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Thread Statistics | Show CCP posts - 0 post(s) |
Ross
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Posted - 2003.09.24 22:42:00 -
[1]
Edited by: Ross on 24/09/2003 22:47:08
oh get a clue dude. Just cancal your subscription. I'm sure you've been playing for more than a month, so why do YOU think your entitled to your money back on the game? You've used it.
Like other people have suggested, read the legally binding contract you've agreed to. You can't honestly think it's worth flying to Iceland to appear in court, to get back 13 bucks?
Do you know how many people say this sort of stuff? You get it in every MMORPG. I'd love to see you waste your time and money on this. Go right ahead, don't let us stop you.
Oh don't forget you have agreed to this:
"All subscription fees are in U.S. Dollars and are non-refundable unless expressly stated otherwise in the EULA."
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Ross
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Posted - 2003.09.24 22:49:00 -
[2]
 Quote:
Don't make me laugh..... just because somebody wrote something in the EULA doesnt mean anything, in both US and British law it is IMPOSSIBLE to sign away certain basic consumer rights, and although the AG may not be limited in what they can do outside their own state they can enforce both against CCP and their distributors US consumer law.
You can't sign away your statutory rights. That's all.
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Ross
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Posted - 2003.09.24 22:52:00 -
[3]
WhatĘs funny isą CCP will have paid a professional team of lawyers/solicitors to write this contract, but some of you people seem to think you know better.
By the way, wasnĘt it just decided in the US recently that sites are governed by the laws of the host country, not by that of the country from which it is viewed? Surely the same would apply here?
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Ross
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Posted - 2003.09.24 23:01:00 -
[4]
Edited by: Ross on 24/09/2003 23:01:47
Just did a quick google search.. The UK Office of Fair trading (oft.gov.uk) won't help you. There ARE distance selling regulations (i.e. rights you have when buying on the Internet), but this is the list of exceptions:
personalised goods or goods made to a consumer's specification
goods that cannot, by their nature, be returned
perishable goods (eg flowers, fresh food)
un-sealed audio or video recordings or computer software
newspapers, periodicals or magazines
betting, gaming or lottery services
services that begin, by agreement, before the end of the cancellation period providing the supplier has informed the consumer before the conclusion of the contract, in writing or another durable medium, that he will not be able to cancel once performance of the services has begun with his agreement
goods or services, the price of which is dependent on fluctuations in the financial market.
Note "Gaming Services".
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Ross
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Posted - 2003.09.24 23:08:00 -
[5]
Answer me this, SkyLeach... Do you honestly think this guy has the SLIGHTEST chance of getting any kind of refund?
By the way, just to note the EULA also says:
"Minor children may not establish an Account without the consent of a parent or guardian. If the user of EVEÖ is a minor, a parent or guardian must complete the registration process to establish an Account, in which case the parent or guardian takes full responsibility for all obligations under the EULA and for all activities of the child using the Account."
The dictionary term of minor is "Law. Being under legal age; not yet a legal adult.".
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Ross
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Posted - 2003.09.24 23:09:00 -
[6]
Quote:
Ross,
I don't think "Gaming Services" refers to online gaming. I am pretty sure they mean "forms of gambling".
True, it could mean that, but they've wrote it as "Gaming Services", which is exactly what this is, even if they did mean something else.
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Ross
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Posted - 2003.09.24 23:13:00 -
[7]
Edited by: Ross on 24/09/2003 23:14:21
Quote:
Ross,
They specifically mentioned "computer software".
I don't think I would lump online gaming in the same category as gambling.
It is a "gaming service", and it is "computer software"... 
oh i love legal threads. Very entertaining 
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Ross
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Posted - 2003.09.24 23:19:00 -
[8]
Quote:
no, under UK law it means GAMBLING. and if CCP was providing gambling services to 13 year olds you can bet their ass wouldnt hit the court bench.
There's a law that says "Gaming Services" means gambling in the UK? hehe your comments get funnier each time you post 
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Ross
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Posted - 2003.09.24 23:24:00 -
[9]
You say "Consumer law" and "look it up"... Do you mind telling me where you found this piece of daft information?
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Ross
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Posted - 2003.09.24 23:37:00 -
[10]
Well, when I search for gaming services on the net, I get things like bygames from blueyonder.
I can, in fact find nothing that says "gaming services" by LAW means gambling. So what do you call a gaming service like blueyonder (since they themselves say they are a gaming service).
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Ross
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Posted - 2003.09.24 23:39:00 -
[11]
Edited by: Ross on 24/09/2003 23:42:01
Edited by: Ross on 24/09/2003 23:40:59
Quote:
No they are an ISP, my ISP infact :)
You need to look up consumer law and terms.
bygames isn't an ISP, thats telewests gaming service.
You say it means something other than what it says. It says Gaming Service... You say it means gambling, but can offer no shred of proof except what you say you heard in college lol. I've shown you even big players like telewest call their own game sub-cos a "Gaming Service" lol.
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Ross
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Posted - 2003.09.24 23:42:00 -
[12]
Quote:
Are you serious? Are you really going to sue somebody because you dont like a game? You better read the EULA before you start sueing anybody. There are many cool Americans out there, but your type makes americans look stupid.
hehe well said.
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Ross
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Posted - 2003.09.24 23:53:00 -
[13]
No, I'm actually from the UK thank god.
I'm guessing you missed the part in the statement that said "Computer Software"? So even if you were right, it wouldn't help. Since EVE is DEFINATLY covered under computer software lol
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Ross
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Posted - 2003.09.24 23:56:00 -
[14]
Edited by: Ross on 24/09/2003 23:57:50
Quote:
Now you are proving how much you know.
Blueyonder is an ISP, Phone service, and Cable TV company.
http://www.blueyonder.co.uk
im not so mental i dont know who my ISP is ross.. 
you are probably looking at an old page or document. like.. 2 year old or more by the sound of it.
dude, blueyonder is from telewest.
oh, by the way, let me paste my /whois info from IRC
Ross is [email protected] * Ross
Ross is connecting from *@82-32-49-49.cable.ubr07.azte.blueyonder.co.uk
oh look, i use blueyonder.
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Ross
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Posted - 2003.09.25 00:02:00 -
[15]
Edited by: Ross on 25/09/2003 00:04:26
Ah okay, well you obviously know something that blueyonder don't. Because take a look at blueyonders corporate site:
"blueyonder is from Telewest Broadband"
Blueyonder seem to think they are from telewest. Although, I'm sure you know better rofl
Anyway, you keep staying from my main point, which was about the OFT. Even if gaming service doesn't cover it, computer software does.
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Ross
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Posted - 2003.09.25 00:11:00 -
[16]
okay, night dude. good debate
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Ross
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Posted - 2003.09.25 00:23:00 -
[17]
Agree 100% Sylvius
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Ross
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Posted - 2003.09.25 00:43:00 -
[18]
Quote:
Sylvius,
Your point has some merit. So, the the subscriber of the online account lives outside of Iceland then their laws don't apply.
Hence, the EULA is invalid. I know someone will say this only applies to the "pirated" material you mentioned.
Basically, what your saying is that if you don't live in that country then your not bound by its laws. This is another topic that can be "loosely" interpreted.
I'm pretty sure the EULA says that all legal court action must take place in Iceland... So Icelandic court, Icelandic law.
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Ross
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Posted - 2003.09.25 00:56:00 -
[19]
American Ditributor..... American Law
British Distributor..... British law....
true, but it's not about the distrubutor. lol.
We're talking about the service. For which to take any legal action against, it would need to take place in an Icelandic court (Since you cannot summon them to an American or Bristish court, if YOU want to take legal action against THEM). So you would be bound to Icelandic law as I understand it.
You gotta love legal jargon.
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Ross
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Posted - 2003.09.25 00:58:00 -
[20]
Point is, the US/UK have no power to demand CCP to appear in one of their courts.. If you wanted to sue them, you'd need to go to Iceland. So it doesn't matter if the servers were in the bloody South Pole, if you are going to an Icelandic court.
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Ross
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Posted - 2003.09.25 11:37:00 -
[21]
Edited by: Ross on 25/09/2003 11:38:37
Quote:
1) Ross read this. That should clear up your misunderstanding of "gaming";
Thanks... But in one of my last posts I already said that even if that WAS correct... It is still covered under "Computer Software"...
Look, this is a complicated arguement, that's why CCP probably paid a lot to a firm to write the EULA... I'm not going to turn round and say I'm an expert at law. As far as I'm concerned, the people who wrote that EULA know more about law than I do (and more than most people here, I should think).
No one with half a brain would try and bring legal action against CCP. Anyone that tried would only be wasting large sums of their own money. I can't believe you think you have a case.
If you really want your monthly fee back that badly, then surely you can't afford to bring forward legal action? 
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Ross
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Posted - 2003.09.25 12:02:00 -
[22]
Quote:
Edited by: SavX on 25/09/2003 11:47:50
If your going to sue anyone, sue Microsoft, they can afford it.
evil mastermind
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Ross
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Posted - 2003.09.25 13:54:00 -
[23]
Again, who would bother for a 30 quid game, and 10 quid a month fee? It's hardly big bucks.
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