EA forum bans are still effecting games.

[Vagrant0]

I have a feeling that if they continue that practice, not only is it going to be continuously exposed like it should be and they will end up getting sued, if they ban some rich kids account who does have the money to take them to court over it.

Except, you forfeit your right to sue for any and all reason as soon as you install one of their games. In which case, it would have to be the parent who sues for their kid, but who does not own the computer the game was installed on. And even then it might still be subject to the EULA. When, by installing a product, you agree that a company can ban you from their networks for any reason; you can't raise much argument when they do. Even if you didn't waive your right to sue, you still give them permission to do anything they want.

[Beriallord]

I have a feeling that if they continue that practice, not only is it going to be continuously exposed like it should be and they will end up getting sued, if they ban some rich kids account who does have the money to take them to court over it.

Except, you forfeit your right to sue for any and all reason as soon as you install one of their games. In which case, it would have to be the parent who sues for their kid, but who does not own the computer the game was installed on. And even then it might still be subject to the EULA. When, by installing a product, you agree that a company can ban you from their networks for any reason; you can't raise much argument when they do. Even if you didn't waive your right to sue, you still give them permission to do anything they want.

 

My question is if you refuse their EULA do you get a full and unconditional refund? If not, then there very well could be a legal battle fought just based on that.

 

And I question whether it should even be legal for them to create a EULA dictating those terms. Theoretically they could create a EULA saying you forfeit all of your possessions over to EA upon agreeing to these terms, it doesn't mean its valid, and doesn't mean its right or legal.

Edited December 7, 2011 by Beriallord

[BlackBaron2]

Vagrant, I'm not sure how that applies in the UK. The Unfair Contract Terms Act is in full force in England and Wales, and I doubt a huge company would pass the "reasonableness" test (regarding whether or not an exclusion clause is reasonable, of course) particularly if they're dishonest.

[Fonger]

Actually, yes they can. It's their product, they reserve the right to do whatever they want with it. They could say that only Orangutans are allowed to play Battlefield 3 if they wanted to. Not that I support it, it's just a fact. But it would be funny to see an orangutan play Battlefield 3 against other orangutans.

can't wait to see that on youtube

 

"Battlefield 3 - Orangutang Edition"

Edited December 7, 2011 by Fonger

[Dwight Darkmoon]

This is the new trend. A few years ago, company that used this were pretty rare. Now its the norm. I am not talking only about the video gaming industries. It is also cell phone, software and many online services. The EULA prevents any of there users to sue them for good or bad reason. When you agree to the EULA you forfeit all your rights. Even the right to a good product or service. This doesn't fit with anything we ever known in north america. Every company, what ever the goods or services they are selling is forced by law to put out a good working product.

 

All the EULAs that we see now is a side effect of having too many people not caring about what is going on in their country and having our politicians and judges bought by corporations.

 

 

[brokenergy]

You did know that you never outright "owned" a PC software product right? You also know that Steam can do the same thing too? All you really "owned" was a plastic disk and container, what you bought with $60 was a license.

[Beriallord]

I found this comic, which pretty much sums up DRMs.

 

http://cdn.overclock.net/9/97/979e8859_1281104758drm.jpeg

 

Its true, the pirates are the ones getting the last laugh, in the mean time the consumer is the one that gets screwed.

Edited December 9, 2011 by Beriallord

[Lisnpuppy]

I smell class action lawsuit

 

I actually would love to see this one go to court in the U.S....or even in my home state that has a deep hate for all things Big Business and lawsuits are a second job around here.

 

The EULA is basically a first-party contract and both sides have have obligations to fulfill. I really wonder if it would stand up when tested.

[Delikatessen]

I found this comic, which pretty much sums up DRMs.

 

http://cdn.overclock.net/9/97/979e8859_1281104758drm.jpeg

 

Its true, the pirates are the ones getting the last laugh, in the mean time the consumer is the one that gets screwed.

Hehe... Cyanide and Happiness :D

 

I think it describes Ubisoft DRM perfectly. I could hardly play HAWX 2, that I legally bought, because I have a sometimes unreliable internet connection and it would stop if the connection went out or wouldn't start at all. I hope Bethesda and other game developers don't go to the "Always-On Internet DRM" solution.

Edited December 9, 2011 by Delikatessen

[eldav]

Was an active member of the Bioware social club, aint no more.

And yes, you get the feeling you aint welcomed there.