MunkiLord
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Posts
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Joined
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Quote:You're right. I meant EULAs in general, that is my fault because I was not clear at all on that point.Originally Posted by Mr_NoPants
Our EULA is freely available online and you don't need to buy the game to load the client and see it either.
But at the same time if somebody buys CoH without going online and reading the EULA then they never agreed to it. They get home and open the box and they don't like the EULA and all of a sudden they can't take it back to Best Buy(or wherever it was purchased) because the box is open. That isn't right. The EULA should have to be agreed to before the sale even happens. That is the most fair solution for the consumer. -
My biggest problem with EULA is that you often don't get the chance to see them until after you purchase the software, get it home, and then open the box meaning you can't take the product back to the store.
IMO, those EULAs should never be enforceable. That would be fair. Unfortunately what's fair doesn't have much relevance in the law because, if TonyV is correct, companies like NCSoft pervert the law and our court systems to benefit themselves at our expense.
If TonyV is correct, and if NCSoft ever goes after somebody for this, then this is an example of a company that is doing great harm to the public as a whole.
Also, couldn't one make the argument that the transfer of IP in this manner is unconscionable? I mean IP rights are a huge deal in this country and the ability to transfer them in this manner just doesn't make sense.
Also TonyV, to go back to your car comparison. So if transferring IP rights is like selling a car does that then mean that NCSoft could have a clause stating that by accepting you give your personal vehicle to them and it is now their property? -
I'm all for a global bank system. IMO this should have been added when issue 9 was released.
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Quote:We were having that problem yesterday on Freedom.Originally Posted by Hellguard
I doubt today's patch was to fix the problems in that thread you linked to, considering it mentions that the problems started AFTER today's patch.
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No, they just nerfed accuracy.
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Quote:This makes much more sense.Originally Posted by Arcanaville
The US is *not* one of the countries that allows for rights to be transfered in the manner described, which is why NCSoft does not have exclusive rights to my characters.
In the US, copyright is presumed to attach "at birth" meaning the moment I create the work. NCSoft cannot then demand either ownership or exclusive rights to my work because copyright transfer must be done specifically and in writing, and exclusive transfer of rights is considered to be a copyright transfer under the law. Section 204(a) in particular governs this, and it states that copyright transfer must be signed and in writing. Furthermore, courts have consistently ruled that 204(a) should be interpreted to mean that the transfer must be explicit - it must essentially name the works in question. The EULA doesn't come close to meeting the burden of 204(a) which is why NCSoft specifically asks for a non-exclusive license. Doing so prevents them from attempting to claim something Federal Copyright law forbids, which would make the contract invalid.
The only major exception to this is the work-for-hire exception. But no player of an MMO is likely to be seen by any US court as operating as a work for hire employee. Any attempt to assert that would border on ludicrous.
It is black-letter law that the assertion that NCSoft "owns" your characters is a myth. The only kernel of truth in this is that while I own the creative work I generated, I don't own, nor do I have a license to use, any of NCSoft's intellectual property. So while I can take my characters and use them elsewhere, I cannot use the specific artwork from the character creator, I cannot use the specific descriptions of the powers in the game, nor can I use any of the backstory elements that NCSoft owns the copyright on, such as the Rikti. I can only use *my* parts of the characters. In some cases, characters may be so encumbered by IP that the player doesn't own that it is impractical to use them elsewhere. But they do own them nevertheless.
And just to be 100% clear: if I made them up, I own the names of my characters for the purposes of them being a component of an artistic work I created. Whatever the EULA says, it would be against Federal law for NCSoft to attempt to assert they own them. Once again, they can only demand a non-exclusive license to use them themselves, which is why the EULA has that escape hatch in the first place.
Trivia: there are some rights that as the creator of a work I *can't* surrender, no matter what. That's because copyright law recognizes the creator as a separate entity from the copyright holder. Even if I were to sign my rights away for a creation, there are laws that provide me with some rights to reassert or reacquire my copyright rights in certain circumstances, no matter what I've signed. These rights are granted to me when I create the work, and they stay attached to me until I die. -
If they are added on as 80 year vet rewards then no. I would rather have them as micro transactions.
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Just throwing this out there, but EULA are not always ironclad contracts. Parts have been overturned many times.
I'm not a lawyer, but is transferring all IP rights you own as simple as accepting a click through agreement?
I would love to see NCSoft(or any other company that has similar stuff in their EULA) attempt to enforce this and get sued. The public backlash by itself might be enough to get them to back down. -
I think with /ELA it depends on what you're fighting. With tough you get almost 60% S/L resist and well over the cap for Energy resist. Add in some good defense and recharge and you're gonna be tough. The heal isn't as good as /DA, but with enough recharge you can get it up near perma(you can probably get it perma, I just haven't tried yet).
Last night I took my level 22 Spines/Elec Scrapper on the Synapse TF and I was already at the resist cap. It was a ton of fun. -
Don't forget all the Achilles' Heel Procs yall can slot. I have over 100 sitting in my base that I'll be selling for 4-5 times what I bought them for. I'll be glad to sell them to you.
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My favorite neg rep comment is: "For posting in a PK thread." I just found that amusing and I think I know who wrote it.
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Quote:Just keep in mind that the DMCA makes it illegal to break DRM in software and hardware, regardless of the reason(meaning even if you're not infringing copyright). Again, I think it's B.S., but I feel people should know then make their own decision if they want to follow that law or not(I ignore it myself as I've already stated).Originally Posted by Willowpaw
They can claim "No backing up" until they are blue in the face. That does not actually trump the rights granted by federal copyright law. I believe the relevant section is 117...
I am not seeing anything there that grants the copyright owner authorization to override the rights granted to the rightful user of the software to make a backup.
I'm sure there is precedent for other works as well. But that will take a bit of extensive digging, and it is way too late at night for me to engage in such a hunt. -
Quote:No chance of getting in trouble for now. But I promise you entertainment lobbyists are trying to change that in your country as well as the rest of the world, so make sure you pay attention to bills proposed so your rights don't get taken away.Originally Posted by Lucky666
Isn't it great to be a Canadian God I love our country! where downlaods are just called file sharing and as long as no money is had we are in no chance of being in any trouble.
The worst thing any of us can do, regardless of our home country, is not pay attention to the greedy lying lobbyists, politicians, and entertainment executives. Because if we ignore these issues, things will not possibly work out in our best interests. -
Quote:I don't even mind being called an idiot, I realize my opinions and the way I state them aren't always popular. But doing it without attaching name to it is weak IMO. Oh well, no biggieOriginally Posted by Forbin_Project
As always anonymity breeds false courage. They rely on people not taking the rep system seriously enough to report them so they can "say" things they would never post in an open forum or PM. A few have even deluded themselves into thinking the red and green dots mean something to other people so they take pleasure if they can make your rating drop. It's pure malicious cowardice.
I've gotten neg rep angrily commenting on the fact my rep is off and they can't see it. -
On characters like /elec armor and /fire positional defense is usually better since it covers all damage types.
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Harkness, you may want to try reposting this in the Scrapper forums. Several people that know a ton about this stuff hang out there more than other places.
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I agree, I avoid buying products with DRM when there is an acceptable alternative. However, I also ignore the DMCA's DRM policy. For example, when I bought Call of Duty 4 the first thing I did was download a crack so I no longer had to have the disc in the drive.
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Quote:Not if you have to circumvent any DRM. Under the DMCA that is illegal.Originally Posted by Willowpaw
And even if they did attempt to claim otherwise, it would still be perfectly legal due to a thing called fair use. No matter what any imaginary property owners may claim, you always have the right to back up any media that you legally acquired.
edit: I don't agree with the law, I think it's total ********. Just throwing that out there -
Quote:I agree. I was so excited that I forgot until I had already started.Originally Posted by Fleeting Whisper
Probably not a requirement to uninstall the old version, but as with most programs, if you're downloading and installing a new version, uninstalling the old version is probably a good idea, anyway.
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Quote:I didn't uninstall the old version before installing the latest build and it works fine for me.Originally Posted by Fleeting Whisper
It was ready yesterday. Note that the previous version of Mids' is pointing at Mids' website (honorableunited.co.uk, IIRC) to check for updates, rather than the Titan-controlled cohplanner.com. In order to get I16 Mids' Hero Planner, you have to uninstall your version of the program, and download the new version from cohplanner.com.
Future versions will be capable of auto update, since the I16 version also now looks to cohplanner.com for updates. -
While I don't like the idea of losing XP, I have no problem with death penalties in general(I think they are good). But good luck getting people to agree to any penalty, debt was reduced because people cry at any little negative thing to happen.
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I get that the devs decision and opinion is the one that matters most. What I don't get is why any of yall are against it. What is so bad about this idea? All that has been said so far is that people wanting it isn't a good enough reason. I disagree, but we aren't gonna change each others mind on that. No big deal.
Also, on an unrelated note, what is with the name calling in the rep comments? It's not a big enough deal for me to report it, but there are a couple neg reps that just call me a name. Are a couple of people that much of cowards that they can't put their name behind something like that? I'm not even mad, just curious as to why somebody would do that. -
Quote:For one the broadcast spam(and that's all it is) is annoying and distracting and it really took away from the vibe Atlas Park use to have. Instead of a bunch of idiots having broadcast PvP and the costume contests there was farm spam.Originally Posted by AAQUI
I'm trying to understand, what all the hate with AE farms were? so what that people used them to farm? It just sickens me that people are so up in arms about it. if u didn't like AE farms why participate? if everyone else is paying their monthly subscription just like you are, then why are you concerned about how much of the city they see or game they experience? why is it even your business? and how does it affect your game play?
I don't think AE farming was as big a deal as some people, but I also didn't think it was good for the game either. Some of the questions level 50s asked yesterday was stuff a max level player should know. For example a level 50 asked how to get to Peregrine Island. -
I agree that not every set bonus needs to be useful to every character. But IMO the debt reduction at this point in the game is about as useless a set bonus as there can be. Debt has become almost meaningless with all the changes so I don't see much of a point in keeping the set bonuses that deal with it.
Plus if those bonuses were removed it would provide an excellent chance to make up for what I think is a lack of resist bonuses. -
Quote:No, I said you're self centered because since you wouldn't use it you don't want it added. Meaning that nobody else could.Originally Posted by DocArcus
I can't help but laugh at that. I'm self centered because I don't agree with what you want. Nice. I still have not seen a good reason for this being added. You want someone to give you a good reason. Do the same. Convince me. So far you have not done so.
I still say that if the Devs wanted us to have it, they would have added it 4 years ago when people demanded it then.
As far as reasons for it go, simple, people want it(not sure how many), they would use it, and it would make their in game life that much easier. Quality of Life is a reason for adding something.
Think of it like the ability to click on somebody's name in the chat window. We were fine without it, but it was a "little thing" thing that made the game more enjoyable for people, some more than others obviously. The ability to transfer items between characters would be the same type of improvement. Not needed, but a nice extra that doesn't harm anybody in any way.