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EA and Origin: or the beginning of the end...


SpellAndShield

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This valve comparison is always brought up with no significant point made. This thread is about EA and no one here has explicitly endorsed Valve while condemning EA. Why do people assume everyone is a customer of Valve?
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This valve comparison is always brought up with no significant point made. This thread is about EA and no one here has explicitly endorsed Valve while condemning EA. Why do people assume everyone is a customer of Valve?

Because any criticism of a nascent online content distributing system will invariably lead to a comparison with the original online content distributor, i.e., Valve? EA cut their agreement with Steam for whatever reason, and is putting up their own. Why not compare Origin to Steam? Were it not for Origin, EA customers (or at least a significant majority) would be using Steam to get the same game.

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Because any criticism of a nascent online content distributing system will invariably lead to a comparison with the original online content distributor, i.e., Valve? EA cut their agreement with Steam for whatever reason, and is putting up their own. Why not compare Origin to Steam? Were it not for Origin, EA customers (or at least a significant majority) would be using Steam to get the same game.

 

Because Valve isn't shoving an EULA in my face that forces me to allow them to scan my entire harddrive, and neither do they make me sign a EULA that waives my right to open a class-action lawsuit against them.

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This is in reference to the last few posts, the point made during such recurring comparisons are that people who condemn EA and its practices seems not to condemn Valve as well. No posts in this thread endorses Valve while condemning EA, however this is often brought up and used to belittle opinions.
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Because any criticism of a nascent online content distributing system will invariably lead to a comparison with the original online content distributor, i.e., Valve? EA cut their agreement with Steam for whatever reason, and is putting up their own. Why not compare Origin to Steam? Were it not for Origin, EA customers (or at least a significant majority) would be using Steam to get the same game.

 

Because Valve isn't shoving an EULA in my face that forces me to allow them to scan my entire harddrive, and neither do they make me sign a EULA that waives my right to open a class-action lawsuit against them.

 

Steam EULA Section 5: "Steam and the Software may include functionality designed to identify software or hardware processes or functionality that may give a player an unfair competitive advantage when playing multiplayer versions of any Software, other Valve products, or modifications thereof ("Cheats")" Sounds pretty identical to a scanning of your entire harddrive, although they certainly don't add an addendum giving them the right to share your info with 3rd parties

 

http://eacom.s3.amazonaws.com/EULA_Origin+_June+launch_.5.17.11.pdf -- I don't see any clause regarding class action lawsuits.

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What people could do, is send to EA's headquarters a notarized copy of their EULA, with modifications marked up on the EULA itself.

 

This generally constitutes a counter-offer of their licensing terms, and if they don't respond to your letter, then your new modified EULA will govern your agreement with them. EA probably won't bother to respond. I should check this up on California law but I know similar things have been done in the past and upheld by courts as a valid counter-offer and acceptance of a revised contract. Screw EA and their BS, you don't have the luxury of their expensive legal team but that doesn't mean you can't use the law against them.

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Steam EULA Section 5: "Steam and the Software may include functionality designed to identify software or hardware processes or functionality that may give a player an unfair competitive advantage when playing multiplayer versions of any Software, other Valve products, or modifications thereof ("Cheats")" Sounds pretty identical to a scanning of your entire harddrive, although they certainly don't add an addendum giving them the right to share your info with 3rd parties

 

http://eacom.s3.amazonaws.com/EULA_Origin+_June+launch_.5.17.11.pdf -- I don't see any clause regarding class action lawsuits.

 

No, it doesn't. If it was going to scan your entire hard drive, it would have explicitly stated that. That part refers to the VAC system, which monitors a client for known hacks while playing a multiplayer game, much the same as you get 3rd party anti-cheat systems for most online games nowadays. Valve doesn't care if you have cheat software on your PC, just as long as you don't use it in multiplayer games. They certainly don't scan your entire hard drive for it.

 

As for the EA thing,

http://www.strategyinformer.com/interstitial.php?oldurl=http://www.strategyinformer.com/news/14642/ea-adopts-can-not-sue-us-terms-of-service

Edited by Halororor
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Yea, you're right about the Steam thing, at most Steam is saying we can scan your RAM (but if you use a portion of your hard drive to function as memory they would be scanning your hard drive as well), which is functionally different from EA's eula.

 

But on the flip side, I don't see what's wrong with a contract delineating the avenues of recovery which are available to both parties. Forgoing a right to trial by jury or membership in a plaintiff class action suit does not mean you have no legal recourse against them, nor does it mean you cannot sue them, and it doesn't even mean you don't have the right to a hearing before an impartial adjudicator.

 

Tons of software EULAs state that arbitration is the only method of dispute resolution which means you don't even get to file a lawsuit in a court; moreover most EULAs state any suit MUST be brought in a certain district of a state you probably don't live in. What is the likelihood that people living in New York City will bring lawsuit against a game developer in the Central District of California? 1 in 5 billion?

 

Nitpicking over that clause in EA's Origin EULA is like complaining that the axe an executioner is using to chop off your head is made from metal that was mined by slaves...focusing on the wrong issue, folks.

Edited by lukertin
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What it really comes down to is this: What is the customer's rights, and what are the company's rights? And just how far can one side go before trampling on the rights of the other side? The way I see it is that both side have simply gone too far and have no intention to work it out together, so they will continue until they defeat the other side...

 

But, I also blame people having an X view controlling things like this, or "Lie view" as they try to have a Y view of things but end up doing things attributed to the X view. This is an industry where Y View gets you a lot more trust, respect, and loyalty from your customers than a X view ever will.

 

Wikipedia article of what I'm talking about.

Edited by ziitch
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