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Cygnet Lythanea
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Posted - 2006.07.01 06:32:00 -
[1]
Some of you may have noticed threads getting locked on the grounds that the EULA prohibits them:
16. You may not engage in any activity that increases the difficulty and/or expense of CCP in maintaining the EVE Online client, server, web site or other services for the benefit and enjoyment of all its users.
So, I did a little research into the legality of this, as it strikes me as an opening for competition to file suit under Icelandic Unfair Competition laws. I would suggest CCP's lawyers carefully review Icelandic Law governing Unfair Competition practices, particularly areas on abuse of a prominate position in the market and making the conclusion of contracts subject to acceptance by the other party of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contract (due to the implication that persons who should open an account with a competitor would be 'causing difficulty'), unless "THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ICELAND, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAW RULES OF SUCH STATE" means that 'we'll follow the law only so far as we want to' at which point I might suggest reviewing US and Icelandic tort law, both of which I belive say that a contract in violation of the law is non-binding.
I would suggest that the EULA have this removed or re-worded to '...causes damage to property, interruption of service, or increasing expense...' which would be less questionable. Non Nobis, Domine, Non Nobis, Sed Nomine Tuo Da Na Glorium |
HippoKing
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Posted - 2006.07.01 06:39:00 -
[2]
bye
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Mitten
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Posted - 2006.07.01 06:42:00 -
[3]
Originally by: HippoKing bye
Kiss me, you big ol' hippoking
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Zwik Ninju
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Posted - 2006.07.01 06:49:00 -
[4]
OMG a lawyer! quick someone lock this thread
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Avon
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Posted - 2006.07.01 07:01:00 -
[5]
EULA's are about as legally binding as fortune cookies. So, basically, who cares and stuff?
The Battleships is not and should not be a solo pwnmobile - Oveur |
Patric Murphy
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Posted - 2006.07.01 07:02:00 -
[6]
Originally by: Cygnet Lythanea Some of you may have noticed threads getting locked on the grounds that the EULA prohibits them:
16. You may not engage in any activity that increases the difficulty and/or expense of CCP in maintaining the EVE Online client, server, web site or other services for the benefit and enjoyment of all its users.
So, I did a little research into the legality of this, as it strikes me as an opening for competition to file suit under Icelandic Unfair Competition laws. I would suggest CCP's lawyers carefully review Icelandic Law governing Unfair Competition practices, particularly areas on abuse of a prominate position in the market and making the conclusion of contracts subject to acceptance by the other party of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contract (due to the implication that persons who should open an account with a competitor would be 'causing difficulty'), unless "THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ICELAND, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAW RULES OF SUCH STATE" means that 'we'll follow the law only so far as we want to' at which point I might suggest reviewing US and Icelandic tort law, both of which I belive say that a contract in violation of the law is non-binding.
I would suggest that the EULA have this removed or re-worded to '...causes damage to property, interruption of service, or increasing expense...' which would be less questionable.
Except that you cant try to take meaming out of a fragment of a sentence. the rule prohibits making it more dificult to run the client, not making it more dificult to stay in buisness. In fact as far as i can tell using a competitor makes it easer and cheaper for CCP to run eve becouse that would be one less acount to suport and maintain.
No, i cant spell, Yes, i have an education. Please try to keep your responses related to what I said, not the typo's. |
Novarei
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Posted - 2006.07.01 07:06:00 -
[7]
what threads have been locked due to that clause? I havent seen any...
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BlackHawk177
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Posted - 2006.07.01 07:14:00 -
[8]
Originally by: Novarei what threads have been locked due to that clause? I havent seen any...
One post started by the OP and another post talking about the same general idea.
My Sigs to Cool to be Hijacked... |
Jenny Spitfire
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Posted - 2006.07.01 08:19:00 -
[9]
---------------- RecruitMe@NOINT!
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Jim McGregor
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Posted - 2006.07.01 08:24:00 -
[10]
This is almost worth a war declaration. --- The Eve Wiki Community Portal | Eve Tribune |
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Serathu
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Posted - 2006.07.01 08:31:00 -
[11]
Thread locked.
Please do not discuss moderation on the forums.
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