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Is CCP going to be the target of some serious legal allegations?

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Ardemire	Posted - 2007.12.06 13:24:00 - [1] Or do they have class action scramblers? Will the eula protect them? Because personaly I would hate to see CCP go under, even if this is possibly the biggest MMO botch ever.
Doctor Fruitloop	Posted - 2007.12.06 13:25:00 - [2] EULA rarely stand up in court, international trade laws superscede this. CCP would only go under if they had to pay for replacements for all the equipment they buggered or the repair fee's. I do not know of an MMO botch in this scale.
Pitt Bull Caldari	Posted - 2007.12.06 13:26:00 - [3] Go outside and get some air dude.
Shevar Minmatar A.W.M Ka-Tet	Posted - 2007.12.06 13:26:00 - [4] CCP is an icelandic corporation and here in Europe we don't have ******** sentences like pay 4 million dollars because someone got his coffee at 90 degrees celcius and burned his mouth because of drinking it. So I would consider it highly unlikely. --- -The only real drug problem is scoring real good drugs
Jolliejoe Caldari	Posted - 2007.12.06 13:27:00 - [5] lol, another troll... School out again?
ry ry StateCorp Veritas Immortalis	Posted - 2007.12.06 13:27:00 - [6] Originally by: Ardemire Or do they have class action scramblers? Will the eula protect them? Because personaly I would hate to see CCP go under, even if this is possibly the biggest MMO botch ever. no. you can't sue them. i know that's not what you wrote, but it's what you were thinking. stop it. *again.
Doctor Fruitloop	Posted - 2007.12.06 13:28:00 - [7] Iceland isn't in the EU, it has offices in London AND the USA, so technicaly I suppose it would be subject to both, regardless of Iceland not being in the EU.
Master Han The Blue Dagger Mercenery Agency	Posted - 2007.12.06 13:28:00 - [8] OMG! What are CCP to do? I know, they can call Leonard J. Crabs! He is a legal expert who offers services throughout all the interwebinet. He even has his own corp ingame, Leonard J Crabs Legal Services, not to be confused w/ Leonard J. Crabs Legal Consortium.
Freya Runestone Minmatar Brutor tribe	Posted - 2007.12.06 13:28:00 - [9] what would they get sued for? did i miss something big?
Riho Northen Breeze	Posted - 2007.12.06 13:29:00 - [10] no.. you can sue CCP for the boot.ini thing. you accept that ccp cant be blamed for any ** that happens whit your computer when u install theyr software. anyone who will try to SUE em.. will get some nice legal ** to deal whit and they will never win. im already loving the posts where ppl whine that theyr PC/laptop where they installed even is broken and they can work now :D damn stupid ppl installing games on work PCs :P

Tiger313 313th Squadron	Posted - 2007.12.06 13:31:00 - [11] Actually the patch didn't damage anything other then it deleted a file which your computer needs to reboot. There's a very easy solution to it: just start up with the windows cd in your cdrom player and fix. No biggie really. People whining about how they "lost" homework and/or work are being dumbarses: if you can get on here to whine then you can get to your homework or work files too. Simple. Shyte happens, you know. No need to be an arse over it.
Vishnej Demonic Retribution Pure.	Posted - 2007.12.06 13:31:00 - [12] Edited by: Vishnej on 06/12/2007 13:36:09 Edited by: Vishnej on 06/12/2007 13:34:57 Edited by: Vishnej on 06/12/2007 13:32:42 IANAL. In the butt. CCP's "you may not sue us" clause is pretty standard, and pretty widely ignored in contract law, in the case of gross negligence or malicious intent leading to significant damages (rather than just a failure to live up to expectations). On top of that, EULAs as "contracts" are a pretty laughable idea themselves. CCP is vulnerable here, because of all the people that will be paying Geek Squad $99 because CCP deleted a critical program file. Arguably, you're the one responsible for losing the data when Geek Squad reformats your PC, and any damages that entails. You're probably not going to get enough money being compensated for PC repairs to make it worth hiring a process server or lawyer, and this is a technical enough case that small claims court is inadequate. Class action or no action, IMO. ------------------------ CCP Bricked your PC? No bootdisk? Don't panic. All is not lost. Try this.
Jonny JoJo Amarr Imperial Academy	Posted - 2007.12.06 13:32:00 - [13] Edited by: Jonny JoJo on 06/12/2007 13:32:11 CCP are not in Europe (though Iceland is part of the European Economic Area), and I doubt anyone is going to ramble a legal case that would not be thrown out by a judge. Any prosecution would have to state why the client did not make backups, prove he made losses as well as finally providing a reasonale exceuse of why a internet spaceship game is installed on a mission critical computer. But money can buy you court verdicts.... Just ask Michael Jackson! Refresh to see next Real Life CCP sig
Kalazar Amarr Veto Corp	Posted - 2007.12.06 13:33:00 - [14] Originally by: CCP's EULA 12 NO WARRANTIES The Software, System, Game and all Game Content, and all other services and material provided in connection therewith, are provided "AS IS," with all faults, and without warranty of any kind. You assume all risk of use and all risk associated with accessing the System and playing the Game. CCP disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of the Game. CCP does not warrant that the operation of the System or your access to the System, or that your use of the Software, will be uninterrupted or error-free, nor that the System or Software will be compatible with your hardware and software. While CCP attempts to have the System available at most times, CCP does not guarantee that the System will always be available, or that the System will not become unavailable during Game play. The System may become unavailable for a number of reasons, including without limitation during the performance of maintenance to the System, for the implementation of new software, for emergency situations and due to equipment or telecommunications failures. 13 DISCLAIMER OF DAMAGES In no event shall CCP, its affiliates, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost data), arising out of or in connection with your Account, the System, Software, Game, Game Content, User Content, EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not CCP is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose. No, you can't sue them. It's similar to going into Lowsec and complaining you lost your ship. Besides, it's not CCP's problem if you a) installed EVE on a computer that was vital to work etc and b) didn't create backups. ----------------------------------------------
Kirao	Posted - 2007.12.06 13:34:00 - [15] Wow ! Who would have thought so many lawyers here eh. And next week they will all be surgeons, astronauts or whatever fits the current topic of the day.
Riho Northen Breeze	Posted - 2007.12.06 13:34:00 - [16] Originally by: Tiger313 Actually the patch didn't damage anything other then it deleted a file which your computer needs to reboot. There's a very easy solution to it: just start up with the windows cd in your cdrom player and fix. No biggie really. People whining about how they "lost" homework and/or work are being dumbarses: if you can get on here to whine then you can get to your homework or work files too. Simple. Shyte happens, you know. No need to be an arse over it. QFT everything you had on ur PC is still there... just not the boot.ini fline what is easy to fix. probably most of the ppl screaming lawsuits are american. in america you can SUE anyone for anything if u want. bloody poinltess system there that can be exploited like that :P
Kassas	Posted - 2007.12.06 13:35:00 - [17] Okay the reality is no one but the most irrate player will sue CCP on prinicpal and becuase he has the money to waste. Second - YES someone can file a suit against CCP for any reason at any time - it is up to the court to determine if the suit has merit and can proceed based on the terms of the EULA and any potential harm/ negligence or illegal act that may have occurred. Third - Jurisdiction can be contested becuase the damage occured at the location of the client computer. Fourth - Internation Trade Treaties/ International Laws can be supporting evidence in proving ones case Last - The EULA could say anything it wants - however if a judge determines that the harm that occurred can not be covered by the EULA then he can nullify it. Period.
Ardemire	Posted - 2007.12.06 13:35:00 - [18] i have no reason to sue ccp (finally, 1 point to vista and its about damn time) i was just asking what i had believed to be a reasonable question, because it would suck to see a good mmo (two words that seldom follow eachother) go down. nice negative assumptions though.
Riho Northen Breeze	Posted - 2007.12.06 13:36:00 - [19] Originally by: Kirao Wow ! Who would have thought so many lawyers here eh. And next week they will all be surgeons, astronauts or whatever fits the current topic of the day. i bet noone is a lawyer here... we just know our rights and what we can do and what we cant do... we are the ppl who have read the EULA and all other things that we accept. most ppl are clueless nubs who just spamm "accept" on anything and evrything they install its a very healthy thing to read EULAs and other legal ****e that is out there before installing anything.
Iratus Caelestis KIA Corp KIA Alliance	Posted - 2007.12.06 13:36:00 - [20] Originally by: Master Han OMG! What are CCP to do? I know, they can call Leonard J. Crabs! He is a legal expert who offers services throughout all the interwebinet. He even has his own corp ingame, Leonard J Crabs Legal Services, not to be confused w/ Leonard J. Crabs Legal Consortium. You win the thread. Goons, get him in here.

Shevar Minmatar A.W.M Ka-Tet	Posted - 2007.12.06 13:37:00 - [21] Originally by: Jonny JoJo Edited by: Jonny JoJo on 06/12/2007 13:32:11 CCP are not in Europe (though Iceland is part of the European Economic Area), and I doubt anyone is going to ramble a legal case that would not be thrown out by a judge. Any prosecution would have to state why the client did not make backups, prove he made losses as well as finally providing a reasonale exceuse of why a internet spaceship game is installed on a mission critical computer. But money can buy you court verdicts.... Just ask Michael Jackson! Euh, so according to your logic Suisse also isn't in Europe? Europe ISN'T the same as the european union or EU. --- -The only real drug problem is scoring real good drugs
Agif Templar Republic R0ADKILL	Posted - 2007.12.06 13:37:00 - [22] Originally by: Ardemire Or do they have class action scramblers? Will the eula protect them? Because personaly I would hate to see CCP go under, even if this is possibly the biggest MMO botch ever. Hope so
Aranbaal Minmatar Malevolent Intentions	Posted - 2007.12.06 13:38:00 - [23] Very unlikely you would be able to claim from ccp for this. Anything you install on your own computeris at your own risk and unless you can prover it was specifically designed to cause the probelm it did then you have no case. If you could get away with it eveyone who ever installed a bad microsoft update would be claiming against microsoft.
Syri Taneka Gallente Decimus Corp FOUNDATI0N	Posted - 2007.12.06 13:38:00 - [24] Edited by: Syri Taneka on 06/12/2007 13:40:55 My question is... why does an OS allow a third party program to delete its BOOT file? If anyone should be sued, it's Microsoft, for not properly protecting their OS files. Also, yeah, anything and everything you install is at your own risk. If you can't be bothered to properly back up your files, it's your fault, no one else's. And if people really do have EVE installed on work PCs and now can't use them... have fun explaining that to your boss. Take pictures. -------------------------------------- Bishop Endarr > christ, the church is a massive smack machine
Ardemire	Posted - 2007.12.06 13:39:00 - [25] Originally by: Iratus Caelestis Originally by: Master Han OMG! What are CCP to do? I know, they can call Leonard J. Crabs! He is a legal expert who offers services throughout all the interwebinet. He even has his own corp ingame, Leonard J Crabs Legal Services, not to be confused w/ Leonard J. Crabs Legal Consortium. You win the thread. Goons, get him in here. i ****ed off some dog lady once and he took care of that without even needing me to pay him, if he can solve two of my problems in a lifetime I will consider myself beyond blessed.
Verone	Posted - 2007.12.06 13:40:00 - [26] Originally by: EULA 13. DISCLAIMER OF DAMAGES In no event shall CCP, its affiliates, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost data), arising out of or in connection with your Account, the System, Software, Game, Game Content, User Content, EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not CCP is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose. 14. LIMITATION OF LIABILITY Except as set forth below, CCP's maximum liability for any and all claims arising out of or in connection with your Account, the Software, System, Game, Game Content, User Content, EULA, and any other services or materials provided in connection therewith, shall not exceed an amount equal to the value of one (1) month's subscription fees. Nuff Said. >>> TRIBUTE TO A FALLEN WINGMAN <<<
Kassasis Dakkstromri Caldari	Posted - 2007.12.06 13:41:00 - [27] Malicious intent by a rogue employee? Hmmm....
Joss Sparq Caldari Agony Unleashed Agony Empire	Posted - 2007.12.06 13:42:00 - [28] I'm just glad now my XP machine blew up by itself (2 months out of warranty, too) a few weeks ago and now I have a fancy new Vista notebook to enjoy the shiny on.
Kasak Black The Collective Against ALL Authorities	Posted - 2007.12.06 13:46:00 - [29] People who think CCP are going to get sued to the point of 'going under' need to tune into Sanity FM.
Kassas	Posted - 2007.12.06 13:46:00 - [30] Wrong - can be challenged Verone... Probably wouldn't get past the Judges nose though, becuase it is easy to show that the harm is negligable giving the Judge no impetus to allow the suit to proceed. My ex contested our Marital Settlement Agreement written by a lawyer and successfully got it nullified. Anything can happen depending on the evidence and what happened.



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