Tag Ibby
Minmatar
Counter-Addiction Industries
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Posted - 2008.10.14 15:38:00 -
[1]
Serious Question CCP.
Did you talk to a lawyer before doing this?
As a Law student myself, I decided to ask some professors and lawyers who I work for about the obligations you may be responsible for.
You are a provider of a good or service ( though some would say your service is laughable at best) and subject to the UCC (Uniform Comercial Code) in the United States as you do significant business here.
You have a boiler plate terms of service agreement that has no way to be shown to have actually been read and thus highly unlikely to be upheld under court scrutiney ( there are numerous cases on record for this, mostly with computer programs, cell phones and insurance companies being sued.)
Perhaps most significantly you ran a promotion encouraging the purchase of second accounts. I dont have the numbers as to how many people took advantage of this offer, but those who did so , did so based on the current rules and features of your player guide. Many of those who took advantage of your offer did so with the knowledge that it was perfectly legal and in fact a feature of your palyer guide that they could ghost train one of the accounts when the time came.
and now you have modified the product you previously sold. Seems very much like a bad faith act.
I think that those who did the power of two offer should seek to be refunded and under the UCC, CCP would have to comply.
for the rest of us who didnt take advantage of the POT option, CCP should consider that this change should be made for each person at the time of the expiration of their account. otherwise we are paying for a service that was not agreed to, and again the boiler plate Terms of Service Agreement you have to click "I agree" on before you play is all CCP has to stand on to defend itself from breach of contract. and as ive stated before, in a case where we payed for the game before the terms of service are signed off on. The terms of service are shaky at best when viewed in court.
anyway, I think if CCP is being honest and this is truly a server load issue, they should have thought their options through a bit better
and for those that dont understeld jurisdictional law. CCP can be hled responsible in US even though they are an Icelandic country because the goods and service they provide make contact with so many american jurisdictions.
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