Concerns about the new EULA


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Quote:
Originally Posted by SlickRiptide View Post
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.
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.


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We should keep a record from mmo forums to find what player has the most rage quits.

Quote:
Originally Posted by TerraDraconis View Post
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.
Sort of like not given an metric for "exploit" because when people push the line you'd have to move it and listen to them cry fowl.


 

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Quote:
Originally Posted by Westley View Post
I will be unsubscribing permanently...
Dont forget to uninstall the game and the NCSoft launcher! bye


 

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[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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Originally Posted by DarkGob View Post
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.
There are plenty of folk who say bad things about the game in these very forums and they don't get banned.

Sooooo... where the heck are you getting this from?


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Originally Posted by Venture View Post
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.
Nooo, but you need that language to shut up the folks who say, "How was I supposed to know you couldn't do that?"


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Originally Posted by Chaos Creator View Post
Disagree, anything goes wrong talk to him get money. Also I have a norton sub for the next 30 years.
A free punch in the balls is still a punch in the balls


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Quote:
Originally Posted by The_Spad_EU View Post
A free punch in the balls is still a punch in the balls
Not necessarily. Depends on what kind of balls you're talking about. At fancy dress balls free punch is a beverage. At a martial arts dojo it's an eye watering injury to the groin.


 

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Originally Posted by MrMichaels View Post
Dont forget to uninstall the game and the NCSoft launcher! bye
Oh and he must change his master account password and security phrases to random characters and numbers and not write them down. And change his email address to an invalid one so he can't get any support emails. That should properly unsubscribe him.


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Posted

Quote:
Originally Posted by The_Spad_EU View Post
A free punch in the balls is still a punch in the balls
If you put a good cup on first the free punch in the balls can be fine.


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Quote:
Originally Posted by Nos482 View Post
Sooooo, as appearently no one else cares... Can I have your stuff?
I was getting hopeful until I got this far. I knew there was a reason I should have hit the forum earlier.


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Originally Posted by SuperOz View Post
Can someone contact Westley and tell him to seriously stop overreacting?
Years too late for that.

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Originally Posted by DarkGob View Post
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.
I'm fairly certain they outright *invited* some of the devs and ex-devs over there. Sooooo.... yeah.

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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.
*raises hand*

Need I reiterate my general image of the dev team's attention span?

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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.
He referred to it that way elsewhere, too, so I didn't take it as claiming Westley was shouting, more a poke at the ALL CAPS WALL OF TEXT *crits for 9001*

Quote:
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?
Oh, didn't you see the "But if you chaaange this...." bit?


 

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Originally Posted by The_Spad_EU View Post
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.
I have never seen a website EULA that makes the kinds of claims we're talking about. Among other things, it's not possible for most of them to do without installing software. I never install software unless the point is to use that software, and I have never installed software with this sort of EULA.

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.

 

Posted

Quote:
Originally Posted by SlickRiptide View Post
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.
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.

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?

Quote:
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.
What the EULA says is that NCSoft, at it's own discretion (or not) reserves the right to monitor user traffic relevant to CoH on any forum it comes across (or not) and take action (or not) as they see fit. It also grants them discretion (or not) to utilize their software as a means to look at any hardware or software or data that's used to play their game and act (or not) on what they find (or don't find).

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.

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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.
Trust me. I'm fully cognizant of the consumer and privacy abuse issues that could come up because of this. While I'm not particularly happy with NCSoft's marketing-gated development cycle right now, they have enough of my trust right now that this sort of language (which I've seen in EULAs for online services before) doesn't even raise an eyebrow.

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I'm waiting for the first ragequit over the clause specifying that you're mentally competent to play the game, myself.
Isn't that sort of, more or less just indicating you're NOT?

{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.



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Quote:
Originally Posted by Westley View Post
I've been paying for the past seven years almost, and for the last two or three without even playing most of the time. No more.
What I got from the OP, is that he's been disgruntled for a while and used Freedom's EULA as a soapbox to give his last two cents before he "quits." But with free to play coming in a couple days, he'll still have his soapbox to preach (albeit in limited form) without subscribing to the game.


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Posted

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))


 

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Quote:
Originally Posted by Hyperstrike View Post

{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.


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Posted

Quote:
Originally Posted by Hyperstrike View Post
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.
They do not need permission to have the program send back its own memory. The main objection I have is to the clauses which, in theory, could allow them to view any memory or files on the computer.

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.


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wait people actually read the EULA stuff? Ignorance is nine-tenths of the law!


 

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Quote:
Originally Posted by The_Spad_EU View Post
A free punch in the balls is still a punch in the balls
Thank you for the eye watering image. Really. Thanks.


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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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Posted

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?)


 

Posted

See you in a few months again, Westley.


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