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Asuka Smith
Gallente StarHunt
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Posted - 2009.03.21 13:44:00 -
[31]
Edited by: Asuka Smith on 21/03/2009 13:46:48 Edited by: Asuka Smith on 21/03/2009 13:46:32
Originally by: Johann Callasan 'Course, there were copyright issues too - a bot is not the same as a character, after all. But the precedent is there, now - that EULAS can be and are binding contracts.
It depends on the language in the EULA, I specified videogame EULAs for a reason because the fact that they claim to own what I am paying for and which I would say that *I* own is pretty shady and I really doubt that that would hold up. However if the EULA uses language that is enforceable then they are in the case of Vivendi on very stable ground. Also the fact that the EULA is digital and not signed, I could argue that the version that I read was different than the one that they claim I ticked the box to and the could NEVER prove beyond a reasonable doubt.
Originally by: Imertu Solientai WOW, the number of bitter cheaters in this thread is epic. I guess you all support ISK buying too, 'cause that ISK was already in the game too'? How about account hacking, 'cause the account only changed hands and nothing in game changed'?
Yeah, your argument isn't very good is it?
This will explain the picture
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Asuka Smith
Gallente StarHunt
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Posted - 2009.03.21 13:46:00 -
[32]
Edited by: Asuka Smith on 21/03/2009 13:46:19 doubleposting is for losers sorry
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Johann Callasan
Caldari State War Academy
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Posted - 2009.03.21 13:55:00 -
[33]
Originally by: Asuka Smith Edited by: Asuka Smith on 21/03/2009 13:46:48 Edited by: Asuka Smith on 21/03/2009 13:46:32
Originally by: Johann Callasan 'Course, there were copyright issues too - a bot is not the same as a character, after all. But the precedent is there, now - that EULAS can be and are binding contracts.
It depends on the language in the EULA, I specified videogame EULAs for a reason because the fact that they claim to own what I am paying for and which I would say that *I* own is pretty shady and I really doubt that that would hold up. However if the EULA uses language that is enforceable then they are in the case of Vivendi on very stable ground. Also the fact that the EULA is digital and not signed, I could argue that the version that I read was different than the one that they claim I ticked the box to and the could NEVER prove beyond a reasonable doubt.
Um...
Being that a certain version of the client is required to log into the game, that different-version argument falls flat. Not to mention that if you could actually PROVE what showed on your screen was different than what showed on everyone else's client screen, not only would you have the standard disclaimer apply to you, you'd open yourself up to possible DMCA charges for having illegally altered the game code in violation of copyright. Same thing CCP has in it's EULA about modifying the client. See a pattern here? Also, just so you know - Vivendi is the parent company of Blizzard Entertainment. Look at WoW's EULA - CCP's uses very similar language. I have no doubt that it's be just as legally enforceable.
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Asuka Smith
Gallente StarHunt
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Posted - 2009.03.21 13:58:00 -
[34]
Edited by: Asuka Smith on 21/03/2009 14:03:34 I bet it would take 20 years in appeals to find out. If the EULA said that anyone agreeing to it was contractually obligated to give CCP a large sum of money, or their house, or something ridiculous like that and they refused do you think CCP could collect? Why is the character and it's goods different? They can be proven to hold value, in some cases significant value (a titan is worth several thousand USD I believe). If CCP simply attempted to take that away "because the EULA says we can" might not be good enough in court...
I mean, I do not disagree that the EULA says all these things, I just wonder if a judge would let CCP "steal" thousands of dollars in goods just because you debatably clicked a digital EULA. Where this might get more interesting is in regards to taxes, say the government wants a cut on goonswarms holdings (which might be worth a million dollars in-game combined who knows, I heard the MMO black market did 2.1b in business last year) but Mitnal hacks some accounts and gets a bunch of dudes banned with a lot of valuable stuff. The government is no longer going to be able to tax it. They will not like that.
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Abrazzar
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Posted - 2009.03.21 14:12:00 -
[35]
You're paying for a service, not property. You rent toys, you don't buy them. In that respect the EULA is solid as it merely emphasizes on the kind of agreement that is agreed on.
Character and in-game item sales are not property sales either. They, too, are service agreements. People effectively pay money to someone to play the game for them. That's why those sales are not illegal as a sale of property you don't own would be.
The service agreement states that CCP can take away your toys if they don't like what you do with them or if they consider the way you acquired them outside game rules.
People get confused when they erroneously belief they actually own anything. You pay for access to a theme park and if you violate the house rules you'll get thrown out. It's so easy and simple, people either must be really stupid to get confused or are simply trolling. Probably both. -------- Ideas for: Mining
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Skillzero
Caldari School of Applied Knowledge
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Posted - 2009.03.21 14:15:00 -
[36]
Originally by: Abrazzar
People get confused when they erroneously belief they actually own anything. You pay for access to a theme park and if you violate the house rules you'll get thrown out. It's so easy and simple, people either must be really stupid to get confused or are simply trolling. Probably both.
QFT
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Jmanis Catharg
Caldari Dusk Blade
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Posted - 2009.03.21 14:15:00 -
[37]
My simple take on EULA's and the like?
Who gives a damn if it's legally binding or not.
If sports players just blatantly ignored the rules of their game, simply because "Their actions aren't illegal", what would happen to the game?
Salary caps on player trading? I don't hear any of them complaining with things like "But I just want to earn some money for myself!".
When you don't play by the rules of the person who made the game, things go to ****, pure and simple. People don't think they have to follow the rules tend to be the ones who cried like they were being killed until mommy and daddy gave them that lolly pop. ---
Originally by: CCP Mitnal I went to the forums for special powers and all I got was a dancing padlock and a banhammer.
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Asuka Smith
Gallente StarHunt
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Posted - 2009.03.21 14:23:00 -
[38]
Edited by: Asuka Smith on 21/03/2009 14:25:54
Originally by: Abrazzar You're paying for a service, not property. You rent toys, you don't buy them. In that respect the EULA is solid as it merely emphasizes on the kind of agreement that is agreed on.
This is exactly the argument that SOE lost, and the kid who argued that by buying the game (he bought a physical box and discs and that might have mattered) he bought all the content therein and he DID own it. He was not renting those discs or the software therein.
I am not a legal scholar and so I am likely not presenting the legal aspect of this eloquently (and maybe not even 100% accurately, although I am certain I have the jist of it right), but I encourage everyone to look up the case while I am asleep and eve-mail me the details and how they might apply to the EVE EULA. I personally feel it could go either way but prefer that it operate in the shadows and never actually wind up making it to trial to be decided. I prefer it as a gray area.
And with this post seriously goodnight (I keep taking so long to write these that I wind up missing posts and having to read and respond to them)
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Malcanis
R.E.C.O.N. Dara Cothrom
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Posted - 2009.03.21 14:45:00 -
[39]
Originally by: Asuka Smith Ghost training does not cost CCP money. If you train a skill that takes two months, and you only pay for one month, that is $15 you just paid to play for one month and then the month that you are ghost training you are doing exactly that YOU ARE NOT LOGGED ON USING ANNNNYYYYY server resources besides the SP +1 +2 +3 going on on the separate skills server. I doubt that the SP +1 +2 +3 is using more than two or three pennies when everyone is aggregated.
In fact, character farming would be a better form of macro farming than mining for the playerbase, but the same/worse for CCP. That is why they are much better at stopping character sales than macro miners (you are right, they are all about the money).
Macro-miners consume server resources, but they generally all cluster together so only other macro miners have to deal with the lag (or idiot mission runners who cannot handle leaving Motsu, pro-tip try Eitu). However they pay every month, and I assume that probably like 10-25% of the subscription fee is profit so it is better to get two months from a macro miner and deal with the server usage than one month from a character farmer and not have any server usage. Macro-miners hurt players by lagging up mission hubs, hogging ice belts, ruining high-sec mining, and in the case of the macro-missioners adding in huge inflation.
Character farmers however cost CCP next to nothing, give CCP substantially more than they take, do not create any new ISK for inflation, do not lag the servers, and in the end the character winds up in the hands of a newb who will grow to be whatever he wants in this great world, just 20m SP faster or however much. This is BY FAR the preferred method if we had to choose (I would prefer neither and only have personal sales be allowed but it is impossible to discriminate effectively).
This is why I am so mad at the OP and trolling this thread so hard, because CCP is obligated to ban everyone they find breaking any rules because if they gave everyone a chance to speak their case they would never get anything done. That is where the individual comes in, when he sees some college kid or some unemployed sob story selling his character 'cus he needs the cash on e-bay he should look the other way because it is the right thing to do and he would want the same courtesy. It is a victimless action and in the end we get to keep a pilot in EVE for epic pew pew and CCP gets to keep their $15 from a new CC#.
Actually the guy selling his character was going to use the money for smack, and thn let his adorable twin children die of thirst while he was too high to care.
The OP has SAVED TWO YOUNG LIVES!
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Trader20
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Posted - 2009.03.21 14:47:00 -
[40]
No reason to make a thread about it.
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Khlitouris RegusII
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Posted - 2009.03.21 15:03:00 -
[41]
Originally by: Asuka Smith Edited by: Asuka Smith on 21/03/2009 12:31:11 Edited by: Asuka Smith on 21/03/2009 12:29:54 I doubt Sidius buys isk, this sort of tattle-tale mentality where everyone runs to mommy whenever something they do not like happens gets on my nerves too. I support reporting isk sellers/buyers because that directly effects me and screws up the economy. But selling a character does not change the game for me or anyone. That character existed before, would have continued to exist anyways. The only difference is who is playing him now, and the only reason to report him is because you are a sadist. When you get tired of the game why not let someone else have a go at it with your character, and why not get your subscription fees back if you can. My character is MINE, whether the EULA says that or the courts agree in my heart I know that my character is MY character. (And I have a feeling that based on that Everquest case from a while back that the same suit would work vs. CCP or any other MMO company that tried to ban your character, so I think the courts actually do agree with me and anyone else who supports characters being an asset owned by the individual player and not the company that allowed their creation)
Or maybe he quit and tried to sell his account because the economy is bad, he lost his job, and his kids are hungry. Thanks to the OP this guy who just wanted to feed his kids has to explain to them that some self-righteous ***** with an ego trip felt that despite having nothing personally at stake to lose or gain by taking food out of their mouths he did it for the hell of it and that that is just how people are. Now his kids are going to grow up hungry with nothing but hatred for their fellow man in their hearts, knowing the cruelty that a certain primate is prone to. This malice will grow and grow until eventually in their early 20's something sends one or both children over the edge, and they go on a homicidal shooting spree killing a pregnant mother in front of her husband and a six year old girl buying a cone of ice cream on her birthday. The twins are then sent to a mental institution on the taxpayer dime where they receive $120,000 a year in treatment each for the rest of their lives. All thanks to the OP who it would not have effected either way had the account been sold or not.
Future ebay character itt.
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Jenny Twotone
Gallente
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Posted - 2009.03.21 15:18:00 -
[42]
OP is a self serving socialist scumbag. There really is nothing more to say. They are better than the rest of us plebians, and so can decide for us what we should and should not do, since she is obviously morally superior to us all.
go cry yourself to sleep again tonight.
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Daelorn
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Posted - 2009.03.21 15:52:00 -
[43]
OP should mind his own buisness.
Account sharing is not allowed in EULA too but guess what? Yeah I know plenty of people that do it and I myself use to play on quite a few friend's accounts.
Guess I should be banned eh? 
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Crumplecorn
Gallente Eve Cluster Explorations
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Posted - 2009.03.21 16:00:00 -
[44]
This thread highlights the cancer, the OP is the chemo.
etc etc -
DesuSigs |

Irida Mershkov
Gallente Shadowsun Syndicate
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Posted - 2009.03.21 16:05:00 -
[45]
Originally by: Jenny Twotone OP is a self serving socialist scumbag. There really is nothing more to say. They are better than the rest of us plebians, and so can decide for us what we should and should not do, since she is obviously morally superior to us all.
go cry yourself to sleep again tonight.
Rofl, /thread.
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Jenny Second
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Posted - 2009.03.21 16:50:00 -
[46]
Irida Mershkova is hot.
Oh and thoughtcrime is punishable by retraining at one of our local 're-truthing' camps.
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Qwyp
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Posted - 2009.03.21 16:57:00 -
[47]
haha too bad I see it already relisted on ebay
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Constantine Arcanum
Black Serpent Technologies Intrepid Crossing
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Posted - 2009.03.21 17:24:00 -
[48]
Originally by: Qwyp haha too bad I see it already relisted on ebay
lol ditto
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Abrazzar
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Posted - 2009.03.21 17:38:00 -
[49]
So what happens is some dude paying 600 bucks for a character that will get banned as soon as it gets transfered. As if CCP are too stupid to check ebay themselves.  -------- Ideas for: Mining
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Daelorn
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Posted - 2009.03.21 17:48:00 -
[50]
Originally by: Abrazzar So what happens is some dude paying 600 bucks for a character that will get banned as soon as it gets transfered. As if CCP are too stupid to check ebay themselves. 
Doubt that, I know plenty of eBayed chars that are still playing...
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Crumplecorn
Gallente Eve Cluster Explorations
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Posted - 2009.03.21 17:49:00 -
[51]
Edited by: Crumplecorn on 21/03/2009 17:49:10
Originally by: Daelorn
Originally by: Abrazzar So what happens is some dude paying 600 bucks for a character that will get banned as soon as it gets transfered. As if CCP are too stupid to check ebay themselves. 
Doubt that, I know plenty of eBayed chars that are still playing...
I bet it's hard to bring themselves to enforce the rules once the sub money starts flowing... -
DesuSigs |

gnshadowninja
Caldari Baptism oF Fire Sons of Tangra
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Posted - 2009.03.21 18:04:00 -
[52]
You guys are sitting here arguing over this whole thing, no one stopped to think : Why was this guy on ebay looking for characters anyway? LOL
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Gartil
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Posted - 2009.03.21 18:37:00 -
[53]
Originally by: Jana Clant
Originally by: Asuka Smith Edited by: Asuka Smith on 21/03/2009 12:31:11 Edited by: Asuka Smith on 21/03/2009 12:29:54 I doubt Sidius buys isk, this sort of tattle-tale mentality where everyone runs to mommy whenever something they do not like happens gets on my nerves too. I support reporting isk sellers/buyers because that directly effects me and screws up the economy. But selling a character does not change the game for me or anyone. That character existed before, would have continued to exist anyways. The only difference is who is playing him now, and the only reason to report him is because you are a sadist. When you get tired of the game why not let someone else have a go at it with your character, and why not get your subscription fees back if you can. My character is MINE, whether the EULA says that or the courts agree in my heart I know that my character is MY character. (And I have a feeling that based on that Everquest case from a while back that the same suit would work vs. CCP or any other MMO company that tried to ban your character, so I think the courts actually do agree with me and anyone else who supports characters being an asset owned by the individual player and not the company that allowed their creation)
Or maybe he quit and tried to sell his account because the economy is bad, he lost his job, and his kids are hungry. Thanks to the OP this guy who just wanted to feed his kids has to explain to them that some self-righteous ***** with an ego trip felt that despite having nothing personally at stake to lose or gain by taking food out of their mouths he did it for the hell of it and that that is just how people are. Now his kids are going to grow up hungry with nothing but hatred for their fellow man in their hearts, knowing the cruelty that a certain primate is prone to. This malice will grow and grow until eventually in their early 20's something sends one or both children over the edge, and they go on a homicidal shooting spree killing a pregnant mother in front of her husband and a six year old girl buying a cone of ice cream on her birthday. The twins are then sent to a mental institution on the taxpayer dime where they receive $120,000 a year in treatment each for the rest of their lives. All thanks to the OP who it would not have effected either way had the account been sold or not.
Great tale you got there.
Regardless, selling characters for RL money is clearly stated as against the EULA. According to your logic, just because someone needs to feed his family, it would be okay to commit an illegal action, say, rob a bank?
Yes, cause selling characters, and robbing banks are definetly almost the exact same thing. Just like EULA's are almost the same thing as LAWs
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Chakh Ma'Lunchup
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Posted - 2009.03.21 18:38:00 -
[54]
lol - "Mmm, now if only I could get myself a capital pilot alt, I wonder ... [clickety click] ... Holy crap, six hundred bucks!?!?!oneslashone ... That's far too expensive! How dare someone be able to sell a useful character for so much money? To the petition-mobile at once!"
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Aldarica
Spinal Discipline
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Posted - 2009.03.21 19:02:00 -
[55]
So... I am not the owner of my character, thats fine, say I've just bought an annual ticket for visiting CCP`s theme park. But I don't see why I shouldn't be allowed to sell that ticket to someone else if I'm not interested any more. Will any other theme park visitor, or the their owners, be harmed in any way? I dont think so. OP, you really are one sad pathetic jerk 
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Arana Tellen
Gallente Aliastra
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Posted - 2009.03.21 19:03:00 -
[56]
No I did not go to ebay looking for chars, I was using the eve search and an ebay advertisement came up for eve chars and his was on there as the current highest value char. ---------------------------------
Oh noes!
Originally by: CCP Greyscale *moderated - mother abuse - Mitnal*
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Crumplecorn
Gallente Eve Cluster Explorations
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Posted - 2009.03.21 20:06:00 -
[57]
Originally by: Aldarica Will any other theme park visitor, or the their owners, be harmed in any way?
Oh no, them paying money to you for the ticket instead of that money going to the owners doesn't affect the owners at all. -
DesuSigs |

Quixis
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Posted - 2009.03.21 20:10:00 -
[58]
So why have you got a bow on your back and a horn glued to your forehead?
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Arana Tellen
Gallente Aliastra
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Posted - 2009.03.21 20:23:00 -
[59]
It would be great if I started a new eve generic repsonse. ---------------------------------
Oh noes!
Originally by: CCP Greyscale *moderated - mother abuse - Mitnal*
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Aldarica
Spinal Discipline
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Posted - 2009.03.21 22:37:00 -
[60]
Originally by: Crumplecorn
Originally by: Aldarica Will any other theme park visitor, or the their owners, be harmed in any way?
Oh no, them paying money to you for the ticket instead of that money going to the owners doesn't affect the owners at all.
You don't get it do you? I bought the ticket for that theme park from the owner. Owner got his money, period. Later I decided I don't want to go and sell my ticket to friend so he/she can go instead of me. Where is the problem?
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