Concerns about the new EULA


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Posted

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Originally Posted by SlickRiptide View Post
According to the EULA, which is what we're talking about, it DOES magically become NCSoft's. They are always within their rights to choose to not exercise their rights. In fact, the new EULA says that very thing, multiple times.

In any case - the party line has always been "If you care about such things, then don't put it to the test. However, all we really care about is that we are able to use the character freely ourselves."

Using Mercedes Lackey as an example - If NCSoft chose to publish a novel or a comic book starring Vicky Vee, there's technically nothing that Ms. Lackey could do about it other than close her account. It's highly doubtful that they WOULD do something to piss off a high profile customer like that, but the EULA lets them do it if they wanted to.
The EULA lets them do it because it requires you to grant to them an unlimited non-exclusive license to use any creative work you create in the game, not because they own it. At least in the US, copyright ownership cannot be transferred that way, and the exception clause is triggered in that case.

As to the legal theory that the EULA is "unenforceable" in most Western countries the EULA is quite enforceable in two ways. First, most of the terms of the EULA spell out grounds for termination, and without the EULA you'd be terminated anyway. The notion that if the EULA was "illegal" means you can do whatever you want is something a lot of people seem to believe, and is false. Without the EULA, you have *no* contract to use the service, and attempting to use it when you yourself *believe* the EULA is illegal would be unauthorized use of the service. You don't get to substitute the EULA for one you make up.

Second, separate from the EULA NCSoft can terminate your access to the service under the same grounds any business can choose not to do business with you, so if you challenge the EULA win or lose NCSoft could still terminate your access and be done with you.


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Posted

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Originally Posted by Golden Girl View Post
A deperately unsubtle attempt by him to hide his true feelings for Charles - although he might also be unwilling to make a move and disrupt the Charles/Magneto relationship, in case he finds himself in a love triangle.

Woah woah woah.

No.

Wolverine has two Fetishes

1; He loves them red heads.

2; He loves them teenage girls.


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Posted

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Originally Posted by Friggin_Taser View Post
Okay, if we're going down this road, at least do it right: It's to hide his true feelings for Cyclops. That's why there's now a Schism keeping them apart.
I prefer Wolverine/Nightcrawler - but I leave things like Wolverine/Beast to the ones who like their man-love to be Xtra-hairy


@Golden Girl

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Posted

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Originally Posted by Venture View Post
No, you don't, any more than banks need you to sign an agreement not to rob them just in case you try to claim "I forgot armed robbery was illegal!"
The fundamental difference is that if someone tries to rob a bank and use that as the excuse, they've committed a federal crime that would be prosecuted by the government. When someone says "I didn't know NCSoft could terminate my account for that reason" and sues, NCSoft has to defend itself at its own cost. Especially with all the armchair lawyers out there with interesting legal theories and lawyers wishing to test the limits of the law.

Adding specific language to the EULA increases the odds of getting a dismissal very early in the legal process rather than having to argue the finer points of the law in an actual tort trial.


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Posted

Quote:
Originally Posted by CactusBrawler View Post
Woah woah woah.

No.

Wolverine has two Fetishes

1; He loves them red heads.

2; He loves them teenage girls.
Sure he does

Statesman got married, but he's still in love with Jim Temblor.


@Golden Girl

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Posted

Quote:
Originally Posted by Golden Girl View Post
I prefer Wolverine/Nightcrawler - but I leave things like Wolverine/Beast to the ones who like their man-love to be Xtra-hairy
OI! STOP THAT AT ONCE!


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Posted

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Originally Posted by Westley View Post
...and this is why.

This is a gross violation of my privacy and civil rights, and I will not subject myself to this. [edited]. I'm posting this so that whoever in NCSoft may see it that may change this. If you take this out, I may continue to subscribe in the future. But as it stands, I'm done. I've been paying for the past seven years almost, and for the last two or three without even playing most of the time. [edited]

Edited: With the permission of the OP, edited so that it did not violate the Forum Rules. -Z

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Posted

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Originally Posted by Arcanaville View Post
The fundamental difference is that if someone tries to rob a bank and use that as the excuse, they've committed a federal crime that would be prosecuted by the government. When someone says "I didn't know NCSoft could terminate my account for that reason" and sues, NCSoft has to defend itself at its own cost. Especially with all the armchair lawyers out there with interesting legal theories and lawyers wishing to test the limits of the law.

Adding specific language to the EULA increases the odds of getting a dismissal very early in the legal process rather than having to argue the finer points of the law in an actual tort trial.
Arcanaville, can't you see this thread has moved on to more important topics? Namely who Wolverine secretly guy-loves?


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Posted

Quote:
Originally Posted by Friggin_Taser View Post
Arcanaville, can't you see this thread has moved on to more important topics? Namely who Wolverine secretly guy-loves?
I think he'd be invovled with a lot of guys - he seems like that type.


@Golden Girl

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Posted

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Originally Posted by TerraDraconis View Post
Did you delete all of your characters and send a note to supporrt stating that you will never ask for them to restore them?

If you didn't do that you just dropped to Premium. You can't rage quit anymore. Heh. And I fully expect you to be back and since you'll be premium you won't be able to post your next rage quit without paying $15.00 first.
OMG!!! It is true...now we are bound to the game forever!!! It is like to be married without the option to divorce


 

Posted

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Originally Posted by savagedeacon_NA View Post
It is like to be married without the option to divorce
Like Statesman and Recluse?


@Golden Girl

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Posted

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Originally Posted by FloatingFatMan View Post
Time to loosen the tinfoil hat, mate. It's clearly on too tight.
Yeah, because anyone who worries about erosion of their privacy is a conspiracy theorist. Clearly if you care at all, you're some sort of nut.

It disgusts me that people act like this.


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Posted

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Originally Posted by Liquid View Post
Some awesome people/events have come from it, though (my favorites being "Macho Man" Randy Savage, the Andy Kaufman stunt, Rowdy Roddy Piper's movies, and The Rock/Dwayne Johnson who I really hope will indeed one day play Black Adam).
For some reason, I still feel that the best thing to come out of professional wrestling is the Spoony One's Wrestle Wrestle (now seemingly discontinued, sadly). Ah, good times


Quote:
Originally Posted by Arcanaville View Post
Samuel_Tow is the only poster that makes me want to punch him in the head more often when I'm agreeing with him than when I'm disagreeing with him.

 

Posted

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Originally Posted by UberGuy View Post
It disgusts me that people act like this.
You need to be more tolerant - Wolverine/Beast is hairy man-love, but it's still love.


@Golden Girl

City of Heroes comics and artwork

 

Posted

Quote:
Originally Posted by UberGuy View Post
Yeah, because anyone who worries about erosion of their privacy is a conspiracy theorist. Clearly if you care at all, you're some sort of nut.

It disgusts me that people act like this.
As with anything there's a fine line to be walked between defending our right to privacy and what is required to make use of any given service. If you want to remain totally anonymous and keep all of your personal information totally private then it's arguably doable but you have to make a lot of trade-offs to do it.

More importantly, it's essential to focus on those things are really are an egregious erosion of personal privacy (warrant-less wiretapping, the removal of the right to anonymity online -which they've recently done in South Korea - and soforth) and not to get caught up in things that are relatively minor and completely optional lest you weaken your position.

Yes, it would be nice if NCSoft (and others) didn't feel the need to put such broad statements into their EULAs in an attempt to prevent cheating, protect themselves from legal action and, quite probably, obtain demographic information to sell to advertisers, but they do. While I agree that it's something that probably should be raised with NCSoft in an attempt to get the terms clarified and/or narrowed, it's not something that should be framed in the same terms as civil rights abuses, government spying on their citizens or bodies such as the RIAA trawling for the personal details of thousands of people on the off chance that a couple of them downloaded music off the internet without paying them for it.


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Posted

Quote:
Originally Posted by UberGuy View Post
Yeah, because anyone who worries about erosion of their privacy is a conspiracy theorist. Clearly if you care at all, you're some sort of nut.

It disgusts me that people act like this.
What disgusts me is people that fill out a gym membership and appologize that they can't remember their SSN and ask "Is it ok if I bring it next time?", but get angry and indignant when they reach the box asking for their E-mail.

Or people who will give up their credit card info and their name, street address, and e-mail getting all puffed up about how they cant trust the company they gave that information, when it comes to accessing information on their computer.

My advice (not legal advice, just general everyday friendly advice) If you don't trust them, don't give them your information, don't download programs made by them, and don't agree to their terms of use.

That comes with the cost of not using their product, but it's a small cost if you can't trust them.


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Posted

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Originally Posted by Lycanus View Post
Well, for me, I'm not into that sort of thing.

Now allow me to go squee over sappy Nanoha x Fate pictures in an entirely non-hypocritical way
All slash pairings are of equal worth - Tyrant/Calvin isn't any less or more valuable than Swan/Fusionette.


@Golden Girl

City of Heroes comics and artwork

 

Posted

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Originally Posted by Liquid View Post
Also, is it just me not being used to seeing real unibrows, or does that guy have a fake unibrow?
I wish I could say for sure.


 

Posted

Quote:
Originally Posted by Golden Girl View Post
People say bad things about CoH here on the official forums all the time - they're still here, and haven't been dragged off to the BAF
You get my jokes. It's like we're the same person. Come and be with me in moonlight of this thread.


 

Posted

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Originally Posted by The_Foo View Post
You get my jokes. It's like we're the same person. Come and be with me in moonlight of this thread.
Moonlight + monobrow = werewolf, so I'll have to decline your offer


@Golden Girl

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Posted

Quote:
Originally Posted by Lycanus View Post
true was mostly making a self-mocking joke

I like non-traditional relationships, though I have to admit I veer strongly over toward yuri
I like all kinds - although boy-on-boy is usually more angsty, so it gets extra hotness points


@Golden Girl

City of Heroes comics and artwork

 

Posted

Quote:
Originally Posted by Golden Girl View Post
Moonlight + monobrow = werewolf, so I'll have to decline your offer
Um. You seem to be under the impression that this avatar is what I actually look like. That's just absurd.