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Class action suit on CCP

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Author	Thread Statistics \| Show CCP posts - 0 post(s)
Vagablonde Ivy League	Posted - 2007.12.10 11:39:00 - [91] Originally by: Forando Edited by: Forando on 10/12/2007 11:26:09 http://objection.mrdictionary.net/go.php?n=2339315 Objection...Tango? /dances ________________ the way back home is always long, but if you're close to me i'm holding on.
Sister Impotentata Elite Angels Of Death	Posted - 2007.12.10 11:42:00 - [92] Originally by: Obsequious Woe Originally by: Sister Impotentata I want a shiny new exhaust for my Fiat. the same computer you use to make money with, for recreation as well. Your problem is right there ... you drive a Fiat. OW Let me be perfectly clear on this. NO. I chose a Fiat for this analogy because it is the most messed up car out there. ----- TANSTAAFL Originally by: Psycho John Petrucci If there's any point where you feel it's too difficult, then just stop. Because you just, you don't have it, you're just not good.
Flashheart Caldari Dangermouse Inc.	Posted - 2007.12.10 11:42:00 - [93] Edited by: Flashheart on 10/12/2007 11:43:21 Originally by: Illyrinia you clicked i accept, that is a binding legal electronic agreement between you and CCP, same as you pressing accept on the flashy new credit card you accepted via the internet. dont forget to pay that bill... You're wrong on so many levels...
Apocryphai Caldari	Posted - 2007.12.10 11:44:00 - [94] Originally by: Sister Impotentata Let me be perfectly clear on this. NO. I chose a Fiat for this analogy because it is the most messed up car out there. I name my shuttles "Fiat Punto", "Ford Fiesta", "Robin Reliant" and "Audi TT" (I don't have a very high opinion of Audi TT's before anyone baulks at the comparison). ________________________________________________________________ Originally by: Victor Valka What the skull-chick said.
Caldari Cylon Marines Of A New Dawn	Posted - 2007.12.10 11:45:00 - [95] Originally by: Clevermonkey Originally by: Crumplecorn This one time, at band camp, the power went out, and I tried to walk downstairs in the dark, and fell and broke my arm, and sued the power company for compensation. You are also a moron. this is not about accidental falling. It is about deliberate deletion of a file that does not or has been licensed by CCP which would be the BOOT.INI file. By law they are not allowed to modify it without a license from Microsoft. Hey Sparky I'm going to sue you for wasting my bandwidth. A Game file was called boot.ini and windows deleted when it was told to by the installer. Was Just a small oversight of a file name now hush up and put away that book "internet lawyers for dummies" ===================================== Option A: You talk, we listen, no pain. Option B: You don't talk, I remove your thumbs with my pliers, it will hurt.
Phaedriel	Posted - 2007.12.10 11:45:00 - [96] I gave in reading, no-one's going to do anything and I'd be very surprised if anyone with the power to would rule against CCP for this error they did everything possible to handle once it came to light. I wager there are now more stringent methods for testing patches, it won't happen again, lets just all get on with it.... This thread needs lolcats, please, stop talking legal and *****ing at each other, go find funny cats and share them!
DALE0404 Blue Star Brotherhood A.F.K	Posted - 2007.12.10 11:47:00 - [97] Originally by: Clevermonkey here is some legal mumbo jumbo. CCP holds an office in Georgia which is in the United States. Therefore they are actionable for a class action suit to all players who have attained losses due to the BOOTINI incident. CCP's EULA does not cover windows operating systems and therefore they are again actionable for loses. CCP's EULA is very thorough, however they do not control licences for Microsoft and cannot deploy a EULA under those circumstances. Remember this. If you bring suit against CCP you will have to forfeit your term of use. You will never be able to register another CCP game again. you will have to quit your current subscription. After ten years of litigation you will get close to nothing. CCP wins. It is the Law. Get a ficking life. Jeez! A.F.K Alliance
SirFett	Posted - 2007.12.10 11:49:00 - [98] Originally by: Major Death Edited by: Major Death on 10/12/2007 10:21:30 Its CCPs fault. They didn't test the update properly, and as a result it caused dammage to customers PC's. As for the EULA claims, local law will over rule the EULA as when it sees fit. However CCP are an Icelandic company, so any action would really need to be taken in Iceland, where trial by combat is still legal... I herby challenge CCP to trial by combat and awayt the nomination of their Champion! kitty will fix it incidentialy from the description of the, lets call it bug, if you lost your boot.ini you had "professional" help installing that thing already anyways....
Kritch Astro Dogs Metastar Syndicate	Posted - 2007.12.10 11:50:00 - [99] Glad we've not so lost in the mindless compensation culture in the UK as some people seemingly are in the US. -------------------------------------------------------------------------- Only thing more dull than mining Ice is hauling it
Fetar	Posted - 2007.12.10 11:55:00 - [100] Edited by: Fetar on 10/12/2007 11:57:34 Edited by: Fetar on 10/12/2007 11:55:42 Ok, boys and girls, here how it works in the real world. I am a claims adjuster in real life and I see Lawsuits all the time. If a class action lawsuit is brought forward, the insurance company & the courts are only allowed to give you what you have lost. It's called indemnification. Yeah, look that word up. You may have lost a hour or two if you rebooted & repaired your own computer. You may have lost a average of $75 if you had some computer repair service come out and help you fix this. So you pay some lawyers thousands of dollars to drag this thing in court, which will probably last a few years and lawyers fees are not cheap. Is it really worth it? No. Cause you probably loose money paying the damn lawyers. Even if you get the courts to make CCP & their insurance company pay for the lawyers, where does that get you? Nowhere. You'll probably get $100 for each person involved in the suit and can't play Eve or any other other game CCP & it's subsidiaries make. You have fun with that.

Isan Danderoda Strix Armaments and Defence Acheron Federation	Posted - 2007.12.10 11:57:00 - [101] Originally by: Kritch Glad we've not so lost in the mindless compensation culture in the UK as some people seemingly are in the US. Let's face it. A lot of the kids who play the game are always looking for a quick and easy buck. At the end of the day Microsoft did a lot more damage to my operating system with some of the patches they've released in the past six months than Eve has with the boot.ini issue. With Eve I had to create a new text file, big freaking deal!
Magazaki	Posted - 2007.12.10 12:07:00 - [102] What a load of bull... In order to get MONEY from a lawsuit, you need to prove DAMAGE. Facts: Patch deletes boot.ini. CCP is liable for the deletion of boot.ini. In order to get money, you need to quantify what kind of "damage" this is. Scenarios: Idiot 1: A user formats his harddrive -> The user is an idiot and responsible for his action. CCP would pay nothing, zilch, nada, because a technician would just replace boot.ini. Idiot 2: A user brings a technician to fix his PC, who reformats the hard drive -> The technician is liable for the loss of data (he didn't even back them up) and can be sued because he did not show "due diligence" and caused unnecessary damage Normal 1: A user brings a technician to fix his PC, who charges $100 for the repair of boot.ini -> CCP must pay the $100 for the fix. They could probably be liable to pay the users denial of service of the PC, which may be a few hour's wages on top. Normal 2: A user fixes the PC himself -> Apart from being an idiot trying to sue, I would very much like to see him prove how much his work costed. CCP did not delete any personal files, and the files of an unbootable hard disk are in no means unretrievable. Deleting them is your own idiocy. -----sig----- Originally by: Kaemonn:Signature Originally by: kieron: off duty You dont have to swallow! Win...
Gealbhan Caldari The SAS The Kano Organisation	Posted - 2007.12.10 12:09:00 - [103] Eve Online EULA: 15. INDEMNITY You shall defend, indemnify and hold harmless CCP and its affiliates, licensors and suppliers, and their respective employees, contractors, officers and directors, from any and all claims, loss, damages and demands, including reasonable attorneys' fees, arising out of: (i) your use or misuse of the Software; (ii) your access to the System; (iii) any activities conducted through your Account (whether by you or another person); and (iv) your playing of the Game. "Concentrate all your fire on one target, when it is destroyed, move on to the next. That is how you secure victory". - Tactica Imperium.
LittleTerror Caldari Beer and Kebabs The Church.	Posted - 2007.12.10 12:10:00 - [104] Edited by: LittleTerror on 10/12/2007 12:10:00 Originally by: Clevermonkey here is some legal mumbo jumbo. CCP holds an office in Georgia which is in the United States. Therefore they are actionable for a class action suit to all players who have attained losses due to the BOOTINI incident. CCP's EULA does not cover windows operating systems and therefore they are again actionable for loses. CCP's EULA is very thorough, however they do not control licences for Microsoft and cannot deploy a EULA under those circumstances. Remember this. If you bring suit against CCP you will have to forfeit your term of use. You will never be able to register another CCP game again. you will have to quit your current subscription. After ten years of litigation you will get close to nothing. CCP wins. It is the Law. Maybe CCP should also sue you for spamming thier forums with stupid **** aye.
Amarria Black Clan Anthraxx	Posted - 2007.12.10 12:11:00 - [105] Originally by: Gealbhan Eve Online EULA: 15. INDEMNITY You shall defend, indemnify and hold harmless CCP and its affiliates, licensors and suppliers, and their respective employees, contractors, officers and directors, from any and all claims, loss, damages and demands, including reasonable attorneys' fees, arising out of: (i) your use or misuse of the Software; (ii) your access to the System; (iii) any activities conducted through your Account (whether by you or another person); and (iv) your playing of the Game. Fun fact: In most US courtrooms, an EULA is worth less than the paper it's written on. Suing CCP? Still dumb.
Chrysalis D'lilth	Posted - 2007.12.10 12:15:00 - [106] Well, CCP are possibly through what they produced guilty of negligence and though not their intent, effectively their patch acted as a very old virus in that it made your OS unusable until repaired. I'm pretty sure that damaging a customers computer in such a way under the pretence of a 'patch' to 'improve performance' is not really a great defense. If that was found to be the case by a magistrate or judge, then the EULA won't be any ground. Contracts have no legal power if they are found to be unfair or in violation of a consumers rights. Having said that, you'd have to feel pretty out of pocket to take up such a case (though such cases aren't unheard of), because even if you do win, its not like your going to win $100,000's of dollars, as the posted said above, you will win back what you have lost - which is at the most likely to be costs of your computing being repaired.
Xalorous Absolutely No Retreat	Posted - 2007.12.10 12:15:00 - [107] Edited by: Xalorous on 10/12/2007 12:15:30 Originally by: Zeonos maybe you dont know anything about the law?.. read what i wrote again, none of my options was to format, it was never needed. if you lost something, it was your own fault, not ccp, there where many ways to fix the problem, without losing any data. 1. CCP has no business messing around with your boot.ini file. That is an OS file. It was foolish and unprofessional of them to do it even by accident. Yet they acted responsibly when they noticed the problem. 2. boot.ini is a text file, can be replaced by booting to any bootable device, and XP will often boot without it. I know this. I'm also a highly experienced computer tech, do it for a living. However, not everyone is. I feel bad for anyone who reloaded windows for this issue, but not too bad since they would have gotten advice against it, had they gotten advice. Xalorous --- I hold no position of authority. All comments are my own, and I take sole responsibility for them.
Neon Genesis The Landed Gentry	Posted - 2007.12.10 12:16:00 - [108] Get out. _
Omega Man The Geddy Foundation	Posted - 2007.12.10 12:18:00 - [109] Originally by: Amarria Black Originally by: Gealbhan Eve Online EULA: 15. INDEMNITY You shall defend, indemnify and hold harmless CCP and its affiliates, licensors and suppliers, and their respective employees, contractors, officers and directors, from any and all claims, loss, damages and demands, including reasonable attorneys' fees, arising out of: (i) your use or misuse of the Software; (ii) your access to the System; (iii) any activities conducted through your Account (whether by you or another person); and (iv) your playing of the Game. Fun fact: In most US courtrooms, an EULA is worth less than the paper it's written on. Suing CCP? Still dumb. i dont know, try it and let us know how it goes in a few years time. - - Happy user of CAOD troll cleaner http://oldforums.eveonline.com/?a=topic&threadID=584345
An Anarchyyt Gallente Sublime.	Posted - 2007.12.10 12:19:00 - [110] Can I also sue Microsoft for gross negligance for allowing a third party program to just up and delete the boot.ini? Originally by: CCP Wrangler Second, a gentile is a non jewish person

Chrysalis D'lilth	Posted - 2007.12.10 12:21:00 - [111] No.
An Anarchyyt Gallente Sublime.	Posted - 2007.12.10 12:27:00 - [112] Originally by: Chrysalis D'lilth No. Bill Gates alt alert! Originally by: CCP Wrangler Second, a gentile is a non jewish person
Jhaelian	Posted - 2007.12.10 12:27:00 - [113] Originally by: Clevermonkey Edited by: Clevermonkey on 10/12/2007 10:32:54 Originally by: Grimm Myn Originally by: Clevermonkey It is easy for you to sit there like THE VEIN, SELF CENTERED, AHOLE YOU ARE because you were not effected by this. There are some really angry people out there. I suspect if you were really effected by this calamity you would be talking a different game. I can tell because you only like to hear yourself talk and you don't listen because you are a FING MN. So FY* and the horse you rode in on. ROFL @ You. The IQ of this thread just dropped below subzero conditions. You know mate, you're right, this didnt happen to me, if it did, i would have quickly read the forums/google it/see the bloody warning messages, fix it and keep on gaming instead of ****ing about how unfair the whole world is and how i want to sue a company because it mistakenly deleted a file which shouldnt have been deleted. Gets on his nber-high-horse, pats "Clever"monkey on the head, gives him the /wrist command and rides into the sunset* B4\|\|0cks you would have cried to your MOMMY, and ran of to the pub to complain that your system went down. Don't lie to me. you attitude proves it. you lack adaptability. I object.
Yorick Downe Caldari Agony Unleashed Agony Empire	Posted - 2007.12.10 12:31:00 - [114] Originally by: Clevermonkey Again. You know little about the law. You are a moron. This, actually, is a well-formed legal argument, for those unfamiliar with TV court drama shows. Originally by: Clevermonkey People lost everything. Everything. As in their house, their car, their savings account, their wife, their dog, and even their favorite Barry Manilov CD. Having to wait two business days for the technician to come out and redo the boot.ini ruined not only their business, but their "business partners" got upset, and to pay for the plastic surgery and new identity to evade said "business partners" is what ate up the rest of their assets (house, car, savings account) - and lost them the wife, who took the Barry Manilov CD. The dog just didn't recognize them any more after the surgery and started growling and barking. It is tragic, I tell you.
Jin Gle	Posted - 2007.12.10 12:34:00 - [115] "oh no my computer went down! lets find another computer so I can whine about the first one!" I don't think you're a clever monkey at all
Erotic Irony 0bsession	Posted - 2007.12.10 12:36:00 - [116] anyone used the phoenix wright image macro yet ___ Eve Players are not very smart. Support Killmail Overhaul
Kimiko Kurosawa The Krugerrand Groupies	Posted - 2007.12.10 12:43:00 - [117] Bring back the Monkey man! This thread isn't the same without his textual faecal flinging!
feiht'd'ero	Posted - 2007.12.10 12:43:00 - [118] Originally by: Clevermonkey Originally by: Crumplecorn This one time, at band camp, the power went out, and I tried to walk downstairs in the dark, and fell and broke my arm, and sued the power company for compensation. You are also a moron. this is not about accidental falling. It is about deliberate deletion of a file that does not or has been licensed by CCP which would be the BOOT.INI file. By law they are not allowed to modify it without a license from Microsoft. yyyyeeessssss well can you prove CCP done this by accident or done it deliberatley ?
Malcanis High4Life SMASH Alliance	Posted - 2007.12.10 12:43:00 - [119] Originally by: Clevermonkey Originally by: Zeonos and what harm did it do?, nobody lost anything. you could just insert your original cd, or a bootdisk, a live cd with linux, or repair windows. and its not like they didnt warn people as soon as they saw the problem.. if you lost some work, you only have your self to blame. Again. You know little about the law. You are a moron. People lost everything. Everything. If one person had to reformat their drive then CCP is ACTIONABLE. however, it is AGAIN useless as I posted originally. the law is in their favor. Hmmm, I lost my boot.ini too. I killed several family members, but that didn't work either, and I had to slaughter a few strangers as well. CCP ARE MURDERERS! CONCORD provide consequences, not safety; only you can do that.
Anglo Minmatar Astral Mexicans	Posted - 2007.12.10 12:46:00 - [120] omfg is all i really say..law suits ??? are u LAME ??? ohh then again yes... the us president is bush..what else to suspet..



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