133 réponses à ce sujet

[Maria Caliban]

Yojimboo wrote...

You never signed a NDA correct but you sure plowed through many end user license agreements, every game has it in the installer.

And not one EULA says you can't let people watch a game while you play it.

[Colinissile]

GnusmasTHX wrote...

Colinissile wrote...

Hey I was just wondering what "Boware" is? Some kind of new company producing "bows"?...Could be a typo in the thread title...nah.

They're the company that made bo-flex. For reals.

Ya don't say? Hm....Maybe Bioware and Boware should get together and make some sort of Shepard-endorsed Spectre-approved exercise DVD or something...learn to get that killer ass!

[Maria Caliban]

I’m watching someone play the game right now, so BioWare hasn’t taken anything down.

[Spaghetti_Ninja]

MojojojoeJDH wrote...

Looks like the Justin.tv streams are down, at least the one with the best quality. Gotta say thats a bit petty. Unless they can prove that the person streaming had a pirated copy and not a legitamate one from a store that broke street date I don't see BW as having a right to take that stuff down. Because if the person bought it I believe that streaming would be under fair use, something that the jerks at sony and warner music group don't get either.

I'm sure the BioWare worshipers are going to some to their gods defense and get all over my @**

I'm sure one argument is going to be they don't want spoilers. If you don't want spoilers, DON'T WATCH.

Another will most likely be... It's their game they can do what they want. Its the persons money they bought it they should be allowed to broadcast themselves playing it.

HAHAHAHAHA.

No.

You don't own the game. You buy PERMISSION to play one copy of the game. It's all in the Terms of Service, read them if you like. This isn't like buying a car. The game itself remains property of Bioware. And broadcasting footage of it before the release date is ILLEGAL.

Modifié par Spaghetti_Ninja, 21 janvier 2010 - 11:43 .

[Rip504]

I don't know what you mean by that???Could you stop beeding around the bush,and say what you have to ???

[MrGOH]

Maria Caliban wrote...

merikano wrote...

It's f*cking up their marketing campaign. Are they supposed to play dead while some slacker does that?

As long as some ‘slackers’ bought the game, then yes. I don’t recall ever signing an NDA when buying something from my local gaming store.

That said, I don’t know if this is a case of BioWare stepping in. Both of the streams I saw have been going up and down. One because of syncing problems and another because people can’t play games 24/7.

I saw one go down at the copyright owner's request. Rebroadcast via a stream is definitely not covered under Fair Use in the US, although a lot of game companies don't particularly care so long as no one is making money off of the feed. Apparently EA does care. Some will unilaterally grant limited licenses to broadcasters and other similar content users as a friendly and protective gesture.

The broadcast of gameplay is definitely not illegal - the cops won't bust down your doors unless you continue to broadcats after being given a takedown notice and then refuse to show up to court after ignoring the copyright holder's request for damages.

Breaking the street date is also not illegal; it's a contract violation. Buying games from vendors who break the street date is also legal, and will never get you into legal trouble.

[merikano]

You misinterpreted what I meant when I said 'slackers' but whatever, people choose to do so several times - see my signature.



Anyway, by 'slackers' I meant that they weren't the ones who spent years developing a game only to see it smeared over the net a week before its release. I never said anything about money or the nondisclosure agreement.

[Jay Leon Hart]

MojojojoeJDH wrote...
Another will most likely be... It's their game they can do what they want. Its the persons money they bought it they should be allowed to broadcast themselves playing it.

I put it to you that it's actually BioWare's game and if they want to have it released on the 26th (29th for me >_<) then they have every right to reinforce that in whatever manner they so choose.

[Yojimboo]

Maria Caliban wrote...

Yojimboo wrote...

You never signed a NDA correct but you sure plowed through many end user license agreements, every game has it in the installer.

And not one EULA says you can't let people watch a game while you play it.

Quote:

This License governs your use of this software product and all related documentation, and updates and upgrades that replace or supplement the software in any respect and which are not distributed with a separate license (collectively, the "Software"). This Software is licensed to you, not sold.

Further Restrictions. Your right to use the Software is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, create works from, or use the Software or any component of it, except as expressly authorized by EA. Unless expressly authorized by EA, you are prohibited from making a copy of the Software available on a network where it could be used by multiple users. You are prohibited from making the Software available over a network where it could be downloaded by multiple users. You may not remove or alter EA’s trademarks or logos, or legal notices included in the Software or related assets.


This is the Mass Effect 2 EULA

www.ea.com/portal/pdf/legal/EULA_en_MassEffect2_ALL_20091027_50724_1.pdf

[SnowHeart1]

I have no idea if it's illegal or not; conceptions about what is and is not fair use are highly disputed even among lawyers (my husband does IP law and even he gets confused on occasion). I would be amazed if anyone contended sitting in a room and watching someone play the game is a violation of copyright. Without reading it, I would guess the license probably has more to do with distribution and playing than "viewing", but... who knows. Someone feeling industrious could look up an EA EULA and see if there is something in there about broadcasting.

Edit...  ^ Like he did. 

Modifié par SnowHeart1, 21 janvier 2010 - 11:47 .

[It IS Lupus]

MojojojoeJDH wrote...

It IS Lupus wrote...

Soooooo bioware is petty because they are taking down unauthorized video of their game.....before it hits the street? so i can totally see why that is petty. I Agree with Bioware taking these videos/streams down. Not because they are gods, but because this is just wrong. People using smaller mom and pop stores/pirating to get the game prior to the street release of a video game.

 Copying the game is illegal. The mom and pop store breaking the street date might be illegal. Getting the game by use of priating is illegal. Buying a game at a mom and pop store isn't illegal. I see broadcasting as a grey area.

I say its petty because it isn't hurting anyone, if anything BW is getting free advertising. I planned on getting the game anyways but after seeing the stream how can you not want to. The game looks great and seeing it in action is alot better then watching previews which are designed to be fluff pieces. I want to see the game carry its own weight without a BW dev holding their games hand giving it praise and talking about all the changes they have made. If a game can't carry its own weight without a dev there to fluff it, its not a good game. Watching raw broadcast footage lets people see how the game handles itself without training wheels.

If you wanted to see the game in action people are playing it all over the place, and they are getting paid to do it. Bioware is paying people to do it. They dont need these shmucks Ruining the story for everyone else by posting it online before everyone else can get their hands on it. I'm not saying its wrong, but if you DO manage to get the game early do NOT spoil it for us by spamming the internet with it.

Here is the link to the Devs playing the game, where you can see it first hand http://www.xfire.com/cms/xf_xfss_me2/

[MrGOH]

Spaghetti_Ninja wrote...

MojojojoeJDH wrote...

Looks like the Justin.tv streams are down, at least the one with the best quality. Gotta say thats a bit petty. Unless they can prove that the person streaming had a pirated copy and not a legitamate one from a store that broke street date I don't see BW as having a right to take that stuff down. Because if the person bought it I believe that streaming would be under fair use, something that the jerks at sony and warner music group don't get either.

I'm sure the BioWare worshipers are going to some to their gods defense and get all over my @**

I'm sure one argument is going to be they don't want spoilers. If you don't want spoilers, DON'T WATCH.

Another will most likely be... It's their game they can do what they want. Its the persons money they bought it they should be allowed to broadcast themselves playing it.

HAHAHAHAHA.

No.

You don't own the game. You buy PERMISSION to play one copy of the game. It's all in the Terms of Service, read them if you like. This isn't like buying a car. The game itself remains property of Bioware. And broadcasting footage of it before the release date is ILLEGAL.

I've never agreed to any terms of service when playing an Xbox game, and nothing ever pops up requesting that I do.

[SnowHeart1]

MrGOH wrote...

I've never agreed to any terms of service when playing an Xbox game, and nothing ever pops up requesting that I do.

Um, that won't fly in court.  Certainly not a US court.  Good luck with that, though.

[the_devils_aid]

MojojojoeJDH wrote...

It IS Lupus wrote...

Soooooo bioware is petty because they are taking down unauthorized video of their game.....before it hits the street? so i can totally see why that is petty. I Agree with Bioware taking these videos/streams down. Not because they are gods, but because this is just wrong. People using smaller mom and pop stores/pirating to get the game prior to the street release of a video game.

 Copying the game is illegal. The mom and pop store breaking the street date might be illegal. Getting the game by use of priating is illegal. Buying a game at a mom and pop store isn't illegal. I see broadcasting as a grey area.

and here is your problem. noone cares about how you see it. not one person  at bioware, or any legal firm. all that maters is what the law says, and streaming w/o permission before the legal street date is not only high douchebaggery, but also illegal. and anyone who trys to argue otherwise is some trolling kid that had their fun takin away.

[12daws]

[Yojimboo]

MrGOH wrote...

Spaghetti_Ninja wrote...

MojojojoeJDH wrote...

Looks like the Justin.tv streams are down, at least the one with the best quality. Gotta say thats a bit petty. Unless they can prove that the person streaming had a pirated copy and not a legitamate one from a store that broke street date I don't see BW as having a right to take that stuff down. Because if the person bought it I believe that streaming would be under fair use, something that the jerks at sony and warner music group don't get either.

I'm sure the BioWare worshipers are going to some to their gods defense and get all over my @**

I'm sure one argument is going to be they don't want spoilers. If you don't want spoilers, DON'T WATCH.

Another will most likely be... It's their game they can do what they want. Its the persons money they bought it they should be allowed to broadcast themselves playing it.

HAHAHAHAHA.

No.

You don't own the game. You buy PERMISSION to play one copy of the game. It's all in the Terms of Service, read them if you like. This isn't like buying a car. The game itself remains property of Bioware. And broadcasting footage of it before the release date is ILLEGAL.

I've never agreed to any terms of service when playing an Xbox game, and nothing ever pops up requesting that I do.

EULA for console games are in the guidebook.

[MrGOH]

SnowHeart1 wrote...

I have no idea if it's illegal or not; conceptions about what is and is not fair use are highly disputed even among lawyers (my husband does IP law and even he gets confused on occasion). I would be amazed if anyone contended sitting in a room and watching someone play the game is a violation of copyright. Without reading it, I would guess the license probably has more to do with distribution and playing than "viewing", but... who knows. Someone feeling industrious could look up an EA EULA and see if there is something in there about broadcasting.

Edit...  ^ Like he did. 

Doesn't matter what's in the EULA - registered copyright ownership automatically includes exclusive right to publish, which a broadcast or stream undisputedly falls under. But that doesn't make broadcast of other people's IP illegal, it just gives the IP owner the right to pursue legal action, or not. At least in the US.

[TheShazzbot]

MojojojoeJDH wrote...

Looks like the Justin.tv streams are down, at least the one with the best quality. Gotta say thats a bit petty. Unless they can prove that the person streaming had a pirated copy and not a legitamate one from a store that broke street date I don't see BW as having a right to take that stuff down. Because if the person bought it I believe that streaming would be under fair use, something that the jerks at sony and warner music group don't get either.

I'm sure the BioWare worshipers are going to some to their gods defense and get all over my @**

I'm sure one argument is going to be they don't want spoilers. If you don't want spoilers, DON'T WATCH.

Another will most likely be... It's their game they can do what they want. Its the persons money they bought it they should be allowed to broadcast themselves playing it.

Bet you still buy the game regardless.

[Yojimboo]

MrGOH wrote...

SnowHeart1 wrote...

I have no idea if it's illegal or not; conceptions about what is and is not fair use are highly disputed even among lawyers (my husband does IP law and even he gets confused on occasion). I would be amazed if anyone contended sitting in a room and watching someone play the game is a violation of copyright. Without reading it, I would guess the license probably has more to do with distribution and playing than "viewing", but... who knows. Someone feeling industrious could look up an EA EULA and see if there is something in there about broadcasting.

Edit...  ^ Like he did. 

Doesn't matter what's in the EULA - registered copyright ownership automatically includes exclusive right to publish, which a broadcast or stream undisputedly falls under. But that doesn't make broadcast of other people's IP illegal, it just gives the IP owner the right to pursue legal action, or not. At least in the US.

Correct, i never said it's illegal ;P.

[MrGOH]

Yojimboo wrote...

MrGOH wrote...

Spaghetti_Ninja wrote...

MojojojoeJDH wrote...

Looks like the Justin.tv streams are down, at least the one with the best quality. Gotta say thats a bit petty. Unless they can prove that the person streaming had a pirated copy and not a legitamate one from a store that broke street date I don't see BW as having a right to take that stuff down. Because if the person bought it I believe that streaming would be under fair use, something that the jerks at sony and warner music group don't get either.

I'm sure the BioWare worshipers are going to some to their gods defense and get all over my @**

I'm sure one argument is going to be they don't want spoilers. If you don't want spoilers, DON'T WATCH.

Another will most likely be... It's their game they can do what they want. Its the persons money they bought it they should be allowed to broadcast themselves playing it.

HAHAHAHAHA.

No.

You don't own the game. You buy PERMISSION to play one copy of the game. It's all in the Terms of Service, read them if you like. This isn't like buying a car. The game itself remains property of Bioware. And broadcasting footage of it before the release date is ILLEGAL.

I've never agreed to any terms of service when playing an Xbox game, and nothing ever pops up requesting that I do.

EULA for console games are in the guidebook.

Which you cannot access before purchase, and if you disagree you cannot return the game you bought to most retailers. That doesn't sound like much of an enforcible contract.

[Yojimboo]

MrGOH wrote...

Yojimboo wrote...

MrGOH wrote...

Spaghetti_Ninja wrote...

MojojojoeJDH wrote...

Looks like the Justin.tv streams are down, at least the one with the best quality. Gotta say thats a bit petty. Unless they can prove that the person streaming had a pirated copy and not a legitamate one from a store that broke street date I don't see BW as having a right to take that stuff down. Because if the person bought it I believe that streaming would be under fair use, something that the jerks at sony and warner music group don't get either.

I'm sure the BioWare worshipers are going to some to their gods defense and get all over my @**

I'm sure one argument is going to be they don't want spoilers. If you don't want spoilers, DON'T WATCH.

Another will most likely be... It's their game they can do what they want. Its the persons money they bought it they should be allowed to broadcast themselves playing it.

HAHAHAHAHA.

No.

You don't own the game. You buy PERMISSION to play one copy of the game. It's all in the Terms of Service, read them if you like. This isn't like buying a car. The game itself remains property of Bioware. And broadcasting footage of it before the release date is ILLEGAL.

I've never agreed to any terms of service when playing an Xbox game, and nothing ever pops up requesting that I do.

EULA for console games are in the guidebook.

Which you cannot access before purchase, and if you disagree you cannot return the game you bought to most retailers. That doesn't sound like much of an enforcible contract.

Thats not the debate where are here about, it's in their right to take down that stream, thats all i wanted to say.

Modifié par Yojimboo, 21 janvier 2010 - 11:54 .

[Draxinum]

nm

Modifié par Draxinum, 21 janvier 2010 - 11:59 .

[Darth_Shizz]

 http://community.eu....?v=mpbl-1&px=-1

[Sunflower Samurai]

Modifié par Sunflower Samurai, 21 janvier 2010 - 11:57 .

[MojojojoeJDH]

SnowHeart1 wrote...

MrGOH wrote...

I've never agreed to any terms of service when playing an Xbox game, and nothing ever pops up requesting that I do.

Um, that won't fly in court.  Certainly not a US court.  Good luck with that, though.

This is the great thing about the internet, there is no way to know if that poster is man, woman and really has a husband who just happens to work in IP law, seems convenient.

Here is more EULA and there is no way anyone on these forums would do this.

5. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from EA if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. Termination will not limit any of EA’s other rights or remedies at law or in equity. Sections 5 - 10 of this License shall survive termination or expiration of this License for any reason.