Discussion: One game, one global server access
What hes saying is that the highest potential for clashes is players who have accounts on both sides and use the same global. There are more players based mainly in Europe who have an NA account than the other way around.
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If any person on that side of the pond uses Necromanis as their global, please send me a PM and lets work it out.
Global:
@Necromanis
Care to put a financial amount to the loss? Remember you are "losing" a virtual item. So how was this in any way offensive to race, ethnicity, disability, sex, or age?
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How is it offensive - simple I am European I am being treated differently from a US account holder - I am offended or if the legislative changes pass X is European, I can identify with X, X is being treated differently from a US account holder - I and/or X is offended.
Might I suggest that you talk to a solicitor before making any baseless claims of discrimination?
I'm sure that most solicitors would laugh you out of their offices. |
I can also tell you that small claims court will likely toss your suit out. To top it, all NCsoft Europe will have to do is claim technical issues beyond its control (ie a directive from the parent company and them trying to merge databases) and the judge will throw out your case. It wouldn't get that far. I doubt that any solicitor would waste their time with this. It would lead to situations like we are dealing with in this thread. Check. No more butt-monkey. |
In any event the issue is nothing to do with the actual process of merging databases - there is nothing about that which requires inequitable treatment of customers from different locales - especially given prior actions involving a similar process which was resolved more equitably.
Oh and solicitors don't waste their time - they charge for it. Whether they win or lose they get paid. It is so much better for matters to be resolved equitably before there is any risk of legal action.
Oh and just to make it clear here is the relevant section of legislation
Race Relations Act 1976 amended by The Race Relations Act 1976 (Amendment) Regulations 2003
Part IIIGoods, facilities, services and premisesSection 20
20F1. . . provision of goods, facilities or services.E+W+S.(1)It is unlawful for any person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public to discriminate against a person who seeks to obtain or use those goods, facilities or services—.
(a)by refusing or deliberately omitting to provide him with any of them; or.
(b)by refusing or deliberately omitting to provide him with goods, facilities or services of the like quality, in the like manner and on the like terms as are normal in the first-mentioned person’s case in relation to other members of the public or (where the person so seeking belongs to a section of the public) to other members of that section..
(2)The following are examples of the facilities and services mentioned in subsection (1)—.
(a)access to and use of any place which members of the public are permitted to enter;.
(b)accommodation in a hotel, boarding house or other similar establishment;.
(c)facilities by way of banking or insurance or for grants, loans, credit or finance;.
(d)facilities for education;.
(e)facilities for entertainment, recreation or refreshment;.
(f)facilities for transport or travel;.
(g)the services of any profession or trade, or any local or other public authority..
The relevant sections being 1b and 2e
Any such claim would be made under English law in the English courts that being the applicable law of the contract made between EU account holders and NCSoft Europe.
If necessary an action could be pursued in the US courts following such a judjement by virtue of agreements under the New York Convention
Mind of Gaia lvl 50 Defiant's first Mind/Storm 'troller.
Deadly Doc 50 Dark/Dark Corr
and lots more on Pinnacle,Union and Defiant
So you're trying to say that there are more EU players PERIOD, than there are NA players?
I'd love to know how you came by this little nugget of data... |
That nugget grew wings and can fly now.
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In this case, you are 100% CONFUSED. I said nothing about the NA EULA. I responded to Shadowe who said that the English statute doesn't say its limited to only discrimination that occurs within England itself. I said it doesn't say that because it doesn't have to: all laws in England only affect the jurisdiction in England. The EULA between an English player and the EU company NCSoft does business as *is* within the jurisdiction of England. But the terms between NCSoft and anyone outside of England fall outside its jurisdiction. English law cannot dictate what those can be.
Apparently your definition of the word "likely" is as fluid as your definition of "nationality." This case wouldn't even make it to court to be laughed out of it. |
As to your point regarding jurisdiction the contract in place states it is made under English Law and as such except where any part would be illegal in any other jurisdiction the local laws will recognise that both parties accept that the terms of the contract should be interpreted under English Law and not the local law. There are reciprical acts in place with many countries such that any judgement made in one jurisdiction will be upheld in another and even in locations lacking such reciprocity there are still intermational conventions which usually mean local courts will make a summary judgement requiring the payment of damages or some other remedy to the original court.
The whole point of this is not to try to raise an action against NCSoft but rather to make it clear that the proposed means of determining global and account names following the merge is seen as being inappropriate and even offensive by a significant number of EU players and hopefully push them towards looking again at alternative solutions. The whole point being that whatever solution is finally identified it must be applied "in the like manner and on the like terms" to both EU and NA player accounts.
Mind of Gaia lvl 50 Defiant's first Mind/Storm 'troller.
Deadly Doc 50 Dark/Dark Corr
and lots more on Pinnacle,Union and Defiant
This thread amazes me. Here I was thinking it was only us fools here in the States that still whip out the race card at any percieved injustice...
To all those viewing this in the EU actually in danger of having this affect them I ask two simple questions;
Would you prefer keeping your Global name and only having 4 servers to use it on? Or Maybe have to change it in exchange for 11 more?...
Seriously? Because with the amount of vitriol being thrown at the Devs for this gift not to mention the threat of legal action, however erroneously. I would expect them to just wash their hands of it and say;
"Well fine, have it you way. We won't merge afterall.... Happy now?"
But we already know the answer to that don't we? Derp.
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Maestro, from what I understand, the European servers have pretty tight knit communities, and the global name is their name. So a lot of them probably would be happier to keep it as it is now. Because in their minds, it's not quite as bad as "OK, we're wiping your old accounts, but here are nice shiny new accounts in compensation" - but it's on the continuum. And this is going to cause serious disruption. Me, I'd hate to lose GadgetDon as my global name, it's where I am everywhere - and while I'd still be part of every global channel I'm currently in and all my global friends remain global friends, it'll take a long time for people to get used to seeing "PointOfBalance23" in a chat channel and think "Oh, yeah, that's GadgetDon" (and even longer for me to memorize my friends' names - names get locked into my head).
Is it discrimination? In the dictionary meaning of the word, yes. In the normal use of the term, no. Does NC Soft have reasons it plans to do it the way they do? Yes. Is it unfair? Yeah.
Is there a better solution to satisfy more people (and in the process, provide NC Software with happier and more loyal customers)? Hell yes. I hope they realize it, and the inertia of "a decision has been made, move on to the next issue" won't stand in the way of that better solution.
My arcs are constantly shifting, just search for GadgetDon for the latest.
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GadgetMania Under Attack: The Digg Lockout
Hyperstrike, as much as I appreciate that you feel the need to get involved in an issue that clearly doesn't effect you, could you maybe try to reply without coming over as a troll please?
It reads as very rude.
Some of us EU players have GENUINE concerns about losing our identity and have the right to question the decisions made by the higher ups.
As I say, you're entitled to your opinion as much as anyone else. Can you just make it less .... pompous?
A Fishy Tale: Arc ID: 334602
Co-Leader of the CREE
http://boards.cityofheroes.com/showthread.php?t=254005 when I can be bothered.
Then you should try following the discussion that you're quoting part of.
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He even started with "My Question is" and ended with "??"
Since then everyone has spent 5 or 6 pages debating racial and ethnic discrimination regardless of how many times people (including myself) have come on and said that it has nothing to do with that. And to be honest there's been ALOT of trolling in there simply to create an argument rather than anything meaningful.
We all KNOW that this is nothing to do with racial or ethnic origin, so lets stop banging on that drum already.
I've always said and maintained that this is to do with discrimination between the account groups. And the Veterancy is the non-discriminatory way forward.
Are people REALLY that petty as to try and lump the veterancy into discrimination on a technicality? Are we really going to start grouping people into which badge they've got? Creating 50 odd different badge groups just to make a point?
The veterancy principle takes away the geographical boundaries and the account boundaries and puts the deciding factor squarely on the individual and on a basis of comparison between individuals. Kinda like going to a job interview where you will be assessed on your individual merit.
That's always been the point I've been TRYING to put across.
Can we please drop all the ethnic and racial stuff. Please?
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Hyperstrike, as much as I appreciate that you feel the need to get involved in an issue that clearly doesn't effect you, could you maybe try to reply without coming over as a troll please?
It reads as very rude. |
Some of us EU players have GENUINE concerns about losing our identity and have the right to question the decisions made by the higher ups. |
As I say, you're entitled to your opinion as much as anyone else. Can you just make it less .... pompous? |
In a sentence. I'm not trolling and feel no legitimate reason to alter my rhetorical style simply because you dislike it.
Think you need to read it again, I'm reading it as EU players will have more NA accounts than NA have EU accounts.
That nugget grew wings and can fly now. |
I find that somewhat unlikely. Not impossible. Unlikely.
I actually think LESS people would be affected if the NA server lists merged into the EU as opposed to the other way around, if nothing but for the fact that theres gonna be some truth in this exageration, how many NA players have made an EU account to come see us using the same global?
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It's simply less work overall to prune a smaller database.
Again, not supporting this. Just saying.
Not to be offensive, but how you take my words is up to you. If you want to be offended by them be my guest. That isn't how they were intended. And I refuse to go all mealy-mouthed and weasel-worded simply to spare the feelings of someone who obviously isn't thinking objectively ("objectively" being an optional filler term).
I'm not trolling and feel no legitimate reason to alter my rhetorical style simply because you dislike it. |
Point 2: By making snidey comments and breaking serious opinions down to have a snipe at each sentense is in no way constructive in my eyes. If you have something to say then say it, or at least if you're going to break down somebody's post then point out your own constructive comments to each line.
Maybe taking your time and thinking about your replies in a more friendly manner would cause less offense?
A Fishy Tale: Arc ID: 334602
Co-Leader of the CREE
http://boards.cityofheroes.com/showthread.php?t=254005 when I can be bothered.
So you're trying to say that there are more EU players PERIOD, than there are NA players?
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What I tried to say is:
The total number of NA accounts and EU accounts is not relevant to this reasoning. The non-conflicting accounts will not be affected at all, neither EU accounts or NA accounts, so we can ignore them when we're assessing the damage.
What is relevant is the subset of accounts with conflicting names. That's where the damage happens. And in that subset, there are three sub-subsets, namely the sub-subset "EU primary account conflicting with own NA secondary" (call this sub-subset S1), and the sub-subset "NA primary conflicting with own EU secondary" (S2 for short).
The third sub-subset "EU player with same global name as another NA player" (S3) is a constant; no matter who wins the conflict, in each such pair there will be one shafted player. So S3 is also ignored when assessing the damage.
If an EU global name lose the conflict, then the sub-subset S1 gets shafted, because their primary global name is changed, while the S2 is not as shafted because their secondary global name is changed.
Conversely, if an NA global name lose the conflict, then S2 gets shafted when their primary global is changed, while S1 is less so because their secondary global is changed.
Since I believe that S1 is greater than S2 - i.e. there are more EU players with secondary NA accounts, than there are NA players with secondary EU accounts - more players will be shafted if EU global names lose the conflict, than would be shafted if NA global names lost the conflict.
Now, NCsoft will try to rectify this by having a reactivation weekend prior to the change and a global name change on self-induced conflicts, which is very decent. But my point is that less accounts would be affected, and perhaps a reactivation and global name change wouldn't even be needed, if it was NA accounts that lost global name conflicts.
Still @Shadow Kitty
"I became Archvillain before Statesman nerfed himself!"
And this is going to cause serious disruption. Me, I'd hate to lose GadgetDon as my global name, it's where I am everywhere - and while I'd still be part of every global channel I'm currently in and all my global friends remain global friends, it'll take a long time for people to get used to seeing "PointOfBalance23" in a chat channel and think "Oh, yeah, that's GadgetDon" (and even longer for me to memorize my friends' names - names get locked into my head).
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Would you prefer keeping your Global name and only having 4 servers to use it on? Or Maybe have to change it in exchange for 11 more?... |
Yes I rather keep my global and 4 servers. (I believe others agree with this sentiment). I guess it is the fact that I only play on one as it is.
Anyway this legal stuff is a wee bit too much for my taste.
EU Global: @Night Druid
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Toxic Glow: I was tryin' ta teach her not ta refer ta herself in the third person, an it backfired
Explorer-less version of Windows? Surely what program gets used to manage files?
I think you mean "Internet Explorer". There is also a "Windows Media Player" free version of Windows. |
The point is that an American company has been forced to comply to a ruling of a governing body of the European Union, including building a special version of their software and pay quite a hefty fine, despite the American company being non-European.
Still @Shadow Kitty
"I became Archvillain before Statesman nerfed himself!"
Still @Shadow Kitty
"I became Archvillain before Statesman nerfed himself!"
Would you prefer keeping your Global name and only having 4 servers to use it on? Or Maybe have to change it in exchange for 11 more?...
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How would 11 more servers that I wouldn't visit make me happy?
Seriously.
Still @Shadow Kitty
"I became Archvillain before Statesman nerfed himself!"
I think I speak for the majority of EU players when i say that we'd rather NOT merge if it meant losing our global names. I only play on one server as it is and still have slots free on it.
Defiant 50's
Many and varied!
@Miss Chief
I think I speak for the majority of EU players when i say that we'd rather NOT merge if it meant losing our global names. I only play on one server as it is and still have slots free on it.
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If I lose my Global Name? Well, I'd be surprised as I'll be sorting out my ex-US account thanks to the reactivation/rename so the only real option for me to lose it is someone being malicious.
However, I can understand the frustration that some of my EU brethren have and if it does turn out that a significant number of EU players will be affected. So how about it, what percentage of EU customers are going to be affected by this? (all that has been said so far is "this was the lowest number of users that would be affected by this account name change" and nothing about the Global Name change at all)
The other thing that has still to be addressed is Global Channels (I have PM'd Zwillinger with this a few days ago, but no response yet). What's happening with conflicts on Global Channels (or are all our channels being wiped?)
So, TL;DR...
- Please release the percentage of EU accounts that will be affected by a Global Name conflict, assuming same Globals are chosen post-merge? (so we can be speaking from an informed position)
- What is happening to EU Global Channels? Will they cease to be, or otherwise how will conflicts be handled?
That's just the login name. However, if there's a conflict about @GadgetDon, and he is Euro, and he first logs in on the character DonCocky, he will no longer be @GadgetDon. He will be @DonCocky, unless there already is a @DonCocky - then he will be @DonCock.
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Originally Posted by Back Alley Brawler
Did you just use "casual gamer" and "purpled-out warshade" in the same sentence?
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Defiant 50's
Many and varied!
@Miss Chief
The point is that an American company has been forced to comply to a ruling of a governing body of the European Union, including building a special version of their software and pay quite a hefty fine, despite the American company being non-European.
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I am not saying that NCsoft are guilty or innocent of "discrimination"... it all depends on your point of view.
I don't think that they are guilty, purely on the basis that we are still being able to play the game, service hasn't been cut off for us, and that our characters/accounts are staying the same (essentially).
THE ONLY CHANGES ARE IN
1) An account name IF there was someone else who had a US account under the same name (note: the player isn't themselves able to change their login account name normally, so this cannot be viewed as "discrimination". Nor is the player able to "delete" accounts either).
2) The Global Name... ok this one i can understand why people are getting "all uptight" about. I wasnt even the 1st person on the EU side to use my global. But it one that I am generally known as even out of game (and its been my nickname for about half my life). But i can also understand some technical problems that can arise from merging two databases
side note: If you have EVER undergone a server merge in other games, one side loses out, and its the one that is joining the "named" server. Again, this is to reduce the chance of technical problems (typically the screwing up of both databases). I would imagine the same would happen over here. If Defiant merged into Union, the Defiant characters would be the ones more likely to be renamed over the "Union" characters. Flip side: If the Defiant database was LARGER than the Union database, the reverse would happen, Union characters would be affected instead of the Defiant ones.
Shrugs, personally I think that some people could do with a "rename" anyway, if anything just to what people tend to call them.
*dubs himself: CaffeineGangrel*
*edit* Now if Paragon Studios pull through and do a "global name wipe" of inactive trial accounts (at least), and long term Paid Accounts (1 year ish) then that would be marvellous. Not holding my breath, but at least its *something* towards resolving the whole problem.
Point 1: You state that I may be taking your use of words in the wrong context and yet you previously questioned someone who EXPLAINED their meaning of the word "Descrimination". Kettle and black spring to mind there
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Point 2: By making snidey comments and breaking serious opinions down to have a snipe at each sentense is in no way constructive in my eyes. If you have something to say then say it, or at least if you're going to break down somebody's post then point out your own constructive comments to each line. |
As for my posting style of dissection. Your objection is that you dislike it because you think it's aimed at deconstructing the argument it replies to.
Very good. Note that I'm deconstructing the argument and not the person as you've been doing with me here (and dragging the conversation off-topic).
Whether you like this style of retort is completely immaterial.
Maybe taking your time and thinking about your replies in a more friendly manner would cause less offense? |
Howsabout we just save time here and I stop responding to your efforts to try and label me a troll and we get back to the discussion at hand?
I'd love to know how you came by this little nugget of data...
This is probably hyperbole, since we can't possibly know without the data whether thats the case, or by pure random luck many globals are shared across the pond by different people.
I actually think LESS people would be affected if the NA server lists merged into the EU as opposed to the other way around, if nothing but for the fact that theres gonna be some truth in this exageration, how many NA players have made an EU account to come see us using the same global?
While how many of us EU account holders are in that position?