Aett_Thorn

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  1. Quote:
    Originally Posted by T_Immortalus View Post
    How about 13 year old children who their parents give a debit card to keep their money safe while allowing them purchases and they use it to buy the game that they are allowed to play yet are not able to legally enter into a binding contract without the consent of a parent or guardian?

    There are so many ways to attack it beyond just logic alone.
    Really? This is the best you've got? From the EULA:

    "(a) Eligibility. By clicking the "I Accept" button you represent that you are an adult 18 years of age or older or, if under 18 years of age, that you have the consent of a parent or guardian and will provide their details where requested. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Members." "

    Basically, the child shouldn't have been clicking the "I Agree" button without a parent's consent. And any lawyer would tell you the same.



    Quote:
    All I am saying is that the practice of selling content and then selling the time, without which it can't be used, to use it, especially without at least some time to use it no matter how small the content or time(though that can be illegally small), is shady at best and illegal at worst.

    It can and should be tried in a court of law.
    Why do you think they give you a free month? Could it be for just this reason???? If you bought a box of the game, you got a free month of service. My cable company sure wasn't that nice to me when I signed up. Neither was my electric company. and I had to pay both a startup fee.
  2. Quote:
    Originally Posted by T_Immortalus View Post
    Yes, but then why charge for the content as an ownership fee at all?
    Why can we not use the product offline when it costs them nothing for that so long as we pay for the content to cover the cost of the content.
    Because most of the data is located on their servers. You need to be online to access their servers. Except for character data, what's on your computer is a fraction of what you need to actually run the game. Purchasing the game covers a lot of the development costs of the game. The subscription pays for server maintenance and upgrades, program stability and bug fixing, and if the Devs are generous, continued content generation. However, if it was just subscription costs, they'd never have been able to pay back the development loans/costs.


    Quote:
    My issue is that the status of the game as a product, service or both has never been tested, nor the resultant fees of them charging as both a product and a service.
    Can you prove this? Because I'm pretty sure that it HAS been tested, and that the service providers were found to be within the bounds of law.

    Quote:
    Sure, the EULA may say that, but they certainly don't rice or sell the content as a service. They offer a physical box even. That's not what a service provides and it isn't under the price of the service entirely, $15.
    Anyone who bought this game and didn't think that it was a service-based game was either a) ignorant, or b) couldn't read. If you bought the box, you should have READ the box, which would have spelled most of it out for you.


    Quote:
    I wouldn't be surprised if this were to go to court and prove to all of you that you were being misled and duped into paying more than you should have for a product and/or service that you did not get the full value of, which is where price-gouging comes in with the full value argument.
    Like I said, go ahead. Waste a ton of your money doing so. I eagerly await the crow I'll have to eat. Oh wait, I won't have to eat any, because you're wrong, it's been proven that you're wrong, and judges and juries back up that you're wrong.
  3. Quote:
    Originally Posted by T_Immortalus View Post
    1) Most people do not question it. I didn't at first because I just wanted to play.
    Ignorance is not a valid legal defense. You could have read and disagreed then, but you didn't. This is exactly like choosing not to follow a speed limit sign that you saw because you "just wanted to drive."

    Quote:
    2) Those who do question then just avoid subscription game on principle, same with other services. They don't have a real right to sue when they have no idea how it really is and haven't fallen prey to it.
    Also, they don't have legal standing, as they can't show harm.

    Quote:
    3) Laws are reactive and get made when things are found to be wrong. There could very well be no law truly preventing it, but a civil suit brought against the company can still be made and eventually lead to a law if the companies do not voluntarily change as a result of the case.
    Laws are sometimes reactive, and sometimes proactive, depending on the law. Laws can also be interpreted to have an impact on something that wasn't around when the law was enacted. EULAs can fall into this category if you consider them a general contract. Contract law was around well before EULAs, and can hardly be said to be reactive when applied to them. Torts are a different case entirely. However, considering that the game client is free, the following case law can apply:

    "Further, in ProCD v. Zeidenberg, the license was ruled enforceable because it was necessary for the customer to assent to the terms of the agreement by clicking on an "I Agree" button in order to install the software. In Specht v. Netscape Communications Corp., however, the licensee was able to download and install the software without first being required to review and positively assent to the terms of the agreement, and so the license was held to be unenforceable."

    Now, you can make a case that since you bought the box, that you didn't have the chance to download it first before you bought it. That still doesn't mean that you couldn't have done that. You could have installed the game client, read the agreement, and then purchased the game before you logged in. I'm sure that people have done this. As such, since NCSoft gives you the ability to read the agreement before you buy the game (it's also up on their website), the EULA that is in-game would be considered an enforceable contract.

    And before you say something stupid like, "people don't read the EULA before buying a game," I'll warn you that I did this exact thing, because I wanted to know what I was signing up for.

    Quote:
    4) It isn't the subscription that is an issue, not entirely. I would gladly pay for "server access fees", but I expect that if I pay a fee for content I will be able to use that content without accessing the servers and being forced to pay again.
    If the content is server-based, then that is an unreasonable expectation. That is like asking to be able to view yesterday's television lineup after it has happened. MMORPGs also don't advertise that you will be able to play without access to the servers, so there's no false advertising there. And once you read the EULA, you'll find that your expectation would not happen, so suing based on it won't get you anywhere.
  4. Quote:
    Originally Posted by T_Immortalus View Post
    Maybe I should go ahead and sue. I wonder if I can find a lawyer or group of lawyers that will try this logically pretty sound case and only charge when/if I win?
    It would sure teach these companies a lesson about fair treatment of customers.

    I really don't want to kill a good game with legal proceedings that will drastically reduce their available revenue though.
    The lawyers may take the case, but would tell you not to advance with it as soon as they read the EULA, which you have to agree to before you even login. Even if you think that an EULA isn't legally binding, which the jury is still out on, the EULA educates you to the fact that a subscription will be required.

    Heck, I think it was mentioned on the side of the box, too.

    In short, you don't have a case. But if you want to waste money, go ahead and hire a lawyer.
  5. Quote:
    Originally Posted by T_Immortalus View Post
    Right now they do. I could sue them for past expenses, the box and content costs specifically(and get much more than I paid as a punishment to the company for screwing customers), for charging a secondary fee that was not agreed to on a signed form before purchase.
    Good luck with that. I don't know of any law that would prevent this kind of thing from happening, because with the free month, you have a month to educate yourself about the policy. Or, knowing that it's a subscription-based game, you shouldn't be surprised that it comes with a subscription cost.
  6. Quote:
    Originally Posted by T_Immortalus View Post
    1) I disagree with their option to turn off access to the content I paid an ownership fee for beyond the first month payment of $15.
    They charged me more than $15 for the box; they even charged more than $15 for a digital copy.

    That is not right in any way to deny content the customer owns even if they can't use it on the company servers.


    2) You pay as a service for Hulu, not as a product. You have to sign an agreement before you can pay as well, right?
    This game requires no service agreement and we pay for content as well. That is not right.

    You also can record things on Hulu when you are unable to watch it, right? You can on satellite TV with a free DVR box with the agreement.
    1) But THEY'RE not turning it off: you are.
  7. Your builds are going from bad to worse. Starting to wonder if you're serious or not.
  8. Quote:
    Originally Posted by Dual Hammer View Post
    it is a question, so you are saying that you can do this on 1 of te test servers?
    No, what they are saying is that once you get a character on a live server up to the level that you want to really focus on his build, you can copy it to the test server, and try things out before you do it on the live servers, where it's a bit more permanent and costly.
  9. Here's the three scenarios that I see coming down the road for me (since I'll stay a paying subscriber), and my likely response to them:

    1) I continue to pay, and between the 400-550 points a month I'll get and the premium content I get for free, I'll end up with the same amount of content/stuff I get now: I'll be happy. (and this includes paying randomly for a few choice items I want, like the booster packs now)

    2) Due to the increase in funds the Devs get, I end up getting MORE than I'm currently getting without needing to pay for it: I'll be ecstatic.

    3) I end up getting LESS than what I currently get now, and need to pay additional funds to get what I consider to be the baseline level of content: I will not be happy.



    From what I've seen on the Beta server, it APPEARS that it'll most likely be option 1. Maybe somewhere between 1 and 2. However, I can easily see it going in the direction of 3, and that's what worries me. If I quit, yeah I'll still have more than I would if I quit now, but that doesn't change the fact that my subscription might be devalued. I will wait and see how it actually shakes out, but I wouldn't be surprised if it eventually goes in the direction of 3.
  10. Quote:
    Originally Posted by Gemesis View Post
    I'd like forum users to learn to search before posting.
    I'd like people to learn how to spell archetype. I mean, it's not like it's not posted correctly in several places on the forums.
  11. Quote:
    Originally Posted by Obsidius View Post
    Weird, I thought this big forum labeled "Feedback - City of Heroes Freedom and Issue 21: Convergence VIP Beta" would have been appropriate, since if you can post here, you can post there

    That's all I've got, because that post is honestly TL;DR.
    To be truthful, though, if you log directly into the "English" forums, you don't ever see that area. Took me a while to find it, and I knew that it existed.
  12. Quote:
    Originally Posted by DarkGob View Post
    You understand that you lose nothing if you're still subscribed, right? You understand how completely silly from a financial standpoint it would be for them to give Premium members access to everything they had as a VIP without having to pay anything for it, right?

    I'm guessing the answers to these two questions is no, so I'll finish up with the inevitable third: Can I have your stuff?
    I think his problem is more that the prices are so out of whack with what they should be that it would cost way too much to get back that functionality, and you're only renting some of it.
  13. Long post is looooooooong.

    That being said, a lot of what you're complaining about I've seen a lot of complaints about over in the Beta feedback forums. I would strongly recommend you post your thoughts in the relevant places there.

    I agree with a lot of what you're saying, I really do, but there's not much that can be done from here. The Devs are looking much more in the beta forums, which are open to everyone right now. If you don't see them, under the main banner, click on the "City of Heroes Forums" button right next to the folders, and they'll be on the top of the new page. Check them out.
  14. No, not really.

    1) Why are your attacks not slotted for Accuracy? You're not likely to hit anything.

    2) Why is Piercing Rounds not fully slotted for Damage?

    3) Personal Force Field doesn't need any slotting for Defense. It gives you soft-capped defense just by itself, or close enough.

    4) Trip Mine > Time Bomb. Slot Trip Mine (don't know why you took it and then didn't slot it). I'd actually say that it's not worth the power pick to take Time Bomb, but if you want it, go for it.

    5) You're slotting a lot of EndRed in your powers, but then don't slot Stamina. Why?
  15. Quote:
    Originally Posted by je_saist View Post
    The exact numbers will likely not be finalized until the on-going VIP beta ends.
    That said, I don't know why they wouldn't hold to every other secondary/primary conversion when you go from Brutes to Tankers. Basically, Brute values are 75% of Tanker values.

    As such, you have the following numbers:

    Brute Values

    Focused Fighting, Focused Senses, Evasion: 13.9%
    Agile, Dodge, Lucky: 5.63%
    Elude: 45%


    Tanker Values

    Focused Fighting, Focused Senses, Evasion: 18.53%
    Agile, Dodge, Lucky: 7.5%
    Elude: 60%
  16. Quote:
    Originally Posted by SolarSentai View Post
    If the reboot-movie series goes past the second movie, I wonder if they'll do something related to Star Trek 4.

    I mean... changing the timeline shouldn't have an effect on that probe still coming to Earth looking for whales right? Right? Right?????
    It also shouldn't have any impact on V-Ger coming back.
  17. Go Corruptor. Because why not?!
  18. Quote:
    Originally Posted by Lothic View Post
    Not sure exactly - maybe the forum database burped or something. That, or I subconsciously used the same Jedi mind trick that made everyone think Kirk was ready to take command of the Enterprise.
    In addition to that gaping plot hole, did anyone else find it weird that the Romulans that got pushed back in time were so mad at the Vulcans? I mean, the Vulcans were coming to save them. They might have been a bit late, but they were still trying. It's not their fault that the star went supernova.

    If my entire civilization had been destroyed by a supernova, and I had gotten thrown back in time, my first priority wouldn't be to take vengeance on the people who were trying to help me. It probably would've been to go and warn my civilization, or maybe try to work on something that could save them.


    Still, given that the Romulans in this timeline should be at least semi-aware of their impending doom, having them be a little bit more aggressive as they try to find places that will be safe might not be a bad plot line.
  19. You're welcome, all, for bringing you some of the details. It's been sitting on my computer for so long, just waiting to get out.

    Now, obviously some of the numbers are off, as they changed in Closed Beta. If anyone wants to get me the new numbers, I'd be more than willing to update my info.

    Happy Hunting!
  20. Aett_Thorn

    Restricted AT's?

    Quote:
    Originally Posted by midgard2 View Post
    I need to, esp since bugs in the game like my rest power not showing up in my tray when I lvl to lvl 2 still after a year of petitioning still are around.
    That's not a bug. You might not like it, but I've never heard that it's supposed to just pop into your power tray. No other inherent power does that.

    As for the rest? Yeah, it's still in Beta. Not on the test server. The Beta server. The Devs shouldn't have everything done on the Beta server. That's where it goes for stress testing and the identification of bugs that they couldn't find with a small group. When it goes to the Test server, that's when it should have most of its bugs worked out.
  21. Quote:
    Originally Posted by Amy_Amp View Post
    Having read the list, I'm still trying to figure out what sets would be a good match for it.
    For Defenders and Corruptors, I think any set without redraw, possibly Rad Blast or Elec blast will work well because of their PBAoE attacks. For Controllers, I think that Elec control would work well, due to similar melee-draining/debuffing goodness. For MMs, any Melee pet set.
  22. Yup, that can happen. You can either street sweep until level 5, or board the train and go to King's Row. Once there, you can get a police scanner which should offer you some missions.