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When you buy a coke or pepsi, you are a) buying a physical object, and b) not agreeing to a EULA stating that you are merely purchasing the right to licenses access to "their" soda as long as you obey the rules and pay a monthly fee.
| in fact i would argue that the stuff on my account is mine. And not the property of ncsoft, when i buy a coke or a pepsi its not theirs anymore. |
Orc&Pie No.53230 There is an orc, and somehow, he got a pie. And you are hungry.
www.repeat-offenders.net
Negaduck: I see you found the crumb. I knew you'd never notice the huge flag.
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You obviously have no idea what you're talking about. We're not talking about something from the Bill of Rights. We're talking about intellectual property existing only in an electronic medium. And you think the law says you can't give away your rights to intellectual property? Wow.
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Originally Posted by graystar_blaster
this part is where u agree to actually forfeit a right under the law. Its common practice but if you wanted to sue you could u cant give away your rights.
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Paragon City Search And Rescue
The Mentor Project
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Even then, the "stuff" wouldn't be his, he didn't create it.|
Originally Posted by Ironblade
You obviously have no idea what you're talking about. We're not talking about something from the Bill of Rights. We're talking about intellectual property existing only in an electronic medium. And you think the law says you can't give away your rights to intellectual property? Wow.
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You do not give away any rights as far as "gear" is concerned because not only did you not create it, you can only access it via NCSoft's good will. You only got it because of their good will. For you to own those items like you would a Pepsi, THEY would have to give away their rights.
At least it's just electronic. IIRC, the XBox is technically not something you buy, but license to use... according to it's paperwork.
Orc&Pie No.53230 There is an orc, and somehow, he got a pie. And you are hungry.
www.repeat-offenders.net
Negaduck: I see you found the crumb. I knew you'd never notice the huge flag.
NCSoft could shut the game severs down tomorrow and owe people nothing more than a refund on their unpaid time.
Arguing about who owns 'stuff' in an MMO is interesting from a legal standpoint, but ultimately useless.
@Catwhoorg "Rule of Three - Finale" Arc# 1984
@Mr Falkland Islands"A Nation Goes Rogue" Arc# 2369 "Toasters and Pop Tarts" Arc#116617
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I really didnt intend this post to go this way but here is some interesting reading|
Originally Posted by Catwhoorg
NCSoft could shut the game severs down tomorrow and owe people nothing more than a refund on their unpaid time.
Arguing about who owns 'stuff' in an MMO is interesting from a legal standpoint, but ultimately useless. |
http://www.publicknowledge.org/node/1546
it is clearly complicated, and the courts cant decide it nor can lawmakers so i doubt in a fourm post we will get it done here.
and i dont wish to keep this poing anymore i have enouigh of these conversations in my family, i dont want another in the game.
here is some other interestig cases listed on this:http://en.wikipedia.org/wiki/Software_license_agreement
http://www.internetlibrary.com/cases/lib_case209.cfm
http://en.wikipedia.org/wiki/Specht_...nications_Corp. (ignorance of the law ok in situations.. i.e. in this game minors, and gifts)
also
http://en.wikipedia.org/wiki/Step-Sa...yse_Technology
as you see there are many precedents already establish on both sides. EULAs are not easy subject. And there are many more to list i just got these in from my bud whos a IP attorney.
And as far as I.P. property i was referring to the stuff i generated not the wholesale creation of the io system but what is "mine" and i have generated" through my gameplay" using their RNG.
this is all clearly confusing and no answere will come here but i said i would post these.
o well im gonna go play now have a great day
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No, there is nothing confusing or unclear in this situation. The links you posted have no bearing on the subject at hand (and one of them doesn't work).|
Originally Posted by graystar_blaster
as you see there are many precedents already establish on both sides. EULAs are not easy subject. And there are many more to list i just got these in from my bud whos a IP attorney.
And as far as I.P. property i was referring to the stuff i generated not the wholesale creation of the io system but what is "mine" and i have generated" through my gameplay" using their RNG. |
If something terrible happened to NCSoft's servers and your account was lost, they would have no obligation to compensate you in any way. It would be a good BUSINESS decision to somehow make it up to you, but they have zero legal obligation since you lost NOTHING. The value you attach to the contents of the account is not legally relevant.
Paragon City Search And Rescue
The Mentor Project
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And since I just realized that graystar quoted the "member content" subsection...|
Originally Posted by Rajani Isa
Even then, the "stuff" wouldn't be his, he didn't create it.
You do not give away any rights as far as "gear" is concerned because not only did you not create it, you can only access it via NCSoft's good will. You only got it because of their good will. For you to own those items like you would a Pepsi, THEY would have to give away their rights. At least it's just electronic. IIRC, the XBox is technically not something you buy, but license to use... according to it's paperwork. |
Member content is purely the character you create, in basic appearance and back story (well, and now any story in the AE). Please note that it covers the bit where you can't click through your rights away - thus the "non-exclusive, royalty free" rights to use the content.
Orc&Pie No.53230 There is an orc, and somehow, he got a pie. And you are hungry.
www.repeat-offenders.net
Negaduck: I see you found the crumb. I knew you'd never notice the huge flag.
You're not *generating* any content. Those badges, purples, and salvage were generated by employees or contractors of either NCSoft or Cryptic. You performed activity to obtain access to them, but you didn't generate them. They aren't your original IP, and moreover, you probably didn't file a patent or copywrite for them (which would serve to protect the ownership you claim to have).
You're also not purchasing a product, except the initial game client, so your Coke analogy isn't valid.
You also agree to the EULA every time you log in. If you were really concerned with not giving away the rights you detailed above, you shouldn't play the game.
But here's an idea: create a "clone" of your main and get him/her to 50. Bring *that* toon to Praetoria and keep access to what you've unlocked...