Veex wrote...
billy the squid wrote...
Not quite, Valve’s policy is self-restricted to anything on your PC directly relating to its own products only. EA’s doesn't, it gives the publisher permission to scan your entire hard drive, and report back absolutely anything you may have installed, hardware, software or any peripheral tech and when you use it, then passing that information on the third parties.
Being that you've studied some law, how would one argue against Steam were it to claim that your hard drive contents or browsing habits effect its performance, and it gathered and shared that information in order to improve its service? You've already acknowledged that EULAs are left intentionally vague, Steam's isn't so restrictive that they couldn't make a legal claim at this.I can't see anyone versed in computers and law denying that the hardware and software you've got installed don't make an effect on a service like Steam or Origin.
Really, the only difference that I think is important is that EA is putting it down in black and white.
Theoretically, not even dealing with the practical nightmare of doing so. Very briefly, one would have to prove that valve's system is collecting data which does not interact with Valve's product, but you would have to distinguish whether you could classify the entire piece of hardware as eligible for data collection, thus any existing program which has no interaction with valve's product. Or do you classify it as only those parts of software which would interact with the product within the hardware.
So one would, based on the English system, have to show, on the balance of probabilities that Valve had over extended its position to collect data that could not be reasonably seen as having merit in improving the service relating to the interaction of software with the product. How does the information passed to third parties improve a service in the context of a retailer customer relationship would also be a question.
Yet, if data with regards to information not associated to Valve or gaiming products is collected and distributed, then how does this help the developer provide a service. At which point Valve would be in potential breach of its own terms, making it easier for action to take place. In addition the risk of loss or damage to the individual should the data be stolen would also have to be taken into account, with regard to the wording of the EULA, which as the software was not used improperly, the case would be more viable, but again, he who asserts must prove, but without looking at the details and the American legal system I couldn't really comment further.
EA's statement makes no indication of any real limit, it is incredibly wide, far more than valve's which is also vague, but there is at least some limit upon which a resonable arguement could theoretically be brought. EA's EULA indicates that any information is viable to be used, how this would improve service is up to EA's interpretation. For instance, sensitive fiscal information, lets say spending habits, and how to market to me personally and in doing so try and attract my attention. Compunded by, this information could be passed on to a third party which I have not agreed to nor any idea upon which premise EA parted with this information. Is the information being passed on to vetted third parties? What information is being passed on? Is it to do with just games purchased, online usage, sensitive documentation stored which is given to another party? EA is potentially able to do all of this, and is not limited by the same, all be it loose, self imposed restriction as Valve, theoretically all it would have to do is show on the balance of probability that it felt the information may improve a service, the information is then technically property of EA, not yours.
EULAs such as this are incredibly broad in scope, and very difficult to argue against once accepted. Neither is EA liable for the actions of third parties unless one can show that they were negligent in passing on or storing that information, which is very difficult to do.
This is very over simplified and doesn't deal with the complex situations that inevitably arise when such contract terms and clauses are examined in detail.
Modifié par billy the squid, 26 août 2011 - 10:03 .