MOmlV6026
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Posted - 2007.05.31 09:22:00 -
[1]
Not to add to the cacophony of whiny newbie b!tchs, or to the mindless ôbend over and take itö droll of the arrogant old timers butà (apparently I am going to, hence the ôàö)
I know all about U.S. health care law, but not consumer law. However, I expect the same principals apply, (i.e.: as consumers we are entitled to certain protections). Specifically, when a product that is paid for in advance is suddenly made unavailable we as the consumers of the product are entitled either a replacement or to recompense for our damages. In a case like this where our ôtime spent enjoying the game and the electronic company of othersö (that sounds creepy when you say it out loud, go ahead give it a shot) is immeasurable and varies from one to another so what we have left is liquidated damages (i.e., the monthly access fee) for the portion of the game we are unable to access. Now, I have read (and re-read) the EULA and have not found where CCP (or EVE or whomever is the controlling corp. is) is protected from these legal principals for hard & software failure, regardless of the cause. ThatÆs not to say there is no such provision, but an ôexcessiveö amount of ôdown timeö could be considered a material breech of contract.
Regardless of where they are headquartered, that they do business in a country makes them subject to the laws of that country (should they wish to continue to do business there). In any event, it would be nice were someone with consumer law experience to weigh in. I wonder if anyone has a log of some sort identifying down times, lags etcà
Also, where is that CCP Wrangler numbskull? No updates or news to the thread from him? Why would he just stop replying? Who decides to whom he will reply and when? There are many clear and cogent arguments raised that apparently CCP is either unable or unwilling to address.
We as players are obliged to keep our end of the bargain (ie: pay, not violate the EULA etc). CCP likewise has an obligation to provide the product pitched/sold to us rather than just supplying what they can when they can.
Anyway, that was just my two-cents. Here are a few house keeping items for the brain dead among you who are just so eager to have someone read/listen to you that you forget to read for content and context:
1.Yes, eve is probably the best MMORPG out.
2.No, IÆm not going to cancel my 3 accounts (wow, 3à maybe I need a hobby)
3.US consumer law is not my specialty.
4.In no way should the above be considered legal advice, it is merely the ramblings of someone who cares about each and every one of you  (it's Mom of course!)
5.Within ôreasonö, we have to accept that EVE or CCP is going to have hard & software problems that will be an inconvenience
6.EVE or CCP is the last word when it comes to whether or not they will reimburse for any losses incurred (in game or otherwise), so long as no one challenges them (ie: they define the term "reason" as stated in 5, unless a higher authority compells them to change their definition).
So we can either do something about it, ie pursue and protect our rights or sit back and keep trying to log in or decide if its worth it to write out that petition.
Respectfully submitted this 31st day of May, 2007
Momlv6026, for the defense
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