Concerns about the new EULA
Here's my problem with the wording of the EULA: None of what you write above is what it says. You're projecting a motivation onto NCSoft and then using that made-up motivation to justify the wording.
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The important thing to remember about EULA's are.
A) They exist to CYA the company for standard things the company does.
B) They have never actually been found to be enforcable.
D) Having one protects you [thus the CYA aspect] from lawsuits for your standard practices because you posted the standard practice in the EULA.
E) This is why the lawyer writing the bloody thing will try to make is as broad and general as they can.
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We should keep a record from mmo forums to find what player has the most rage quits.
Thats because a lawyer wrote it and a lawyer can't be clear on something like that to save their life. If they can use big words that cover 20,000 things to describe the one expected situation you can bet that the lawyer will go for the biggest amount of coverage that they can.
The important thing to remember about EULA's are. A) They exist to CYA the company for standard things the company does. B) They have never actually been found to be enforcable. D) Having one protects you [thus the CYA aspect] from lawsuits for your standard practices because you posted the standard practice in the EULA. E) This is why the lawyer writing the bloody thing will try to make is as broad and general as they can. |
[QUOTE=Westley;3867083
This is a gross violation of my privacy and civil rights, [/QUOTE]
I'd just like to point out that the phrase 'civil rights' is being grossly misapplied here.
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I think Westley & co. are worried that the devs will be spying on Unleashed (which they probably already do) and ban their accounts if they dare say anything bad about the game, which would be a legitimately awful thing to do but it's a pretty silly thing to assume.
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Sooooo... where the heck are you getting this from?
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Violating an NDA is a breach of contract. Same for showing disassembled game files; it's also against the DMCA. Stalking and harassing are illegal in and of themselves.
We don't need language in the EULA that would allow someone at NC to kick you because they don't like your political opinions. |
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Can someone contact Westley and tell him to seriously stop overreacting?
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I think Westley & co. are worried that the devs will be spying on Unleashed (which they probably already do) and ban their accounts if they dare say anything bad about the game, which would be a legitimately awful thing to do but it's a pretty silly thing to assume.
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Originally Posted by Zombie Man
There are plenty of folk who say bad things about the game in these very forums and they don't get banned.
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Need I reiterate my general image of the dev team's attention span?
Originally Posted by SlickRiptide
That section and one or two others are written into the EULA that way. It was a copy and paste, not Westley raging.
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Originally Posted by TerraDraconis
Did you delete all of your characters and send a note to supporrt stating that you will never ask for them to restore them?
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You'd be surprised. How often you do read website T&C or Privacy Policy pages? Despite the fact that they're almost 100% unenforceable due to being unilaterally dictated "contracts" without explicit agreement, they nonetheless "permit" these sites to do pretty much the same things as most EULAs do.
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Edit: Just to be clear, I'm not going to go quit over this or anything of the sort. Weighing my awareness of what they probably mean to do with this against my interest in continuing to play comes out in favor of staying. That doesn't mean I like this new EULA terminology - its far too broad, and I dislike on principal giving people permission to do things that I don't actually want them to have permission to do. I'm looking around to see if there's anything besides unsubscribing that I can do to apply useful pressure to get them to change it. Probably not, but it's at least worth looking into.
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The EULA ranges from uneforciable, to technically commiting crimes, depending where in the EU you live.
That's what happens when you try to cover all angles.
Brawling Cactus from a distant planet.
Here's my problem with the wording of the EULA: None of what you write above is what it says. You're projecting a motivation onto NCSoft and then using that made-up motivation to justify the wording.
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They're GOING to keep the wording vague. Because they run a risk of being caught with a corner case if they try to spell it out exactly or they have to write an encyclopedia set to cover each and every specific scenario on a case by case basis.
This is standard boilerplate.
And I'm no more projecting a motive onto NCSoft than Westley is.
Also, use Occam's Razor. What's more likely?
That the company needs butt-coverage as it researches allegations of cheating?
Or that it's some huge *CONSPIRACY!!!*to deprive you of your privacy and peep into your life?
Please understand that I am not necessarily disagreeing with your summation or disputing the correctness of it. The EULA, taken strictly on its own and judged on strictly what it says, is not nearly that benign, though. |
Yes, it COULD be used to trojan our computers. Yes, it COULD be used to spy on our ostensibly "private" conversations. But, as noted, the likelihood is vanishingly small. Moreover, their EULA does NOT trump local, state, and federal law. If they do something that's illegal, the fact that their EULA says they can doesn't protect them.
As gamers we let this kind of thing slide because most of us feel that our personal risk is so miniscule that it does not matter. We can safely ignore the fact that we are agreeing to let NCSoft do whatever they want, whenever they want, however they want, for any reason that they want or, conversely, for them to decide to do nothing at all or to even be inconsistent in their actions if they choose to and to do so without having to justify any of their actions or inaction. We tell ourselves that it doesn't apply to good citizens and that "we" are good citizens. Accessing the game service is more important than worrying about how the publisher of the game service might potentially misbehave. |
I'm waiting for the first ragequit over the clause specifying that you're mentally competent to play the game, myself. |
{NCSoft} You must agree that you are mentally competent
{Ragequitter} WHY I'VE NEVER BEEN SO INSULTED *FROTH*FROTH*RRAARR*FROTH*FROTH*SPIT*FROTH*
{NCSoft} Case made.
pohsyb: so of all people you must be most excited about the veats
Arachnos Commander: actually, I am
pohsyb: I mean you kinda were one already anyways ^_^
Arachnos Commander:
Is this a case of "too broad and people get annoyed" and "too focused and you end up with a document about 300 times longer" just to describe every single eventuality and specifics of what they can and cannot do...
((Note: Too many specifics and i reckon that more and more people slip through cracks, as they hadnt done X,Y or Z... whereas a previous clause of "X" (quite wide ranging) would have done the job much better, but it would have *possibly* inferred a wider range of actions as well))
{NCSoft} You must agree that you are mentally competent {Ragequitter} WHY I'VE NEVER BEEN SO INSULTED *FROTH*FROTH*RRAARR*FROTH*FROTH*SPIT*FROTH* {NCSoft} Case made. |
/e waits for the first court case involving an austic player, and their parents trying to get back a couple of hundred dollars.
{NCSoft} He said he was mentally competent.
{Lawyer} Two weeks before that he said he was a pair of curtains.
Brawling Cactus from a distant planet.
I have some familiarity with anti-cheating methods on computers. So I know why they want/need to have access to memory, files on the drive, etc. They need to be able to query their software and have it puke back it's specifics and what it's doing in memory to be able to tell that it's been tampered with. Thing is, they NEED tacit permission to do so.
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I'm a savvy computer user. If it came down to it, and I really wanted to, given the way this game works currently I could run the game in a way that couldn't do or see much outside its own files and process space. I'm not particularly worried. I still don't like the wording.
Blue
American Steele: 50 BS/Inv
Nightfall: 50 DDD
Sable Slayer: 50 DM/Rgn
Fortune's Shadow: 50 Dark/Psi
WinterStrike: 47 Ice/Dev
Quantum Well: 43 Inv/EM
Twilit Destiny: 43 MA/DA
Red
Shadowslip: 50 DDC
Final Rest: 50 MA/Rgn
Abyssal Frost: 50 Ice/Dark
Golden Ember: 50 SM/FA
wait people actually read the EULA stuff? Ignorance is nine-tenths of the law!
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I thought the mods deleted /em ragequit threads? Nvm.
For the most part I'm with Hyper on this. They need the language to cover their behinds. Anything that crosses the legal boundary of your particular State/Province/Country etc. will still be illegal and the EULA won't super-cede.
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Originally Posted by PapaSlade
Rangle's right....this is fun.
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Man, I'm not happy about some of the changes with the game with I21 but I'm not rage quitting over it. And the EULA has been like that for years and they updated with I20 I think. Sigh thanks for bringing me back to my senses bout with this game. (BTW, can I have your stuff?)
See you in a few months again, Westley.
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