
TheRealIncarnal

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Can I uncouple my forum account from my gaming accounts? This whole thing has gotten way too shady for me to want to be part of anymore.

#1536
themaxzero

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*double post*

Modifié par themaxzero, 12 mars 2011 - 01:32 .


#1537
themaxzero

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v_ware wrote...

oscheng wrote...

v_ware wrote...

Look at this:

http://whatconsumer....contract-terms/
(From the PDF linked on that page)…
Unfair Terms
5.—
(1) A contractual term which has not been individually negotiated shall be regarded asunfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it hasbeen drafted in advance and the consumer has therefore not been able to influence the substanceof the term.

I suppose a good question would be, is an EULA a “contract”? According to EA it is: (EA’s T&C). “These Terms of Service form a legally binding contract between you and EA”.

...So...Pretty shady stuff EA...


My understanding is that all software companies are very careful to avoid going to court over EULA terms, because it is unclear whether they would be upheld or struck down.  If struck down it could devastate the legal protections that software companies are placing on their products.

I remember reading an analysis of the MS Windows EULA.  In order to read the EULA you had break the shrink wrap.  The EULA stated that by breaking the shrink wrap you were accepting the EULA....


EA just hopes that their consumers are stupid enough to believe it is legal. And if they don't buy it the second barrier is hoping their consumers are too lazy to sue. This system works most of the time.

Luckily creating a PR-nightmare like this is a nice workaround to this system. ;)



Of course the original problem came because you were abusive and swearing.

Maybe next time you can control yourself.

Maybe some serious bans for abusive posts might clean this place up a little bit. If you act like a child you get treated like one.

Modifié par themaxzero, 12 mars 2011 - 01:33 .


#1538
Dragoonlordz

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Easy solution, remove forums so nothing they say will get them banned because they won't be saying it. Personally I think alot of people here are trying to keep this fiasco going because it entertains them and displaced rage from others about other such things such as securom when the original user has got his account back and Bioware/EA are now working to solve the issue long term step by step. Regardless of that I'm bored of this topic, it's been solved and looked into to resolve it happening again so I'm off to finish DAO again before giving DA2 a try. Imho I personally would have already closed this thread because it now has nothing to do specifically with DA2 since now it's just people bickering over details and corporate policy in general this imho should not be a DA2 forum thread.

Modifié par Dragoonlordz, 12 mars 2011 - 01:57 .


#1539
rolson00

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check out this site http://www.techgoond...comment-page-1/
 
heres a bit of it
 
"That is when I found out that most of the user reviews hated
the game. And when you have a large segment of your fanbois who hate
what you’ve done with game — in huge contrast to the mostly positive
reviews given by critics — you have a big problem."

"I still probably might have given the game a chance. However, when I read that EA sent their mighty ban hammer on a fan who complained on their forums"

hope this helps

#1540
SlurpinTaxt

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Hey dragoonlordz, ever heard of projection theory? See i have this theory about people who are suspiciously adamant about something, where they voice their rage about something they supposedly hate. Its like people who say "i hate drama", guaranteed they LOVE drama. Or republican senators who rail against the gays and then we ultimately find out theyve been patrons of rent boy. They been in the closet so long someone should donate them to the salvation army.

Anyway, the point is that i doubt there are very many other posters who have been prolonging this discourse for as long as you have.

#1541
Dragoonlordz

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SlurpinTaxt wrote...

Hey dragoonlordz, ever heard of projection theory? See i have this theory about people who are suspiciously adamant about something, where they voice their rage about something they supposedly hate. Its like people who say "i hate drama", guaranteed they LOVE drama. Or republican senators who rail against the gays and then we ultimately find out theyve been patrons of rent boy. They been in the closet so long someone should donate them to the salvation army.

Anyway, the point is that i doubt there are very many other posters who have been prolonging this discourse for as long as you have.


Your theorys mean nothing to me but thanks for the insight. Image IPB

#1542
moilami

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themaxzero wrote...

v_ware wrote...

oscheng wrote...

v_ware wrote...

Look at this:

http://whatconsumer....contract-terms/
(From the PDF linked on that page)…
Unfair Terms
5.—
(1) A contractual term which has not been individually negotiated shall be regarded asunfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it hasbeen drafted in advance and the consumer has therefore not been able to influence the substanceof the term.

I suppose a good question would be, is an EULA a “contract”? According to EA it is: (EA’s T&C). “These Terms of Service form a legally binding contract between you and EA”.

...So...Pretty shady stuff EA...


My understanding is that all software companies are very careful to avoid going to court over EULA terms, because it is unclear whether they would be upheld or struck down.  If struck down it could devastate the legal protections that software companies are placing on their products.

I remember reading an analysis of the MS Windows EULA.  In order to read the EULA you had break the shrink wrap.  The EULA stated that by breaking the shrink wrap you were accepting the EULA....


EA just hopes that their consumers are stupid enough to believe it is legal. And if they don't buy it the second barrier is hoping their consumers are too lazy to sue. This system works most of the time.

Luckily creating a PR-nightmare like this is a nice workaround to this system. ;)



Of course the original problem came because you were abusive and swearing.

Maybe next time you can control yourself.

Maybe some serious bans for abusive posts might clean this place up a little bit. If you act like a child you get treated like one.


I have pretty much made my mind in this issue. Unless EA changes their ToS to explicitly say they are not going to steal your property because of what you said, I have no intentions to pay premium of their games.

People has been killed and tortured because of what they say. That is supposed to "help" to not question authorities but just obey and lick them. EA has taken a step too far to that direction by stating they can steal your games and roflstomp you if you say something what they don't like.

These corporation powers to steal your property has gone out of hand. I can live very well without EA games. It is second hand markets for me regarding EA from this on, or maybe el cheapo bin - yet giving even 20€ to a corporation who threats to steal your property and roflstomp you is too much.

Have a nice day

www.youtube.com/watch

Modifié par moilami, 12 mars 2011 - 02:07 .


#1543
WastedJoker

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I think access to a game should be withheld if someone can't behave in a responsible manner.

I'm 32yrs old, been gaming since I was 14 and I'm tired of how the internet has opened the floodgates for every crybaby in the world to make demands to developers or post wrecklessly insulting things on their official forums.

If you behave like a child, expect to be treated as a child.

#1544
SlurpinTaxt

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Yes exactly, how dare the puny consumer make demands from the almighty and godlike gaming corporations, all bow your heads and step in line or thou shalt be smote

#1545
moilami

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WastedJoker wrote...

I think access to a game should be withheld if someone can't behave in a responsible manner.

I'm 32yrs old, been gaming since I was 14 and I'm tired of how the internet has opened the floodgates for every crybaby in the world to make demands to developers or post wrecklessly insulting things on their official forums.

If you behave like a child, expect to be treated as a child.


Does that go to EA too who stole people's property because someone pointed & laughed at them?

Hypocrit much?

#1546
mischievousape

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WastedJoker wrote...

I think access to a game should be withheld if someone can't behave in a responsible manner.

I'm 32yrs old, been gaming since I was 14 and I'm tired of how the internet has opened the floodgates for every crybaby in the world to make demands to developers or post wrecklessly insulting things on their official forums.

If you behave like a child, expect to be treated as a child.


Disagreement in a public setting is not a grounds for removing private access from a purchased product.

#1547
Revelo

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I'm just thinking of it this way.

If he was trash talking and insulting on the forums, then ban him from the forums. Thats where he was causing the problem.

If he was griefing or ruining peoples experience for an online multiplayer game then ban him from that, that's standard procedure.

But banning someone from playing a game they bought legitimately, a game where they can go and enjoy without causing problems or trouble for anyone else, just for insulting a company is pathetic, a game which is played by yourself and where you can do whatever you want in that world, it is poor practise and goes way above what is reasonable. If he had pirated or hacked the game perhaps there would be reason, but because he did one poor post? How does that even work?

I heard EA retracted the ban on games and said it was a misunderstanding, but that feels just like damage limtation now. The damage has been done.

Modifié par Revelo, 12 mars 2011 - 02:14 .


#1548
Dragoonlordz

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SlurpinTaxt wrote...

Yes exactly, how dare the puny consumer make demands from the almighty and godlike gaming corporations, all bow your heads and step in line or thou shalt be smote


Anti-corporation views are fine on sites with forums that are about it, this unless you haven't realised yet is a Dragon Age 2 forum about a specific game. Like I said this is now irrelevant to this specific forum itself and I would have locked this thread by now tbh since the orginal guy has access to his DA2 copy. By forums basic rules this is now off topic of DA2 while before it was on topic because the orginal guy said he couldn't play DA2.

Modifié par Dragoonlordz, 12 mars 2011 - 02:19 .


#1549
moilami

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SlurpinTaxt wrote...

Yes exactly, how dare the puny consumer make demands from the almighty and godlike gaming corporations, all bow your heads and step in line or thou shalt be smote


This EA ToS policy is outrageous.

I see absolutely no reason to pay of their games if they keep saying they can anytime steal my games without compensating a penny.

And bring it on, ban me and steal my games EA because of what I said.

#1550
SlurpinTaxt

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Like I said before, EA was doing that guy a favor by taking away his crappy DA2 game, its a waste of time that could spent doing other more meaningful things, like playing dragon age 1, or torchlight even