This Guy Has The Right Idea When It Comes to Online Passes. 4 replies

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Nittany Tiger Forum Mod

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#1 7 years ago

The Escapist : Video Galleries : Jimquisition : Online Passes Are Bad For Everybody

In a perfect world, these whiny-ass publishers using online passes would be filing for bankruptcy about now.




Nemmerle Forum Mod

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#2 7 years ago

Interestingly enough EA recently used the TOS of their origin service to make themselves effectively immune to law suits.

[INDENT]"By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.

YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING."[/INDENT]

All that leaves is arbitration between the company and yourself, as individuals. And the arbitration companies tend to get their money from... you guessed it, the companies concerned.

The language used there is not enforceable in the UK, or the wider EU. In this country there are some rights that for entirely this reason you cannot sign away. Just the same - effective immunity from the law; that costs the company nothing; is too good for anyone to pass up. Soon enough it'll be in all their TOS's, I believe it's in Sony's already.




Nittany Tiger Forum Mod

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#3 7 years ago

It's in Sony's as well. In fact, I first heard about Sony's class action suit waver before EA's.

What's going on is that gaming companies are abusing a decision made between AT&T and employees that the employees couldn't conduct a class-action lawsuit against AT&T.

I don't enjoy gaming anymore thanks to publisher bullshit. The bullshit pile just keeps growing as well.

So, what to do about gamers losing another right?




Nemmerle Forum Mod

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#4 7 years ago

[SIZE="3"]Kill the heads of gaming companies and leave a message encouraging their replacements to change their TOS?

Nah, only thing you can do really: Don't support their business model. Vote with your wallet. The legal system's not going to change - it's not as if voting for a different government's going to change things. Buy from smaller publishers that aren't trying to fuck you raw.

If there is some political angle to be had here it's not a gaming one - it's one to do with the increasing disparity in bargaining power between individuals and companies. And frankly I question whether your average person is interested enough in the law at this point for that to be a political issue. They're too caught up on partisan BS - Oh the economy would be perfect if only my party had got in! Yeah, well, they didn't - you're either part of the solution or part of the problem. But people don't see it that way - to a certain extent their brains are wired up so they won't.

In twenty or thirty years when electronic surveillance is almost ubiquitous. Then it'll be an issue. Cheap digital cameras coupled with cheap storage.... Everything can be put on file. And because of the amount of stupid laws on the books we'll start to see everyone being done for everything they can possibly be done for. People won't stand for it. You'll have to change the underlying form of the legal system.

Then we might see it fixed.

Right now though? Small potatoes issue. Maybe the courts will fix it, maybe they won't. Maybe they'll change the law concerning arbitration, maybe they won't. Either way I suspect it won't be because of anything you or I do.[/SIZE]




Nittany Tiger Forum Mod

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#5 7 years ago
Nemmerle;5564545[SIZE="3"]Kill the heads of gaming companies and leave a message encouraging their replacements to change their TOS?

Good idea. I'll get on that. :evilgrin:

Nah, only thing you can do really: Don't support their business model. Vote with your wallet.

I do, but when you're vote is up against millions of sheeple votes (or kids who don't really care), it really doesn't count.

The legal system's not going to change - it's not as if voting for a different government's going to change things. Buy from smaller publishers that aren't trying to fuck you raw.

It's what I do now, but you can't say that the small-time publishers aren't as bad as the behemoths.

If there is some political angle to be had here it's not a gaming one - it's one to do with the increasing disparity in bargaining power between individuals and companies. And frankly I question whether your average person is interested enough in the law at this point for that to be a political issue. They're too caught up on partisan BS - Oh the economy would be perfect if only my party had got in! Yeah, well, they didn't - you're either part of the solution or part of the problem. But people don't see it that way - to a certain extent their brains are wired up so they won't.

In twenty or thirty years when electronic surveillance is almost ubiquitous. Then it'll be an issue. Cheap digital cameras coupled with cheap storage.... Everything can be put on file. And because of the amount of stupid laws on the books we'll start to see everyone being done for everything they can possibly be done for. People won't stand for it. You'll have to change the underlying form of the legal system.

Then we might see it fixed.

Right now though? Small potatoes issue. Maybe the courts will fix it, maybe they won't. Maybe they'll change the law concerning arbitration, maybe they won't. Either way I suspect it won't be because of anything you or I do.[/SIZE]

Agreed. The only possibly way to bring this issue up is through petitions and rampantly e-mailing local congressmen until they bring it up in the Senate, but I don't give that idea a great chance of taking off. So I guess we're fucked.

I wonder how many non-gaming companies will put a "You can file a CAS against us now." clause in their TOS?

Overall, this will give EA and Sony the right to flirt with or break consumer protection laws and get away with it if no large entity acts (moreso than now).