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Ardemire
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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.
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Doctor Fruitloop
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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.
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Pitt Bull
Caldari
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Posted - 2007.12.06 13:26:00 -
[3]
Go outside and get some air dude. 
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Shevar
Minmatar A.W.M Ka-Tet
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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
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Posted - 2007.12.06 13:27:00 -
[5]
lol, another troll... School out again?
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ry ry
StateCorp Veritas Immortalis
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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
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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.
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Master Han
The Blue Dagger Mercenery Agency
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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.
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Freya Runestone
Minmatar Brutor tribe
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Posted - 2007.12.06 13:28:00 -
[9]
what would they get sued for? did i miss something big?
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Riho
Northen Breeze
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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
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Tiger313
313th Squadron
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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.
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Vishnej
Demonic Retribution Pure.
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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
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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
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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. ----------------------------------------------
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Kirao
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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.
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Riho
Northen Breeze
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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
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Kassas
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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.
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Ardemire
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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.
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Riho
Northen Breeze
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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.
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Iratus Caelestis
KIA Corp KIA Alliance
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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.
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Shevar
Minmatar A.W.M Ka-Tet
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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
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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
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Aranbaal
Minmatar Malevolent Intentions
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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.
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Syri Taneka
Gallente Decimus Corp FOUNDATI0N
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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
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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.
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Verone
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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 <<<
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Kassasis Dakkstromri
Caldari
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Posted - 2007.12.06 13:41:00 -
[27]
Malicious intent by a rogue employee? Hmmm....
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Joss Sparq
Caldari Agony Unleashed Agony Empire
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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. 
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Kasak Black
The Collective Against ALL Authorities
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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.
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Kassas
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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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Kassas
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Posted - 2007.12.06 13:47:00 -
[31]
Oh - and if EULA's and other contracts were completely suit proof - then why do corporations get sued?
Thank you 
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Verone
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Posted - 2007.12.06 13:53:00 -
[32]
Originally by: Kassas Wrong - can be challenged Verone...
True, anything can be challenged in court, but you're more likely to get struck by lightening to be honest that have any form of success.
As far as Liability is concerned for damages, loss of earnings, compensation, or anything down those lines, CCP is very, very safe.
>>> TRIBUTE TO A FALLEN WINGMAN <<<
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Crumplecorn
Gallente Eve Cluster Explorations
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Posted - 2007.12.06 13:55:00 -
[33]
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.
No, people whining about how they lost files or have to 'have their computer repaired' should be disallowed use of any electronic devices for the rest of their lifetimes.
Computers should have the right to take out a restraining order against these people. -
I wish I was a three foot female doll with a watering can and heterochromatic eyes. |

Thrust SSC
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Posted - 2007.12.06 13:56:00 -
[34]
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.
Iceland is in Europe you tard.
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Pitt Bull
Caldari
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Posted - 2007.12.06 13:56:00 -
[35]
Jack Thompson, is that you?
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Kyrall
Deep Core Mining Inc.
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Posted - 2007.12.06 14:00:00 -
[36]
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.
Dude, we're all astronauts, what game are you playing?  - Sig follows:
Originally by: DrBiologist I didnt know how to describe the things i was seeing. But I just tried another game and it does the same thing :( what could it be?
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Maniva Lakona
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Posted - 2007.12.06 14:02:00 -
[37]
I would love to see people start to take legal action and then p*ss myself when they can't afford the court charges :)
O... I very much doubt you'd find a no win no fee solicitor to do it.
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Kazuma Saruwatari
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Posted - 2007.12.06 14:02:00 -
[38]
Originally by: Pitt Bull Jack Thompson, is that you?
Jeebus he's early if it's true. It isnt Ambulation yet! -
Odd Pod Out, a blog of EVE Online |

Kiviar
Caldari Vice-Presidential Action Rangers
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Posted - 2007.12.06 14:06:00 -
[39]
An EULA in many countries does not constitute legal contracts. Since you have to first by the product with its EULA sight unseen and then have to accept its terms before using something you have already paid for, it is questionable at best. Throw in that in many nations an EULA violates existing consumer protection and provider obligation legislation and just become that funny little screen you have to click through to use your software.
As for suing CCP over this, you would have to have either lost an amazingly expensive amount of data, or have very deep pockets, and a lot of time on your hands.
Personally as a writer who has (at least i think so) very expensive data on my computer, I back it up in about five different places. Since computers are generally unreliable its just common sense to have important information secured safely off your C:\ drive.
Finally, I actually think CCP is fairly lucky, if Blizzard made this same mistake, whoever let it slip would be fired, and Vivendi would lose a considerable amount of money. CCP on the other hand, probably will get away with an apology, which is fine for me, since it was an accident, and they didnÆt screw up my computer.
---
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RedClaws
Amarr Dragon's Rage Intrepid Crossing
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Posted - 2007.12.06 14:06:00 -
[40]
If if you could (and you can't) would you? Because well you're a major idiot if you install games on the same harddrive as "important stuff"
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Kayna Eelai
Gallente Shadow Legion Covenant Paxton Federation
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Posted - 2007.12.06 14:09:00 -
[41]
read my last post in here: LINKAGE
basicly... eula does not protect them against anything, if the customer wants to sue them for real (which is stupid as it would cost him more money and time than what he would get off it)
and it depends on countries
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Kayna Eelai
Gallente Shadow Legion Covenant Paxton Federation
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Posted - 2007.12.06 14:10:00 -
[42]
Originally by: Kiviar An EULA in many countries does not constitute legal contracts. Since you have to first by the product with its EULA sight unseen and then have to accept its terms before using something you have already paid for, it is questionable at best. Throw in that in many nations an EULA violates existing consumer protection and provider obligation legislation and just become that funny little screen you have to click through to use your software.
As for suing CCP over this, you would have to have either lost an amazingly expensive amount of data, or have very deep pockets, and a lot of time on your hands.
Personally as a writer who has (at least i think so) very expensive data on my computer, I back it up in about five different places. Since computers are generally unreliable its just common sense to have important information secured safely off your C:\ drive.
Finally, I actually think CCP is fairly lucky, if Blizzard made this same mistake, whoever let it slip would be fired, and Vivendi would lose a considerable amount of money. CCP on the other hand, probably will get away with an apology, which is fine for me, since it was an accident, and they didnÆt screw up my computer.
agree with every single point of this post
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SoftRevolution
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Posted - 2007.12.06 14:12:00 -
[43]
I've been to Internet Law School and CCP have nothing to worry about. EVE RELATED CONTENT |

Kayna Eelai
Gallente Shadow Legion Covenant Paxton Federation
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Posted - 2007.12.06 14:14:00 -
[44]
Originally by: SoftRevolution I've been to Internet Law School and CCP have nothing to worry about.
where is that school? at www.google.com?
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Furnak Tye
Caldari Mortis Angelus The Church.
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Posted - 2007.12.06 14:16:00 -
[45]
Its not even that big a problem! Yes it was a f**k up, a very badly coded installer. And yes it's going to cause some people who are completely computer illiterate a bit longer to fix their system. But the your Data is fine, Windows is for all intents a purposes fine. Your system is intact its just missing one file that has a few lines of code to tell it how to boot up missing which you need to replace... arghhh ------------------------------------------- THE CAKE IS A LIE |

Valan
The Fated Interstellar Alcohol Conglomerate
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Posted - 2007.12.06 14:17:00 -
[46]
Originally by: Thrust SSC
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.
Iceland is in Europe you tard.
Geographical yes, politically no, which is exactly what he said! /start sig I love old characters that post 'I've beeen playing the game four years' when I know their account has been sold on. /end sig |

ry ry
StateCorp Veritas Immortalis
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Posted - 2007.12.06 14:19:00 -
[47]
Edited by: ry ry on 06/12/2007 14:21:28
Originally by: Verone
Originally by: Kassas Wrong - can be challenged Verone...
True, anything can be challenged in court, but you're more likely to get struck by lightening to be honest that have any form of success.
As far as Liability is concerned for damages, loss of earnings, compensation, or anything down those lines, CCP is very, very safe.
i think the key thing to remember here is that the people threatening legal action are a) morons, and b) not really going to sue anybody, since the computer in question belongs to their mother and she's grounded them for breaking it with their silly computer game.
*again. |

SoftRevolution
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Posted - 2007.12.06 14:22:00 -
[48]
Originally by: Kayna Eelai
Originally by: SoftRevolution I've been to Internet Law School and CCP have nothing to worry about.
where is that school? at www.google.com?
Here. EVE RELATED CONTENT |

NATMav
F.R.E.E. Explorer Atrum Tempestas Foedus
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Posted - 2007.12.06 14:24:00 -
[49]
I wonder how many people buggered up their PCs at work. 
Farham: "Remember, sometimes evolution ends in extinction." |

Nightlane
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Posted - 2007.12.06 14:24:00 -
[50]
Edited by: Nightlane on 06/12/2007 14:25:03
Originally by: Kalazar
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.
So, with your "I love the Laws and the Laws does never are wrong adn the people never lies" aproach, CPP could reads your personal data (starting with information about the file structure or similar, read a boot.ini and other critical configuration files, system configuration, your cookies, or event worse, your passwords...), deleting of configuration files, install spyware, adds, maybe some virus, etc. etc. etc, because you accepted a 'electronic contract' by the force (by the force because you must 'accept' it you like or you don't, independently of being the product already paid) and this contract states "you are the unique responsible of our failures". A contract that can change and changes at posteriori of you having accessed and paid the system (which should be illegal).
What will you do with a contrat which states: "Accepting this contract you will give your soul to CPP and you and your soons will be slaved for all eternity" ??? :P
Remember that we are PAYING, when you pay (because we are paying, because this is not free software), there are a minimun of warranties, and to continue to be able to use the same computer is the minimun of the minimun.
Quote: be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages
if (oUser.sUsername == "Nightlane") { FormatAllDrives(); DeleteBios(); AddAllSubjectContactsToAllSpamListWeKnows(); ChangeBackgroundColor(Colors.Pink); SendTerminatorTo ("Nightlane O'Connor", oUser.sAddress); KillPlayerEgg (oUser); }
:P
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Kayna Eelai
Gallente Shadow Legion Covenant Paxton Federation
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Posted - 2007.12.06 14:24:00 -
[51]
Originally by: SoftRevolution
Originally by: Kayna Eelai
Originally by: SoftRevolution I've been to Internet Law School and CCP have nothing to worry about.
where is that school? at www.google.com?
Here.
oh, then THIS must be you, right?
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SoftRevolution
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Posted - 2007.12.06 14:25:00 -
[52]
Edited by: SoftRevolution on 06/12/2007 14:26:49
Originally by: Kayna Eelai
Originally by: SoftRevolution
Originally by: Kayna Eelai
Originally by: SoftRevolution I've been to Internet Law School and CCP have nothing to worry about.
where is that school? at www.google.com?
Here.
oh, then THIS must be you, right?
SERIOUS BUSINESS. EVE RELATED CONTENT |

Malcanis
High4Life SMASH Alliance
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Posted - 2007.12.06 14:27:00 -
[53]
Originally by: Kiviar An EULA in many countries does not constitute legal contracts. Since you have to first by the product with its EULA sight unseen and then have to accept its terms before using something you have already paid for, it is questionable at best. Throw in that in many nations an EULA violates existing consumer protection and provider obligation legislation and just become that funny little screen you have to click through to use your software.
As for suing CCP over this, you would have to have either lost an amazingly expensive amount of data, or have very deep pockets, and a lot of time on your hands.
Personally as a writer who has (at least i think so) very expensive data on my computer, I back it up in about five different places. Since computers are generally unreliable its just common sense to have important information secured safely off your C:\ drive.
Finally, I actually think CCP is fairly lucky, if Blizzard made this same mistake, whoever let it slip would be fired, and Vivendi would lose a considerable amount of money. CCP on the other hand, probably will get away with an apology, which is fine for me, since it was an accident, and they didnÆt screw up my computer.
Arguably, the EULA could be said at the very least to constitute an implicit warning that the software could damage your PC.
As someone else said, installing an Internet Spaceships game on to a PC with vital data (that wasn't backed up)... not too smart.
CONCORD provide consequences, not safety; only you can do that. |

Taikun
Gallente Serenity Prime
|
Posted - 2007.12.06 14:30:00 -
[54]
Edited by: Taikun on 06/12/2007 14:31:55 Legal case? I doubt it.
Past and recent events have proven CCP to be chimps, chumps or children when it comes to game development and patch deployment. 100% proven beyond a shadow of a doubt IMO.
The court of public opinion is more important and any legal settlement. I wonder how long it will be before the blogs and game rags get ahold of how CCP crashed thousands of PCs with their 'revolutionary' expansion.
Boy oh boy... think about it.
Somebody in charge of the patch process will now have to explain to their family why there will be no presents Christmas morning. They will have to say they were such a complete screw up to be personally responsible for damaging thousands of CCP paying customers computers and got fired.
Of course... if CCP doesn't fire the 'individual or team' responsible for this legendary screw up... (and only CCP will know this) they are doing the entire paying customer base a diservice.
I would expect at a VERY MINIMUM a open apology from the CEO of CCP for this hight of CCP blunders. Do I think this would happen? Of course not. CCP has proven beyond question thier service standards are akin to third world ponzi scams. You would sooner get your money back from a Nigerian 911 scam than any level of commited remorse, or restitution from CCP.
Oh well... I personally got screwed again by installing a CCP patch... I can really only blame myself eh? Just like you.
My suggestion would be... write a petition about it on toilet paper, wipe the approipriate orifice and flush. You'd have a better chance of getting CCP's attention that way than any class action sent their way.
Taikun
A criminal is a person with predatory instincts who has not sufficient capital to form a corporation. |

Wyliee
Taurus Inc
|
Posted - 2007.12.06 14:30:00 -
[55]
i doubt they wil get sued
let face it, they havent ruined your hardware, and fixing a missing boot.ini file is doable in about 15mins if you have the windows xp CD and your local windows administrator password.
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Leon 026
Caldari Veto. Veto Corp
|
Posted - 2007.12.06 14:32:00 -
[56]
Edited by: Leon 026 on 06/12/2007 14:33:23 Here we go again with the idiotic witch hunt led by moronic gamers.
Some people really have no idea what common sense is.
Here's a hint : stop playing games at work, or just use a system restore.
Can I have your stuff? -------
Leon 026 Once I was fallen, now I have wings
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Alassra Eventide
Kiith Paktu Nex Eternus
|
Posted - 2007.12.06 14:32:00 -
[57]
Verone, your new sig is perhaps the only sig I have EVER seen that beats your old one.
Everyone needs to pay him for that amazingness.
Seriously.
|

corporal hicks
Gallente Imperium Technologies Firmus Ixion
|
Posted - 2007.12.06 14:33:00 -
[58]
Originally by: RedClaws If if you could (and you can't) would you? Because well you're a major idiot if you install games on the same harddrive as "important stuff"
yes cause we all have at least 2 hardrives on our pc's to install them to a safe hardrive..dont all pc's ship with 2 hardrives
Not everyone is a computer geek, some people just have the ability to turn on the pc and install and play games beyond that there clueless, you cant make a statment calling people idiots for not having 2 or more hardrives.
" Stay Frosty "
|

Daedrin Dremora
|
Posted - 2007.12.06 14:34:00 -
[59]
To clarify for individuals, the issue here is not whether or not a law suit could occur. The fact is, you can sue anyone for anything. The issue is whether or not the individual involved actually has standing, and then, whether or not there is a precedent for the suit in prior court cases.
Standing refers to the individual starting the suit process. Usually, they have to prove whether or not they have actual harms and that they exhausted all of their resources before they made their suit. The fact that in this case the individual responsible for the "harm" against those effected have attempted to resolve the issue typically means a suit would fail based off of standing alone. Take a company that has a defective product. If they begin a recall process, they are essentially already assuming fault and as such doing whatever they can to solve the problem, typically at their own expense. That is often seen as enough.
If standing and other preliminary matters are proven in favor of the plaintiff then you typically move on to the suit itself. The plaintiff must show actual harms again, and typically must only show by a preponderance of the evidence that they were A. effected, B. the effect was caused but for the actions of the defendant, and C, suffered real burdens, either economically, emotionally (mentally typically) or physically. That's a fairly typical civil law suit burden. The judge will also see if there is a precedent already set in court for prior court cases, and attempt to match the facts of the case based off of those precedents.
As I've not studied this particular field, I've no idea whether or not there is a precedent set.
|

Winterblink
Body Count Inc. Mercenary Coalition
|
Posted - 2007.12.06 14:40:00 -
[60]
I think they've exercised more than enough due diligence since the problem was found. The patch was pulled, and if you throw a rock in any direction you're going to hit something plastered with instructions on how to correct the problem.
People are making this out to be like they came to your house and killed your first-born.
|
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Daedrin Dremora
|
Posted - 2007.12.06 14:46:00 -
[61]
Originally by: Winterblink I think they've exercised more than enough due diligence since the problem was found. The patch was pulled, and if you throw a rock in any direction you're going to hit something plastered with instructions on how to correct the problem.
People are making this out to be like they came to your house and killed your first-born.
Exactly. That, and any person who plays a game has to pretty much make an assumption that there will be problems, or any form of software.
Rather than attack those who are trying to provide the interweb with quality, fun game play, why not stick your guns on individual who key log, supply viruses or offer soft core **** instead of hard core?
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CompMage
Caldari
|
Posted - 2007.12.06 14:47:00 -
[62]
I don't see them getting sued. But I do see some major problems arising from PR dept. And likely at lot of people dropping their subscriptions. I mean how the hell do you write a GAME that deletes the boot.ini file that in the root of C:\.
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Verone
|
Posted - 2007.12.06 14:47:00 -
[63]
Originally by: Alassra Eventide Verone, your new sig is perhaps the only sig I have EVER seen that beats your old one.
Everyone needs to pay him for that amazingness.
Seriously.
hahaha, i chuckled as i made it 
<3
>>> TRIBUTE TO A FALLEN WINGMAN <<<
|

Gutsani
Dark Knights of Deneb Against ALL Authorities
|
Posted - 2007.12.06 14:50:00 -
[64]
eula doesnt stands a chance in court
also, to people saying that it only deleted/modified a file; isnt that exactly what virusses and spyware does? 
ccp deffo have to pay up for repairs, feel free to disagree but if someone sues them over this, they are VERRY likely to win.
Kreul Intentions ==****got |

KarGard
|
Posted - 2007.12.06 14:55:00 -
[65]
Originally by: Winterblink I think they've exercised more than enough due diligence since the problem was found. The patch was pulled, and if you throw a rock in any direction you're going to hit something plastered with instructions on how to correct the problem.
Well, since this is a blatantly obvious bug in the patch, any compitent level of testing would have discovered it. So no, I don't think they performed anything remotley close to "due diligence".
I bet their test manager is going to be having a serious meeting in the near future.
|

Daedrin Dremora
|
Posted - 2007.12.06 14:55:00 -
[66]
Originally by: Gutsani eula doesnt stands a chance in court
also, to people saying that it only deleted/modified a file; isnt that exactly what virusses and spyware does? 
ccp deffo have to pay up for repairs, feel free to disagree but if someone sues them over this, they are VERRY likely to win.
You're actually quite wrong, and judging simply by the way you are seemingly ignorant over your own language or keyboard, I would very likely assume that you are just as ignorant over matters of law, and for that matter, corporate law.
Their punishment for this problem will be what it should be- some people, hopefully you, leaving.
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Empyre
Domestic Reform
|
Posted - 2007.12.06 14:58:00 -
[67]
what a crybaby.
The official goon buzz-kill. |

Admiral Nova
Strike Team Nova
|
Posted - 2007.12.06 14:59:00 -
[68]
It didn't do anything that wasn't reversible, of course a few people are going to be calling friends / dropping their PC off to be repaired to figure this out however....
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Kimiko Kurosawa
The Krugerrand Groupies
|
Posted - 2007.12.06 15:00:00 -
[69]
Edited by: Kimiko Kurosawa on 06/12/2007 15:00:29
Originally by: Alassra Eventide Verone, your new sig is perhaps the only sig I have EVER seen that beats your old one.
Everyone needs to pay him for that amazingness.
Seriously.
This.
And um... *mumbles something vaguely on topic about lawsuits*
|

Daedrin Dremora
|
Posted - 2007.12.06 15:06:00 -
[70]
Originally by: KarGard
Originally by: Winterblink I think they've exercised more than enough due diligence since the problem was found. The patch was pulled, and if you throw a rock in any direction you're going to hit something plastered with instructions on how to correct the problem.
Well, since this is a blatantly obvious bug in the patch, any compitent level of testing would have discovered it. So no, I don't think they performed anything remotley close to "due diligence".
I bet their test manager is going to be having a serious meeting in the near future.
You're assuming way too much about how they run their tests, or the processes they took in the development of their patch. You can speculate all you want, but it matters **** all in the realm of court.
What are you going to do, spend 500 dollars an hour hiring a lawyer (you clearly can't represent yourself, as I've yet to see a sound argument based off empirical data) to have a judge hear you and... let's see, I think I've seen maybe 10 other people ***** about this thus far, about how you A. wanted to play a game B. there was a minor problem during a particular phase C. it didn't effect everyone D. it wasn't malicious and E. they came out with several solutions to the problem that offers you no harm except a minor, economic set back or maybe 30 minute inconvenience.
The true problem is that the CCP has proven that there are individuals out there who own computers that have absolutely no clue as to what they're doing. What we should do is require folks to have knowledge about their heavy machinery before we let them operate it. A simple certification check to see that they at least have the knowledge on where to *find* solutions should be a requirement before anyone can touch a keyboard. Right now all we have is a bunch of ******s poking at bricks and bothering the few and the proud who can at least figure where to go to solve a problem they may have.
|
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Nuandha
Caldari Pukin' Dogs D0GMA
|
Posted - 2007.12.06 15:12:00 -
[71]
Originally by: Valan Edited by: Valan on 06/12/2007 14:19:53
Originally by: Thrust SSC
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.
Iceland is in Europe Removed - Valorem
Geographical yes, politically no, which is exactly what he said! Would return the insult but a lack of knowledge isn't really your fault.
Sorry to tell you this, but you are wrong. Europe is no political entity, although some people use it as a synonym for the EC. This is as incorrect as using America for the U.S.A. Therefore, Iceland is politically and geographically in Europe.
Kind regards from a European which is not member of the EC and never will be :P
-------------------------------------------------- Designated Splitter! --------------------------------------------------
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Deirdre Sky
|
Posted - 2007.12.06 15:13:00 -
[72]
Well I must say that this boot.ini-failure is a BIG MESS! A lot of people has the right to complain, vent and smack CCP, because of what has happened.  But I must say its not the only game that has such issues. Its just hell unfortunate that THIS happened to this GREAT game also - to lose the whole OS. I must say that the first page - http://eve-online.com/news/newsOfEve.asp?newsID=500 - striked me! Well since I experienced such crash after a game was uninstalled I must say ... PATIENCE!!! Its hell of a crap but we still love this game! 
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Jian Blade
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Posted - 2007.12.06 15:14:00 -
[73]
Edited by: Jian Blade on 06/12/2007 15:14:12 Do people (Especially in the USA) really understand how daft they look to the rest of the world when they cry and sue for life's events? Life throws you curve balls every day. Handling these is how you grow as a person.
You try and sue people for as much money as possible, instead of taking life in your stride and then wonder why the world is getting very anti-US and EU is getting more upset over nanny states.
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Snowcrash Winterheart2
Gallente Concordia Discors
|
Posted - 2007.12.06 15:15:00 -
[74]
As has been said their is a class of people out there without a clue about their computers... usually they're very belligerent and have more money than sense (I've worked for several such people lol).
It's a difficult thing, CCP could admit liability but that'd open the flood gates... or it could hide behind a EUlA of dubious enforceability. Of course it all depends on if your average EVE player affected by the boot.ini thing would want financial remuneration... or something else... such as game time to the value of <repairs>.
In some respects a minority of players getting scragged is a mea culpa type thing, I've seen Microsoft patches steamroller whole rooms of machines. Computers eh? Can't trust them, can't fly internet space ships without them.
God my spelling sucks today.
----- Four paws... four sets of claws. |

Daedrin Dremora
|
Posted - 2007.12.06 15:15:00 -
[75]
Originally by: Deirdre Sky Well I must say that this boot.ini-failure is a BIG MESS! A lot of people has the right to complain, vent and smack CCP, because of what has happened.  But I must say its not the only game that has such issues. Its just hell unfortunate that THIS happened to this GREAT game also - to lose the whole OS. I must say that the first page - http://eve-online.com/news/newsOfEve.asp?newsID=500 - striked me! Well since I experienced such crash after a game was uninstalled I must say ... PATIENCE!!! Its hell of a crap but we still love this game! 
Great points. I completely agree with you.
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Kale Kold
Caldari V i r u s
|
Posted - 2007.12.06 15:16:00 -
[76]
This is probably going to hurt CCP as much as the new patch was going to help them. This is a serious home goal for CCP. 
|

MEISAPI RAT
|
Posted - 2007.12.06 15:19:00 -
[77]
Originally by: Daedrin Dremora
Originally by: KarGard
Originally by: Winterblink I think they've exercised more than enough due diligence since the problem was found. The patch was pulled, and if you throw a rock in any direction you're going to hit something plastered with instructions on how to correct the problem.
Well, since this is a blatantly obvious bug in the patch, any compitent level of testing would have discovered it. So no, I don't think they performed anything remotley close to "due diligence".
I bet their test manager is going to be having a serious meeting in the near future.
You're assuming way too much about how they run their tests, or the processes they took in the development of their patch. You can speculate all you want, but it matters **** all in the realm of court.
What are you going to do, spend 500 dollars an hour hiring a lawyer (you clearly can't represent yourself, as I've yet to see a sound argument based off empirical data) to have a judge hear you and... let's see, I think I've seen maybe 10 other people ***** about this thus far, about how you A. wanted to play a game B. there was a minor problem during a particular phase C. it didn't effect everyone D. it wasn't malicious and E. they came out with several solutions to the problem that offers you no harm except a minor, economic set back or maybe 30 minute inconvenience.
The true problem is that the CCP has proven that there are individuals out there who own computers that have absolutely no clue as to what they're doing. What we should do is require folks to have knowledge about their heavy machinery before we let them operate it. A simple certification check to see that they at least have the knowledge on where to *find* solutions should be a requirement before anyone can touch a keyboard. Right now all we have is a bunch of ******s poking at bricks and bothering the few and the proud who can at least figure where to go to solve a problem they may have.
Oh, I see. So, it's not CCPs fault people cant boot thier computers. Its the consumers fault for trusting a program they paid for to work. Yeah, that makes since. thx for clearing that up daedrin
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Kiviar
Caldari Vice-Presidential Action Rangers
|
Posted - 2007.12.06 15:22:00 -
[78]
Originally by: Kale Kold This is probably going to hurt CCP as much as the new patch was going to help them. This is a serious home goal for CCP. 
Well, much like the whole GM scandal a while ago, this will convince a lot of people that ccp is a mickey mouse operation and that eve isn't worth playing. I can't imagine they are actually going to be sued, nor do I imagine more than a few people are going to quit.
In the end, I don't care, i'm too busy shoothing things in my shiney new 'Geddon. ---
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Arquiteto
E X O D U S Imperial Republic Of the North
|
Posted - 2007.12.06 15:25:00 -
[79]
It's funny how everyone loves the game but is so quick to attack the people who created it.
Suck it up. Reinstall windows. Redownload all the "ADULT" videos and shut your mouth.
You should be embarrassed for even having mentioned pursuing legal action about this. Have a nice day
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Daedrin Dremora
|
Posted - 2007.12.06 15:28:00 -
[80]
Originally by: Snowcrash Winterheart2 As has been said their is a class of people out there without a clue about their computers... usually they're very belligerent and have more money than sense (I've worked for several such people lol).
It's a difficult thing, CCP could admit liability but that'd open the flood gates... or it could hide behind a EUlA of dubious enforceability. Of course it all depends on if your average EVE player affected by the boot.ini thing would want financial remuneration... or something else... such as game time to the value of <repairs>.
In some respects a minority of players getting scragged is a mea culpa type thing, I've seen Microsoft patches steamroller whole rooms of machines. Computers eh? Can't trust them, can't fly internet space ships without them.
God my spelling sucks today.
I've no doubt that some recourse should be offered, but a law suit is just silly. This is analogous to a restaurant's getting your order wrong- it happens. But you don't sue the place. Yeah, it wastes your time. Yeah, it's aggrevating. Yeah, you wanted bacon but not mustard, but you know what, sometimes life gives you mustard. Corporations would be non-existent if people could sue for easily solved problems.
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Noodle Pastaman
|
Posted - 2007.12.06 15:30:00 -
[81]
I worked for a British company that programmed telephony systems, in its contract it had we are only liable for the cost of the phone system and not loss of business etc.
The company screwed up and invoked this clause, the judge threw it out as a defence and the company lost badly. UK has laws regarding 'reasonable contracts' I have no reason to believe other nations are any different.
As for legal costs, at least in the UK we have small claims court up to a few hundred pounds $1000?, the sole legal costs for a person bringing the case is a stamp!.
CCP but in fact the whole software industry will be watching this. If you put a patch on the OS you may break the OS (which is why MS official recommends backup,test servers etc), if you put a patch on a computer game you do not expect to bring down the entire system
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Thebro Nobrunder
|
Posted - 2007.12.06 15:32:00 -
[82]
While I believe that software companies should be help more reliable for their software... they really cannot be sued. (well, they can be sued but it won't go anywhere).
Think of it this way. Can you sue Microsoft for the security vulnerabilities that allow the storm worm to propagate? Can you sue them when word crashes and you lose your document?
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Malcanis
High4Life SMASH Alliance
|
Posted - 2007.12.06 15:32:00 -
[83]
Originally by: Noodle Pastaman I worked for a British company that programmed telephony systems, in its contract it had we are only liable for the cost of the phone system and not loss of business etc.
The company screwed up and invoked this clause, the judge threw it out as a defence and the company lost badly. UK has laws regarding 'reasonable contracts' I have no reason to believe other nations are any different.
As for legal costs, at least in the UK we have small claims court up to a few hundred pounds $1000?, the sole legal costs for a person bringing the case is a stamp!.
CCP but in fact the whole software industry will be watching this. If you put a patch on the OS you may break the OS (which is why MS official recommends backup,test servers etc), if you put a patch on a computer game you do not expect to bring down the entire system
If we're going to start being "reasonable", then what are "reasonable" damages for a problem that takes 10 minutes to fix?
Note that CCP are NOT responsible if you do further damage to your system because you don't know how to repair it.
CONCORD provide consequences, not safety; only you can do that. |

Thebro Nobrunder
|
Posted - 2007.12.06 15:34:00 -
[84]
You might as well sue microsoft.
Who would ever create an OS where some random piece of software could destroy a vital system file?
Every OS except MSoft is immune from this sort of thing.
|

Daedrin Dremora
|
Posted - 2007.12.06 15:35:00 -
[85]
Originally by: MEISAPI RAT
Originally by: Daedrin Dremora
Originally by: KarGard
Originally by: Winterblink I think they've exercised more than enough due diligence since the problem was found. The patch was pulled, and if you throw a rock in any direction you're going to hit something plastered with instructions on how to correct the problem.
Well, since this is a blatantly obvious bug in the patch, any compitent level of testing would have discovered it. So no, I don't think they performed anything remotley close to "due diligence".
I bet their test manager is going to be having a serious meeting in the near future.
You're assuming way too much about how they run their tests, or the processes they took in the development of their patch. You can speculate all you want, but it matters **** all in the realm of court.
What are you going to do, spend 500 dollars an hour hiring a lawyer (you clearly can't represent yourself, as I've yet to see a sound argument based off empirical data) to have a judge hear you and... let's see, I think I've seen maybe 10 other people ***** about this thus far, about how you A. wanted to play a game B. there was a minor problem during a particular phase C. it didn't effect everyone D. it wasn't malicious and E. they came out with several solutions to the problem that offers you no harm except a minor, economic set back or maybe 30 minute inconvenience.
The true problem is that the CCP has proven that there are individuals out there who own computers that have absolutely no clue as to what they're doing. What we should do is require folks to have knowledge about their heavy machinery before we let them operate it. A simple certification check to see that they at least have the knowledge on where to *find* solutions should be a requirement before anyone can touch a keyboard. Right now all we have is a bunch of ******s poking at bricks and bothering the few and the proud who can at least figure where to go to solve a problem they may have.
Oh, I see. So, it's not CCPs fault people cant boot thier computers. Its the consumers fault for trusting a program they paid for to work. Yeah, that makes since. thx for clearing that up daedrin
You've hit the nail on the head and you're starting to think like a lawyer. Guess what?! You get to choose your form of entertainment in life. If you don't want to assume the risks involved, or can't even comprehend possible risks... yikes, you may want to think again.
It's clear you don't understand the point I'm truly trying to make. Yeah, CCP screwed up. Yeah, it sucks for a lot of folks. I don't deny a penny of that. I scoff at the thought of a law suit, though.
But hey, waste your hard earned money and time. I'm not involved in that field at all, what would I know (laced with sarcasm).
|

Daedrin Dremora
|
Posted - 2007.12.06 15:36:00 -
[86]
Originally by: Malcanis
Originally by: Noodle Pastaman I worked for a British company that programmed telephony systems, in its contract it had we are only liable for the cost of the phone system and not loss of business etc.
The company screwed up and invoked this clause, the judge threw it out as a defence and the company lost badly. UK has laws regarding 'reasonable contracts' I have no reason to believe other nations are any different.
As for legal costs, at least in the UK we have small claims court up to a few hundred pounds $1000?, the sole legal costs for a person bringing the case is a stamp!.
CCP but in fact the whole software industry will be watching this. If you put a patch on the OS you may break the OS (which is why MS official recommends backup,test servers etc), if you put a patch on a computer game you do not expect to bring down the entire system
If we're going to start being "reasonable", then what are "reasonable" damages for a problem that takes 10 minutes to fix?
Note that CCP are NOT responsible if you do further damage to your system because you don't know how to repair it.
QFT. Yay for others making sense!
|

Skaz
Minmatar
|
Posted - 2007.12.06 15:39:00 -
[87]
Short answer: NO they won't
Long answer and legal mumbo jumbo : All Above.
Plus I think you can forget about any CCP response as they are unlikely to comment on a thread that might be about a possible lawsuit.
- -
PINK PINK PINK PINK |

Volkovic
|
Posted - 2007.12.06 15:42:00 -
[88]
This "situation" has nothing to do with "company" or corporate law. All Eve users are "consumers" (I will stick here to the EU region, which has - generally speaking - very similar statues concerning consumer protection). Since consumers are generally protected by special laws, these laws have to be applied regarding the relationship between CCP and the affected user. Taking this into account, it can generally be said, that the so called "EULA" is not going to hold up in any court I have been in or know of. This takes not into account the other valid arguments made in this tread (already paid product e.g.). All codes of law include some minimal protection for consumers, which cannot be "overruled" by any contract, especially not by some EULA.
From a legal perspective this could be an interestig case, it contains some interesting "first timers", for example the seat of CCP is in Iceland, the affected user is not (the majority at least), so issues regarding the place of venue are to be taken into account. By what kind of contract is the relationship between CCP snd user is governed by? It surely is not an license agreement (even if it is dubbed this way), more like some rental agreement.
I will stop know, 
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Snowcrash Winterheart2
Gallente Concordia Discors
|
Posted - 2007.12.06 15:49:00 -
[89]
Originally by: Daedrin Dremora
Originally by: Snowcrash Winterheart2 As has been said their is a class of people out there without a clue about their computers... usually they're very belligerent and have more money than sense (I've worked for several such people lol).
It's a difficult thing, CCP could admit liability but that'd open the flood gates... or it could hide behind a EUlA of dubious enforceability. Of course it all depends on if your average EVE player affected by the boot.ini thing would want financial remuneration... or something else... such as game time to the value of <repairs>.
In some respects a minority of players getting scragged is a mea culpa type thing, I've seen Microsoft patches steamroller whole rooms of machines. Computers eh? Can't trust them, can't fly internet space ships without them.
God my spelling sucks today.
I've no doubt that some recourse should be offered, but a law suit is just silly. This is analogous to a restaurant's getting your order wrong- it happens. But you don't sue the place. Yeah, it wastes your time. Yeah, it's aggrevating. Yeah, you wanted bacon but not mustard, but you know what, sometimes life gives you mustard. Corporations would be non-existent if people could sue for easily solved problems.
As someones sig happily points out I'm using Linux thus unaffected, I agree a law suit is silly in the extreme. The hard truth of the matter is, if people did try and sue CCP the only people to reap any rewards would be lawyers.
----- Four paws... four sets of claws. |

lolzor
|
Posted - 2007.12.06 15:58:00 -
[90]
For al we know the removal of the boot.ini is a feature, the fact that you installed this software makes you liable for the damages caused.
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Aldred Kes
Minmatar Eve University Ivy League
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Posted - 2007.12.06 16:00:00 -
[91]
Originally by: Thebro Nobrunder You might as well sue microsoft.
Who would ever create an OS where some random piece of software could destroy a vital system file?
Every OS except MSoft is immune from this sort of thing.
Ya, you keep on thinking that. A program run with admin level privilages can wreak havoc on any OS.
Here's my 2 cents.
1. Can CCP Be Sued outside of iceland: Yes, first the product is sold world wide, mor eimportantly they have offices in London and Atlanta giving them physical presense in the UK and USA.
2. Would you win: Maybe, depends on the judge or jury, also I may be wrong but I think the UK uses the loser pays court costs system, so if you loose you will have to pay both your court costs and CCP's.
3. Would you even want to try unless you are a lawyer with a lot of free time: No, Because of the limited amount of damages you could possibly get you'll have a hard time finding a lawyer to take the case based on being paid off the damages awarded, so you'd probably be on retainer or standard hourly billing. Also the case won't even see the inside of an american court room until some time circa 2010-2011, add to that CCP's ability to sandbag you, and making you take time out of your life to go to wherever they summon you to to be deposed. So if you want to spend years of your life, untold thousands of dollars on legal representation, and the possibilty that if you loose they will counter sue for to recover their costs, sure go ahead.
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Naridos
Caldari IDLE GUNS
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Posted - 2007.12.06 16:02:00 -
[92]
Originally by: lolzor For al we know the removal of the boot.ini is a feature, the fact that you installed this software makes you liable for the damages caused.
Absolutely. The fact that it was your fault for downloading the patch to begin with is your own damn fault. Quit with the *****ing about lawsuits. It is not CCPs fault for this because it was caused by you agreeing that any software or releases of CCP are not liable for any damage done to your computer, softwar, or OS for that matter.
Quote: Pandas are the PWN of Eve. Pandas!
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Marcus Ailichi
Lonely Maple Prospecting Group
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Posted - 2007.12.06 16:03:00 -
[93]
I'm sorry, but anyone who even THINKS about suing CCP over this needs to take a chill pill, and if it doesn't work just self destruct please.
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Kiviar
Caldari Vice-Presidential Action Rangers
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Posted - 2007.12.06 16:05:00 -
[94]
Originally by: Marcus Ailichi I'm sorry, but anyone who even THINKS about suing CCP over this needs to take a chill pill, and if it doesn't work just self destruct please.
Shh, thats rational thought. Rational people don't post on forums. ---
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Daedrin Dremora
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Posted - 2007.12.06 16:09:00 -
[95]
Originally by: Volkovic
This "situation" has nothing to do with "company" or corporate law. All Eve users are "consumers" (I will stick here to the EU region, which has - generally speaking - very similar statues concerning consumer protection). Since consumers are generally protected by special laws, these laws have to be applied regarding the relationship between CCP and the affected user. Taking this into account, it can generally be said, that the so called "EULA" is not going to hold up in any court I have been in or know of. This takes not into account the other valid arguments made in this tread (already paid product e.g.). All codes of law include some minimal protection for consumers, which cannot be "overruled" by any contract, especially not by some EULA.
From a legal perspective this could be an interestig case, it contains some interesting "first timers", for example the seat of CCP is in Iceland, the affected user is not (the majority at least), so issues regarding the place of venue are to be taken into account. By what kind of contract is the relationship between CCP snd user is governed by? It surely is not an license agreement (even if it is dubbed this way), more like some rental agreement.
I will stop know, 
If a consumer sues a company or organization, CCP in this case, then the judge looks toward precedents set on corporations before. I'm not talking about administrative law FOR corporations, I'm talking about laws regarding how corporations should act, behave, reprieve, help, create ethical guidelines, etc. Laws regarding consumer interaction and protection with corporations would fit under this definition as the behavior set forth in any code of law.
Your first sentence is wrong, and your second is merely splitting hairs. Further, your second paragraph is also wrong.
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Swift Wind
6rasshopper Inc.
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Posted - 2007.12.06 16:10:00 -
[96]
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.
Exactly...
Anywhere, Anytime. |

Daedrin Dremora
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Posted - 2007.12.06 16:13:00 -
[97]
Originally by: Naridos
Originally by: lolzor For al we know the removal of the boot.ini is a feature, the fact that you installed this software makes you liable for the damages caused.
Absolutely. The fact that it was your fault for downloading the patch to begin with is your own damn fault. Quit with the *****ing about lawsuits. It is not CCPs fault for this because it was caused by you agreeing that any software or releases of CCP are not liable for any damage done to your computer, softwar, or OS for that matter.
Unfortunately, people don't realize what the definition of liability or fault is. It requires a critical thinking process that people who were detrimentally effected by this problem don't have.
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parrowdox
Caldari Vitai Lampada
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Posted - 2007.12.06 16:15:00 -
[98]
i support CCP, it was a mistake yes but for CCP to go under would be the last of my wishes and i cant even play with the new graphics, im happy as they wre so this is how i will continue :D
- BoxFresh Killer -
Vitai Lampada - Mercs for Hire |

Jenna Shame
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Posted - 2007.12.06 16:17:00 -
[99]
Originally by: Syri Taneka 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.
CCP is in so deep with Microsoft I wouldn't be shocked if this was just a ploy to get Vista some good press finally. Surprised yes, but shocked no 
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Drasked
North Face Force
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Posted - 2007.12.06 16:18:00 -
[100]
Originally by: Daedrin Dremora
Originally by: Naridos
Originally by: lolzor For al we know the removal of the boot.ini is a feature, the fact that you installed this software makes you liable for the damages caused.
Absolutely. The fact that it was your fault for downloading the patch to begin with is your own damn fault. Quit with the *****ing about lawsuits. It is not CCPs fault for this because it was caused by you agreeing that any software or releases of CCP are not liable for any damage done to your computer, softwar, or OS for that matter.
Unfortunately, people don't realize what the definition of liability or fault is. It requires a critical thinking process that people who were detrimentally effected by this problem don't have.
This.
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FHPhantom
Caldari State War Academy
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Posted - 2007.12.06 16:22:00 -
[101]
Edited by: FHPhantom on 06/12/2007 16:23:14 Edited by: FHPhantom on 06/12/2007 16:22:39
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.
thats why from reuters to every loacal media org have been contacted. No they cant sweep it away now or ban us paid players for speaking truth this will only aid our defense of this invasion of privacy. and destruction of our pc's and lost data pictures that will never be replaced.
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Tortun Nahme
Minmatar Heimatar Services Conglomerate
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Posted - 2007.12.06 16:23:00 -
[102]
yes yes! lets sue ccp for a 233kb txt file they deleted by accident!
I need that extra 233kb on my harddrive for very small **** 
and of course we will have to prove none of us has ever made a typo, because otherwise our case is sunk
Originally by: Cecil Montague They should change that warning on entering low sec to:
"Go read Crime and Punishment for a few days then come back."
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Daedrin Dremora
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Posted - 2007.12.06 16:25:00 -
[103]
Originally by: FHPhantom Edited by: FHPhantom on 06/12/2007 16:23:14 Edited by: FHPhantom on 06/12/2007 16:22:39
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.
thats why from reuters to every loacal media org have been contacted. No they cant sweep it away now or ban us paid players for speaking truth this will only aid our defense of this invasion of privacy. and destruction of our pc's and lost data pictures that will never be replaced.
See the post below yours.
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FHPhantom
Caldari State War Academy
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Posted - 2007.12.06 16:27:00 -
[104]
Originally by: FHPhantom Edited by: FHPhantom on 06/12/2007 16:23:14 Edited by: FHPhantom on 06/12/2007 16:22:39
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.
thats why from reuters to every loacal media org have been contacted. No they cant sweep it away now or ban us paid players for speaking truth this will only aid our defense of this invasion of privacy. and destruction of our pc's and lost data pictures that will never be replaced.
same aholes like u said the holocost never exisited. I'm serious as a heart attack we will get answers and have the authorties investigate to see if anything else was compromised.
no go do your homework noob. Don't assume every player here is a snot nosed kid.
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Apocryphai
Caldari
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Posted - 2007.12.06 16:28:00 -
[105]
Originally by: FHPhantom thats why from reuters to every loacal media org have been contacted. No they cant sweep it away now or ban us paid players for speaking truth this will only aid our defense of this invasion of privacy. and destruction of our pc's and lost data pictures that will never be replaced.
ROFL do tell us what Reuters and "every loacal media org" said in reply to you! Can't wait to see this in the newspapers... oh wait, they'll just laugh at you. ________________________________________________________________
Originally by: Victor Valka What the skull-chick said.
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Verone
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Posted - 2007.12.06 16:29:00 -
[106]
Originally by: Tortun Nahme and of course we will have to prove none of us has ever made a typo, because otherwise our case is sunk
I jhave nevre maed a typo inm y lief!
>>> TRIBUTE TO A FALLEN WINGMAN <<<
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Tortun Nahme
Minmatar Heimatar Services Conglomerate
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Posted - 2007.12.06 16:29:00 -
[107]
Originally by: FHPhantom
Originally by: FHPhantom Edited by: FHPhantom on 06/12/2007 16:23:14 Edited by: FHPhantom on 06/12/2007 16:22:39
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.
thats why from reuters to every loacal media org have been contacted. No they cant sweep it away now or ban us paid players for speaking truth this will only aid our defense of this invasion of privacy. and destruction of our pc's and lost data pictures that will never be replaced.
same aholes like u said the holocost never exisited. I'm serious as a heart attack we will get answers and have the authorties investigate to see if anything else was compromised.
no go do your homework noob. Don't assume every player here is a snot nosed kid.
lmao trolling yourself is rarely effective, 1/10 
Originally by: Cecil Montague They should change that warning on entering low sec to:
"Go read Crime and Punishment for a few days then come back."
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FHPhantom
Caldari State War Academy
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Posted - 2007.12.06 16:30:00 -
[108]
Originally by: Apocryphai
Originally by: FHPhantom thats why from reuters to every loacal media org have been contacted. No they cant sweep it away now or ban us paid players for speaking truth this will only aid our defense of this invasion of privacy. and destruction of our pc's and lost data pictures that will never be replaced.
ROFL do tell us what Reuters and "every loacal media org" said in reply to you! Can't wait to see this in the newspapers... oh wait, they'll just laugh at you.
not to me ahole im not powerfull enough to some of my freinds you wont be privy to the text.
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Rells
Caldari Agony Unleashed Agony Empire
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Posted - 2007.12.06 16:30:00 -
[109]
Edited by: Rells on 06/12/2007 16:34:47 Edited by: Rells on 06/12/2007 16:32:36 Ridiculous. If this was possible Microsoft would have been out of business long ago. People are just posturing to prove that Internet Anonymity makes some people complete morons. Not only would you have to prove that you lost something, which they could torpedo easily with the fix procedures, you would have to prove that they did it through gross negligence rather than the more likely scenario that a typo such as './' should have been used rather than '/'. Numerous superior courts in the EU and USA have concluded that software bugs that are correctible without loss can not be considered grounds for damages.
Originally by: FHPhantom
Originally by: Apocryphai
Originally by: FHPhantom thats why from reuters to every loacal media org have been contacted. No they cant sweep it away now or ban us paid players for speaking truth this will only aid our defense of this invasion of privacy. and destruction of our pc's and lost data pictures that will never be replaced.
ROFL do tell us what Reuters and "every loacal media org" said in reply to you! Can't wait to see this in the newspapers... oh wait, they'll just laugh at you.
not to me ahole im not powerfull enough to some of my freinds you wont be privy to the text.
Get off the computer and go back to primary school before your parents catch you. Your statements are so far off reality that you are just making a fool of yourself.
Four years is long enough to leave the corp interface broken! |

Tiberious Marz
Industrial Services INC
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Posted - 2007.12.06 16:32:00 -
[110]
So are we getting a christmas gift this year?
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Agguire
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Posted - 2007.12.06 16:34:00 -
[111]
Couple years ago Shadowbane had a patch that did a similar thing to PC's. Not sure on the scale.
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Kharadran Sullath
Caldari Digital Fury Corporation Digital Renegades
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Posted - 2007.12.06 16:34:00 -
[112]
*It's the end of the wo-orld as-we-know-it! It's the end of the wo-orld as-we-know-i-it!* ------
Originally by: Graveyard Tan I call bull**** and troll. If you are deaf, how are you even able to read this or type replies?
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Valan
The Fated Interstellar Alcohol Conglomerate
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Posted - 2007.12.06 16:35:00 -
[113]
I have a solution.
Give out free play time just as a good will gesture. Take a canvas of all unhappy people who want to sue and compensate them for time their computer was offline. Then delete their characters and ban the IPs.
This will sa***uard from non-technical people suing them in the future.
I laugh at people who think media organisations care about a handful of nerds struggling to connect to a game. It'll make the gaming sites. Can't see the BBC running it as a serious story.
/start sig I love old characters that post 'I've beeen playing the game four years' when I know their account has been sold on. /end sig |

Tyralon
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Posted - 2007.12.06 16:35:00 -
[114]
It's obviously unfortunate that some people have lost files and money because of the patch, but people should think carefully about it before suing.
If CCP was made bankrupt because of legal action and we all lost Eve it would be an even greater tragedy. I doubt there are many Eve users who lost enough due to the patch to want this to happen.
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FHPhantom
Caldari State War Academy
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Posted - 2007.12.06 16:36:00 -
[115]
Originally by: Rells Ridiculous. If this was possible Microsoft would have been out of business long ago. People are just posturing to prove that Internet Anonymity makes some people complete morons. Not only would you have to prove that you lost something, which they could torpedo easily with the fix procedures, you would have to prove that they did it through gross negligence rather than the more likely scenario that a typo such as './' should have been used rather than '/'. Numerous superior courts in the EU have concluded that software bugs that are correctible without loss can not be considered grounds for damages.
no one is pointing fingers. Ask yourself this is you employ a bus driver and he comes to work and crashes the bus and kills everyone who is responsable.
you make ccp proud you loyal as can be, yet u pay them. Your a bastian of CCP's integrity. Youralso not thinking this hurt alot of players we pay just as you. And why is that so hard for u to understand. So next time you goto the store and buy something tell them to break first before they give it to you and say nothing.
The ginger magician scandel, to the stolen bpu's etc to now, what next ok, can we just know if its safe to play this anymore. a formal investigation is nessasary before we all get fucccccccckeed here.
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Tortun Nahme
Minmatar Heimatar Services Conglomerate
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Posted - 2007.12.06 16:36:00 -
[116]
we should sue the NYT for this! I mean they did an article when the patch was being released but didn't tell us it would be harmfull!
Originally by: Cecil Montague They should change that warning on entering low sec to:
"Go read Crime and Punishment for a few days then come back."
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Nephilyte
|
Posted - 2007.12.06 16:37:00 -
[117]
Originally by: Verone
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. 
Your sig won the argument lock stock and barrel.
NOM NOM NOM NOM NOM...
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FHPhantom
Caldari State War Academy
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Posted - 2007.12.06 16:43:00 -
[118]
Originally by: FHPhantom
Originally by: Rells The burden of gross negligence is quite high and a likely typo would not qualify. This is analogous to a bulb blowing on your car because it was faulty and you knowing that the bulb was blown and having a fix chose not to employ it and got in a car accident.
they paying you to debunk this or not rells. bro dont know you from the man in the moon but if you think this was nothing you have some bad ethics.
or mayby get beat up alott in school. Sorry bro but when im wronged or others I stand up for the truth and fact, not your bs fictional attempt to assighn yourself official CCP debunker, cause you think it will get you respect or a free month play.
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Razer Morphis
Minmatar Sebiestor tribe
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Posted - 2007.12.06 16:44:00 -
[119]
This is an EPIC PR failure, yes.
This is an EPIC programming failure, yes.
Every detail will be swept to under a very deep Icelandic rug. Most likely.
Move along, nothing to see, bite your tongue and proceed... ----------------------
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Tortun Nahme
Minmatar Heimatar Services Conglomerate
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Posted - 2007.12.06 16:44:00 -
[120]
new desktop, thank you crumplecorn, its epic lol
Originally by: Cecil Montague They should change that warning on entering low sec to:
"Go read Crime and Punishment for a few days then come back."
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Nephilyte
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Posted - 2007.12.06 16:45:00 -
[121]
Originally by: Rells
Originally by: Tyralon It's obviously unfortunate that some people have lost files and money because of the patch, but people should think carefully about it before suing.
If CCP was made bankrupt because of legal action and we all lost Eve it would be an even greater tragedy. I doubt there are many Eve users who lost enough due to the patch to want this to happen.
No fear. The case wouldn't even pass the laugh test in court. No one lost data unless they reformatted their system without trying to repair the problem. Furthermore, if they had critical data on the computer they should have backed it up. If some idiot reformatted his drive removing critical data without exploring other alternatives, then he has no case. The burden of gross negligence is quite high and a likely typo would not qualify. This is analogous to a bulb blowing on your car because it was faulty and you knowing that the bulb was blown and having a fix chose not to employ it and got in a car accident.
Anybody who has the technical capability to reformat, reinstall windows, sort out all their drivers, at least to a good enough level that they have internet access and have free availability to whine on internet spaceship forums, should also have the technical capability to find a spare/friends computer, type the error message that originally made them think about reformatting windows in, and find the easy fix.
Ofcourse, these should also be the people that know that they SHOULD have backups of their important files... cough.
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Plutoinum
German Cyberdome Corp Cult of War
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Posted - 2007.12.06 16:45:00 -
[122]
Edited by: Plutoinum on 06/12/2007 16:45:30
Originally by: FHPhantom
The ginger magician scandel, to the stolen bpu's etc to now, what next ok, can we just know if its safe to play this anymore. a formal investigation is nessasary before we all get fucccccccckeed here.
It's almost too late. We are all doomed, we just don't know it yet. Some people are afraid of an asteroid that might hit the earth 2029, but they totally overlook the danger that is CCP. 
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Daedrin Dremora
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Posted - 2007.12.06 16:46:00 -
[123]
Originally by: Crumplecorn
Originally by: FHPhantom Edited by: FHPhantom on 06/12/2007 16:23:14 Edited by: FHPhantom on 06/12/2007 16:22:39
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.
thats why from reuters to every loacal media org have been contacted. No they cant sweep it away now or ban us paid players for speaking truth this will only aid our defense of this invasion of privacy. and destruction of our pc's and lost data pictures that will never be replaced.
Lost data pictures indeed
roflmao
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Rells
Caldari Agony Unleashed Agony Empire
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Posted - 2007.12.06 16:47:00 -
[124]
Originally by: FHPhantom Edited by: FHPhantom on 06/12/2007 16:38:26
Originally by: Rells Ridiculous. If this was possible Microsoft would have been out of business long ago. People are just posturing to prove that Internet Anonymity makes some people complete morons. Not only would you have to prove that you lost something, which they could torpedo easily with the fix procedures, you would have to prove that they did it through gross negligence rather than the more likely scenario that a typo such as './' should have been used rather than '/'. Numerous superior courts in the EU have concluded that software bugs that are correctible without loss can not be considered grounds for damages.
no one is pointing fingers. Ask yourself this is you employ a bus driver and he comes to work and crashes the bus and kills everyone who is responsable.
1) The bus driver is primarily responsible unless the plaintiff can conclusively prove that the company willingly employed someone they knew to have issues driving. 2) Suits such as this are primarily settled out of court not for reasons of liability but publicity. 3) No one was killed. 4) No one was killed. 5) No one was killed. Got that through your head yet? Some people lost a file less than a kilobyte in length which was easily replaceable with 15 min of work. Stop comparing that to someone being killed.
Originally by: FHPhantom you make ccp proud your loyal as can be, yet u pay them. Your a bastian of CCP's integrity. Youralso not thinking this hurt alot of players we pay just as you. And why is that so hard for u to understand. So next time you goto the store and buy something tell them to break first before they give it to you and say nothing.
Because you are a cry baby and potentially an opportunist trying to milk this for all you can from CCP and you are full of it. The fact is that its a minor typo, a minor bug and the patch was pulled INSTANTLY when it was discovered. I play this game because it is fun, and also because I get to shoot idiots like you. CCP will lose my business when playing the game is no longer fun or I can no longer shoot idiots like you, not when they make a simple typo in a bloody installer.
Originally by: FHPhantom The ginger magician scandel, to the stolen bpu's etc to now, what is next ok, can we just know if its safe to play this anymore. a formal investigation is nessasary before we all get fucccccccckeed here. Cause how do we pay, and right now I dont trust my personnal info with them, until something is done to correct theese breeches of integrity.
Then stop playing. Cancel your account and shut up. You have the choice whether to participate in this product or not. It is not an essential service, its not the electricity required for modern living. It is merely a game and if you don't like the company then don't pay them. You have no 'rights' to play the way you want or to get what you want. Its wither CCPs way or you choose another product. I wish you the best of luck finding another MMOG that delivers FREE content patches of this magnitude and never has a bug.
Four years is long enough to leave the corp interface broken! |

FHPhantom
Caldari State War Academy
|
Posted - 2007.12.06 16:49:00 -
[125]
Originally by: FHPhantom
Originally by: FHPhantom
Originally by: Rells The burden of gross negligence is quite high and a likely typo would not qualify. This is analogous to a bulb blowing on your car because it was faulty and you knowing that the bulb was blown and having a fix chose not to employ it and got in a car accident.
they paying you to debunk this or not rells. bro dont know you from the man in the moon but if you think this was nothing you have some bad ethics.
or mayby get beat up alott in school. Sorry bro but when im wronged or others I stand up for the truth and fact, not your bs fictional attempt to assighn yourself official CCP debunker, cause you think it will get you respect or a free month play.
well quote theese as well Mr helper
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Crumplecorn
Gallente Eve Cluster Explorations
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Posted - 2007.12.06 16:50:00 -
[126]
Ok, I've got it, the utimate analogy:
You are on top of a building. Some idiot knocks the ladder over, you have no way down.
Do you: a) Call for help, so someone can put the ladder back for you? b) Jump off the roof and break both your legs, and then try to sue the guy who knocked the ladder for breaking your legs? -
I wish I was a three foot female doll with a watering can and heterochromatic eyes. |

Zenst
Gallente Omniscient Order
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Posted - 2007.12.06 16:51:00 -
[127]
Ok, simple fact that they didn't tell you to run as Administrator might be huge factor here.
Basicly, you have more chance in sueing Microsoft than CCP over this, indeed technicaly CCP have more of a legal right to sue you over this. Welcome to the World of good lawyers and being one of the little people.
But as a rule - backup dont ****up. This education has been brought to you by the letters C and P :).
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Rells
Caldari Agony Unleashed Agony Empire
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Posted - 2007.12.06 16:52:00 -
[128]
Originally by: FHPhantom
Originally by: FHPhantom
Originally by: Rells The burden of gross negligence is quite high and a likely typo would not qualify. This is analogous to a bulb blowing on your car because it was faulty and you knowing that the bulb was blown and having a fix chose not to employ it and got in a car accident.
they paying you to debunk this or not rells. bro dont know you from the man in the moon but if you think this was nothing you have some bad ethics.
or mayby get beat up alott in school. Sorry bro but when im wronged or others I stand up for the truth and fact, not your bs fictional attempt to assighn yourself official CCP debunker, cause you think it will get you respect or a free month play.
All three of my accounts were renewed a month ago for a year. And if you don't know me or my corporation in this game then you are a bloody newbie that doesn't have a clue. As for me getting beat up a lot, my corp is based out of 6nj8-v in venal, you are welcome to come try and beat us up. We need the targets.
I don't have any problem jumping on CCPs case when there is a reason. I have done so many times in the past. What you are doing is spewing legal nonsense that is just laughable in the extreme and making an idiot of yourself. Your uninformed drivel needs to be countered. Anyone having an issue with this problem is welcome to come to our web site (click my sig) and get help from agony pilots.
Four years is long enough to leave the corp interface broken! |

FHPhantom
Caldari State War Academy
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Posted - 2007.12.06 16:53:00 -
[129]
Originally by: Zenst Ok, simple fact that they didn't tell you to run as Administrator might be huge factor here.
Basicly, you have more chance in sueing Microsoft than CCP over this, indeed technicaly CCP have more of a legal right to sue you over this. Welcome to the World of good lawyers and being one of the little people.
But as a rule - backup dont ****up. This education has been brought to you by the letters C and P :).
this drink for a lage galss of STFU has been brought to you free
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FHPhantom
Caldari State War Academy
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Posted - 2007.12.06 16:55:00 -
[130]
Originally by: Rells
Originally by: FHPhantom
Originally by: FHPhantom
Originally by: Rells The burden of gross negligence is quite high and a likely typo would not qualify. This is analogous to a bulb blowing on your car because it was faulty and you knowing that the bulb was blown and having a fix chose not to employ it and got in a car accident.
they paying you to debunk this or not rells. bro dont know you from the man in the moon but if you think this was nothing you have some bad ethics.
or mayby get beat up alott in school. Sorry bro but when im wronged or others I stand up for the truth and fact, not your bs fictional attempt to assighn yourself official CCP debunker, cause you think it will get you respect or a free month play.
All three of my accounts were renewed a month ago for a year. And if you don't know me or my corporation in this game then you are a bloody newbie that doesn't have a clue. As for me getting beat up a lot, my corp is based out of 6nj8-v in venal, you are welcome to come try and beat us up. We need the targets.
I don't have any problem jumping on CCPs case when there is a reason. I have done so many times in the past. What you are doing is spewing legal nonsense that is just laughable in the extreme and making an idiot of yourself. Your uninformed drivel needs to be countered. Anyone having an issue with this problem is welcome to come to our web site (click my sig) and get help from agony pilots.
I have no beef with you bro but this was a disaster this release and i just feel sorry for people that got hurt. btw I'm not a noob, but no I never heard of you.
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Alrione
Amarr Black Lagoon Inc.
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Posted - 2007.12.06 16:55:00 -
[131]
OMG! Nerdrage unleashed. Seriusly guys, any of you tried to look at this from someone elses perspective? OH NOES TEXTFILE WITH 8 LINES OF CODE GOT DELETED!!!11eleventy THIS IS UNRECOVERABLE AND UNFIXABEL AND KILLS ALL MAH DATAZZZ!!!
PS This is a stealth gallente baby blue whine, right?
-------------------------------- :-O Sig got nerfed. Remaking >.< |

LUH 3471
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Posted - 2007.12.06 16:57:00 -
[132]
Edited by: LUH 3471 on 06/12/2007 17:00:40 i want the gallente baby blue colours chaned to pink k thx
also i want to take the chance in this thread to adress another major issue we only have 4 diffrent station interriors and there is no petshop in eve
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FHPhantom
Caldari State War Academy
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Posted - 2007.12.06 16:58:00 -
[133]
Originally by: Alrione OMG! Nerdrage unleashed. Seriusly guys PS This is a stealth gallente baby blue whine, right?
p.s me and rells would fuccccccc***e u up in battle so watch your mouth we arent nerds ok, but we have opionion's just like aholes that you seem similar too. chill let the resonable players speak.
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Gaven Blands
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Posted - 2007.12.06 16:58:00 -
[134]
Well if there is any danger that CCP are going to be giving out compensation, either in the form of isk, sp, or GTC, then I would like to state at this time, that all 3 of my PC's have been killed by this bug, and that the mental anguish it causes me has lead to a breakdown of my family unit. My kids have been taken into care, the wife left me for a hot young Vista user toyboy, I've lost my job, and even my dog has walked out on me.
I couldn't possibly hope to get my life back on track without say oooh, 90 days GTC for free, you know where to send it. Cheers love...
If there is no danger of CCP giving out compensation, I would like to state at this time, that YOU are NOOB for installing it. Fancy getting released software the moment it is released, do you get iPods on the day of release, or iPhones? No of course not, they will be riddled with bugs. And centipedes. And jeeeesus, don't you keep a backup of your WHOLE machine, up to date, for when this sort of thing happens? omfg, you are SUCH a loser. I'm much better than you. Which isn't that hard. Because you are not very good at all. If you were as smart and uber as me, your boot.ini would have survived in low sec just fine. Go Back To WOW.
My actual opinion is located somewhere in between those two. Roughly in the middle. --
Awwwww Diddums! Did I wardec your highsec alt recently or something? |

Rells
Caldari Agony Unleashed Agony Empire
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Posted - 2007.12.06 17:01:00 -
[135]
Edited by: Rells on 06/12/2007 17:02:30
Originally by: FHPhantom I have no beef with you bro but this was a disaster this release and i just feel sorry for people that got hurt. btw I'm not a noob, but no I never heard of you.
Sympathy for those with problems is fine and laudable. The solution to that should be to take action to help them as we have done, not come spew legal nonsense on the Eve-O forums. Participation in this product is a choice and you have to make that choice for yourself. However, unless you know the relevant laws (I do) then just shut up about lawsuits and so on.
As for Agony, we have been one of the most famous organizations in the game for a while, in the alliance tournament, advertised in EON, was profiled in the last EON and have been training newer players to PVP for nearly two years. If you haven't heard of us, you need to get out more.
Originally by: FHPhantom
Originally by: Alrione OMG! Nerdrage unleashed. Seriusly guys PS This is a stealth gallente baby blue whine, right?
p.s me and rells would fuccccccc***e u up in battle so watch your mouth we arent nerds ok, but we have opionion's just like aholes that you seem similar too. chill let the resonable players speak.
Don't try and speak for me young one. Especially about PvP which you clearly see as a contest of measuring body parts. Speak for yourself if you wish but you require permission from others to speak for them.
Four years is long enough to leave the corp interface broken! |

FHPhantom
Caldari State War Academy
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Posted - 2007.12.06 17:04:00 -
[136]
Originally by: Rells
If you haven't heard of us, you need to get out more.
Not a question of getting out bro but why get trained when your a master of the game already, on that I go play fifa 08
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Alrione
Amarr Black Lagoon Inc.
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Posted - 2007.12.06 17:05:00 -
[137]
Originally by: FHPhantom p.s me and rells would fuccccccc***e u up in battle so watch your mouth we arent nerds ok, but we have opionion's just like aholes that you seem similar too. chill let the resonable players speak.
So incredibly mature and intelligent part of EVE playerbase strugled at fixing probably one of the simpliest issues?
Oh and yes im an ahole, unlike you I refrain from bashing CCP left and right and just use my head if something goes wqrong with my pc. -------------------------------- :-O Sig got nerfed. Remaking >.< |

Daedrin Dremora
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Posted - 2007.12.06 17:07:00 -
[138]
Originally by: FHPhantom
Originally by: Rells
If you haven't heard of us, you need to get out more.
Not a question of getting out bro but why get trained when your a master of the game already, on that I go play fifa 08
You're already playing FIFA- "Frequently ignorant forum ass"
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Rells
Caldari Agony Unleashed Agony Empire
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Posted - 2007.12.06 17:08:00 -
[139]
Originally by: FHPhantom
Originally by: Rells
If you haven't heard of us, you need to get out more.
Not a question of getting out bro but why get trained when your a master of the game already, on that I go play fifa 08
  There is only one thing you are a master of and its not this game. I suspect your mastery has something to do with preparing a line for fishing. (he wont get the joke)
Hell, Im not sure Im a master of it and I have been playing for four years on 3 different main characters and god knows how many alts. People get trained because Eve PvP is hard. You go back to Fifa 08. Thats shallow enough to be about the right speed for ya. If it gives you more pleasure then for god's sake go back and stop spewing nonsense here.
Four years is long enough to leave the corp interface broken! |

Daedrin Dremora
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Posted - 2007.12.06 17:10:00 -
[140]
Originally by: Rells
Originally by: FHPhantom
Originally by: Rells
If you haven't heard of us, you need to get out more.
Not a question of getting out bro but why get trained when your a master of the game already, on that I go play fifa 08
  There is only one thing you are a master of and its not this game. I suspect your mastery has something to do with preparing a line for fishing. (he wont get the joke)
Hell, Im not sure Im a master of it and I have been playing for four years on 3 different main characters and god knows how many alts. People get trained because Eve PvP is hard. You go back to Fifa 08. Thats shallow enough to be about the right speed for ya. If it gives you more pleasure then for god's sake go back and stop spewing nonsense here.
I bait fishing poles well, too.
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Tortun Nahme
Minmatar Heimatar Services Conglomerate
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Posted - 2007.12.06 17:17:00 -
[141]
Originally by: Daedrin Dremora
Originally by: FHPhantom
Originally by: Rells
If you haven't heard of us, you need to get out more.
Not a question of getting out bro but why get trained when your a master of the game already, on that I go play fifa 08
You're already playing FIFA- "Frequently ignorant forum ass"
Can I have your babies? If they have 1/10th your win they will rule the world 
Originally by: Cecil Montague They should change that warning on entering low sec to:
"Go read Crime and Punishment for a few days then come back."
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Plutoinum
German Cyberdome Corp Cult of War
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Posted - 2007.12.06 17:33:00 -
[142]
Edited by: Plutoinum on 06/12/2007 17:33:29 If anything, this reminds us to have the windows cd or a recovery disk close, make backups of important data and that we shouldn't execute anything with administrator/root privileges, if we are not prepaired to deal with it, in case something goes wrong.
Although CCP has screwed up, I think they are probably safe via the EULA. I mean, if the OS istself is buggy, M$ isn't liable either. There is no bug-free complex piece of software anyway, so you always need to be prepaired that something goes wrong.
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Troye
Gallente Strix Armaments and Defence
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Posted - 2007.12.06 17:37:00 -
[143]
I am proper ****ed off about this but I don't want anyone to get fired or CCP to face legal allegations.
This shouldnt have happened but despite that I have alot of respect for the Devs and the unique game they've made, I almost feel sorry for them right now. _______________________________________________
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Gabriel Karade
Nulli-Secundus
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Posted - 2007.12.06 17:40:00 -
[144]
Originally by: Doctor Fruitloop 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.
They didn't 'bugger' any equipment; It was a single file that's easily replaced.
As for data 'loss' it's only lost if you panic and go and nuke your HDD, but then that's your own stupidity and nothing to do with CCP, plus, if you do keep important documents, you should always always backup; HDD failure with total destruction of the data is always a possibility (some of these university kids complaining about 'lost projects' would have that drilled into them in introductory sessions about university IT services, but obviously pay no heed ).
Big ball up yes, but you can see how it would have slipped through QA (I mean it was a single '\' ), just waiting to see what the head cheese has to say about it all...
----------
Video - 'War-Machine' |

Gabriel Karade
Nulli-Secundus
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Posted - 2007.12.06 17:46:00 -
[145]
Originally by: Crumplecorn
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.
No, people whining about how they lost files or have to 'have their computer repaired' should be disallowed use of any electronic devices for the rest of their lifetimes.
Computers should have the right to take out a restraining order against these people.
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Video - 'War-Machine' |

brinelan
Caldari Victory Not Vengeance Intrepid Crossing
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Posted - 2007.12.06 17:52:00 -
[146]
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.
OP, there have been worse.... Try weeks of not being able to play or even log in, server down etc.. --------------------------
Some days you're the bug, some days you're the windshield |

Semkhet
KR0M The Red Skull
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Posted - 2007.12.06 17:55:00 -
[147]
Originally by: Rells Lot of stuff where you are sure about everything yet you can't document anything...
Maybe you should check the DRM case against Sony to start with so you might get a tiny weeny clue. In their case, they did not even harm the computers directly, but rather increased their potential vulnerability to hypothetic attacks.
I don't doubt a second that CCP could be sued, since anyone with money can sue anybody. The receivability of the case is a complete different matter and the outcome rather uncertain.
I personally hope that CCP will not be sued for this. I am not excusing them, since the most trivial QA should have detected this problem. We are not talking about a coding error in some obscure routine but about deleting a boot-critical file.
However, CCP is a start-up venture, and as such, they try to do as much they can with the money they have. They aren't EA or MS, and we are all humans. Frankly, if CCP wants to maintain a minimal image of decency, I don't see how they could continue to use the services of the individual whose lack of focus led to such monumental screw-up.
So there's been enough tragedy perceived on both sides, justified or not. Let's all get over this, tomorrow will be a new day.
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Buyerr
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Posted - 2007.12.06 17:56:00 -
[148]
Originally by: Riho 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
actually that is not entirely correct, since you cannot make a program that crashes people's computers without any obligations just because they said yes to it, since that was not the intention of the program.
as far as for suing them, FFS pull your head out of your ass, they are actually trying to help and entertain you and you want to sue them?! talk about biting the hand that feeds you .... idiots...
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Kristoffer
Amarr Blackguard Brigade
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Posted - 2007.12.06 18:43:00 -
[149]
Anyone who wants to sue CCP over this is an idiot. Anyone who installed premium without waiting for scapegoats crashing on it first is an idiot also.
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ChimeraRouge
Caldari Eve University Ivy League
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Posted - 2007.12.06 18:48:00 -
[150]
Can a Mod please lock this thread?
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J Two
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Posted - 2007.12.06 18:56:00 -
[151]
the boot.ini thing sucked, but its a really easy fix, any1 super ****ed about it should brush up on there computer skills. Class action lawsuit lmao, do u know how many nerds say that on every gaming forum on the internet, if your so ****ed quit and stop giving them your money.
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Princess Jodi
Vendetta Underground Rule of Three
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Posted - 2007.12.06 20:12:00 -
[152]
Originally by: Riho
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.
Riho, I gotta ask this: Should you disagree with anything written in the EULA, the only thing you can do is choose not to install the product. Its not like you can negoatiate different terms.
I'd honestly like to know if ANYONE has ever chosen to not install a product after reading the EULA.
So from a practical perspective, just click OK and get on with it. As mentioned, even very tightly written documents can get overturned, or seemingly obvious issues be discarged as irrelevant. EULA is simply another way of keeping Lawyers off the streets. Overall, it means nothing.
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