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What the EULA actually says about harassment and banning etc.

Author
Wukulo
Brutor Tribe
Minmatar Republic
#1 - 2012-03-29 08:29:11 UTC
http://community.eveonline.com/pnp/eula.asp Source, cited.

All I did was go there and used my browser to search for the string "harass" Then I backed up to the top and started reading.


You may encounter and converse with people who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language while playing the Game. You may report any instances of such behavior to CCP. CCP will investigate and take such measures as CCP, in its sole judgment, determines are reasonable under the circumstances. CCP does not guarantee that you will not encounter behavior of others that you may view as insulting, demeaning, offensive, threatening or harassing. You assume all risk associated with playing the Game, and CCP assumes no responsibility for the conduct of any other players, and shall not be liable to you or any other person for their conduct.

So the big thing that's here that may be valid is this bit:

You may report any instances of such behavior to CCP. CCP will investigate and take such measures as CCP, in its sole judgment, determines are reasonable under the circumstances. CCP does not guarantee that you will not encounter behavior of others that you may view as insulting, demeaning, offensive, threatening or harassing.


This gives them a lot of flexibility but the thing is. The scope of the EULA doesn't extend outside the game.

As you can see at the top. Where it clearly outlines what it covers.

This End User License Agreement ("EULA") describes the terms and conditions under which you may (i) install and use the Software; and (ii) subscribe to, access and use EVE online. CCP may amend this EULA from time to time by posting an amended version at http://www.eveonline.com/pnp/eula.asp. If you accept this EULA, the then-current version of this EULA shall apply each time you access the System or play EVE.

This is the section on ban/suspension.

B. By CCP for Breach or Misconduct

i. Suspension of Account
Without limiting CCP's rights or remedies, CCP may immediately, and without notice, discontinue or suspend access to the System through your Account, and any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or credit card number with the discontinued or suspended Account, in the event of (i) a breach of the EULA (including the Rules of Conduct) by you or any user under your Account; or (ii) unauthorized access to the System or use of the Game by you or any user under your Account.

ii. Termination of EULA
CCP may terminate the EULA, close all your Accounts, and cancel all rights granted to you under the EULA if: (i) you fail to pay the subscription fee when due; (ii) CCP is unable to verify or authenticate any information you provide; (iii) you or anyone using any of your Accounts materially breaches the EULA, makes any unauthorized use of the System or Software, or infringes the rights of CCP or any third party; or (iv) CCP becomes aware of game play, chat or player activity under your Account that is, in CCP's discretion, inappropriate or in violation of the Rules of Conduct. Such termination shall be effective upon notice transmitted via electronic mail, or any other means reasonably calculated to reach you.
CCP reserves the right to terminate any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or credit card number with the closed Account. Termination by CCP under this section shall be without prejudice to or waiver of any and all of CCP's other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not receive a refund of prepaid subscription fees for a termination pursuant to this section.


After reading all this I find it really interesting CCP thinks they can ban people for stuff they do at fanfest. Unless there is some other agreement you sign when you goto fanfest or join the CSM it's kind of all here in black and white. Not really ok if their own EULA is conveniently extended as they see fit.

Posted on main because I'm not a coward like the rest of you.

Joseph Sulaco
Ministry of War
Amarr Empire
#2 - 2012-03-29 08:31:38 UTC
CCP can also terminate your account at anytime they see fit for any reason because they own it. Source NOT cited because I'm lazy and watching Anime.
Amarr Citizen 20120329
#3 - 2012-03-29 08:33:22 UTC
Wukulo wrote:
http://community.eveonline.com/pnp/eula.asp Source, cited.

All I did was go there and used my browser to search for the string "harass" Then I backed up to the top and started reading.


You may encounter and converse with people who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language while playing the Game. You may report any instances of such behavior to CCP. CCP will investigate and take such measures as CCP, in its sole judgment, determines are reasonable under the circumstances. CCP does not guarantee that you will not encounter behavior of others that you may view as insulting, demeaning, offensive, threatening or harassing. You assume all risk associated with playing the Game, and CCP assumes no responsibility for the conduct of any other players, and shall not be liable to you or any other person for their conduct.

So the big thing that's here that may be valid is this bit:

You may report any instances of such behavior to CCP. CCP will investigate and take such measures as CCP, in its sole judgment, determines are reasonable under the circumstances. CCP does not guarantee that you will not encounter behavior of others that you may view as insulting, demeaning, offensive, threatening or harassing.


This gives them a lot of flexibility but the thing is. The scope of the EULA doesn't extend outside the game.

As you can see at the top. Where it clearly outlines what it covers.

This End User License Agreement ("EULA") describes the terms and conditions under which you may (i) install and use the Software; and (ii) subscribe to, access and use EVE online. CCP may amend this EULA from time to time by posting an amended version at http://www.eveonline.com/pnp/eula.asp. If you accept this EULA, the then-current version of this EULA shall apply each time you access the System or play EVE.

This is the section on ban/suspension.

B. By CCP for Breach or Misconduct

i. Suspension of Account
Without limiting CCP's rights or remedies, CCP may immediately, and without notice, discontinue or suspend access to the System through your Account, and any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or credit card number with the discontinued or suspended Account, in the event of (i) a breach of the EULA (including the Rules of Conduct) by you or any user under your Account; or (ii) unauthorized access to the System or use of the Game by you or any user under your Account.

ii. Termination of EULA
CCP may terminate the EULA, close all your Accounts, and cancel all rights granted to you under the EULA if: (i) you fail to pay the subscription fee when due; (ii) CCP is unable to verify or authenticate any information you provide; (iii) you or anyone using any of your Accounts materially breaches the EULA, makes any unauthorized use of the System or Software, or infringes the rights of CCP or any third party; or (iv) CCP becomes aware of game play, chat or player activity under your Account that is, in CCP's discretion, inappropriate or in violation of the Rules of Conduct. Such termination shall be effective upon notice transmitted via electronic mail, or any other means reasonably calculated to reach you.
CCP reserves the right to terminate any and all other Accounts that share the name, phone number, e-mail address, internet protocol address or credit card number with the closed Account. Termination by CCP under this section shall be without prejudice to or waiver of any and all of CCP's other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not receive a refund of prepaid subscription fees for a termination pursuant to this section.


After reading all this I find it really interesting CCP thinks they can ban people for stuff they do at fanfest. Unless there is some other agreement you sign when you goto fanfest or join the CSM it's kind of all here in black and white. Not really ok if their own EULA is conveniently extended as they see fit.


you have the biggest man crush on me ever

Dear Goons: I will sell you this character for 50B ISK. EVE mail me if interested.

Btw, I am the Mittardi, not the Mittani

Wukulo
Brutor Tribe
Minmatar Republic
#4 - 2012-03-29 08:34:59 UTC
Joseph Sulaco wrote:
CCP can also terminate your account at anytime they see fit for any reason because they own it. Source NOT cited because I'm lazy and watching Anime.


Yeah people love to say that about EULAs but its not actually true. If they can't show cause and separate you from your purchased license. It's theft. That's why there is a bit at the bottom that talks about court jurisdictions for disputes.

Posted on main because I'm not a coward like the rest of you.

Wukulo
Brutor Tribe
Minmatar Republic
#5 - 2012-03-29 08:36:02 UTC
The Mittardi wrote:


you have the biggest man crush on me ever


Hmmm, you're the one posting in my threads. I think perhaps you may have the crush?

Posted on main because I'm not a coward like the rest of you.

Murrior
Ministry of War
Amarr Empire
#6 - 2012-03-29 08:36:05 UTC
Joseph Sulaco wrote:
CCP can also terminate your account at anytime they see fit for any reason because they own it. Source NOT cited because I'm lazy and watching Anime.


On the other hand the EULA has no legal validity whatsoever whereas the fact that I'm paying for a provided virtual product has. And it is generally known that anyone who has actually acted upon their bans with legal claims in the majority of the cases actually won it.
Jake Warbird
Republic Military School
Minmatar Republic
#7 - 2012-03-29 08:37:20 UTC
******* EULAS how do they work??
Renturu
In Glorium et Decorum
#8 - 2012-03-29 08:40:01 UTC
Its more detailed in the TOS... esp Rules 3 & 4. It will be interesting to see what unfolds when Mittens returns. Almost can't wait.

By the orders of PlunderBunny: ☻/ /▌ / \ This is Bob, post him into your forum sig and help him conquer the forums.

Stanya
Doomheim
#9 - 2012-03-29 08:40:39 UTC
while I think its sad to see Mittens go, take a read of the Terms of Service

Prince Kobol
#10 - 2012-03-29 08:42:07 UTC
Murrior wrote:
Joseph Sulaco wrote:
CCP can also terminate your account at anytime they see fit for any reason because they own it. Source NOT cited because I'm lazy and watching Anime.


On the other hand the EULA has no legal validity whatsoever whereas the fact that I'm paying for a provided virtual product has. And it is generally known that anyone who has actually acted upon their bans with legal claims in the majority of the cases actually won it.


show an example where somebody has been banned from a game, sued and won
Markus Reese
Deep Core Mining Inc.
Caldari State
#11 - 2012-03-29 08:48:31 UTC
Wukulo wrote:
Joseph Sulaco wrote:
CCP can also terminate your account at anytime they see fit for any reason because they own it. Source NOT cited because I'm lazy and watching Anime.


Yeah people love to say that about EULAs but its not actually true. If they can't show cause and separate you from your purchased license. It's theft. That's why there is a bit at the bottom that talks about court jurisdictions for disputes.


Myself, cannot cite it as well, I looked it up at the start of the things. ToS, ToP, EULA. somewhere in there it talks about how the rules apply to eve and eveonline.com. But time to start looking.

Well for starters: http://community.eveonline.com/pnp/terms.asp

25. CCP reserves the right to close, temporarily or permanently, any user’s account without advance notice as we deem necessary. Furthermore, we reserve the right to delete all user accounts or inventory of characters as warranted.


26. We reserve the right to ban any user from the game without refund or compensation.

secondly: http://community.eveonline.com/pnp/termsofuse.asp

We agree to terms of use. Which would include EveTV being part of the website I think? As such, by agreeing to present and be part, it could be argued that you agree to join and follow said site rules which encompass the EULA and ToS

To quote Lfod Shi

The ratting itself is PvE. Getting away with it is PvP.

Judge Solace
Brutor Tribe
Minmatar Republic
#12 - 2012-03-29 08:50:43 UTC
Let Mittens waste his retirement fund on a legal case if he likes, it's his right to use the legal system if he wants. Twisted
Roime
Mea Culpa.
Shadow Cartel
#13 - 2012-03-29 08:51:22 UTC
Quote:
The scope of the EULA doesn't extend outside the game.


Of course it doesn't, but it does extend to these forums and to all CCP-owned media analogous to forums. An event concerning the game, hosted by them, broadcast via stream owned by them is clearly analogous to the forums.

Also the act was encouraging other players to use EVE mail to target a character in game.

tl,dr; You can't harass players on any CCP-provided platform, whether you have the client running or not.




.

Joseph Sulaco
Ministry of War
Amarr Empire
#14 - 2012-03-29 08:52:12 UTC
Wukulo wrote:
Joseph Sulaco wrote:
CCP can also terminate your account at anytime they see fit for any reason because they own it. Source NOT cited because I'm lazy and watching Anime.


Yeah people love to say that about EULAs but its not actually true. If they can't show cause and separate you from your purchased license. It's theft. That's why there is a bit at the bottom that talks about court jurisdictions for disputes.


Wrong Wrong Wrong Wrong, Wrong Wrong Wrong Wrong, You're wrong, You're Wrong, You're Wrong

EULA wrote:

CCP may, in its sole discretion, cease to provide any or all of the services offered in connection with EVE (including access to the System and any or all features or components of the Game), terminate the EULA, close all Accounts and cancel all of the rights granted to you under the EULA.


SCORE 1 for the Imperial Academy alt who knows that this wording means CCP can just terminate your account at any time on
EULA wrote:

its sole discretion


THEN if you are terminated, according to the TOS:
TOS wrote:

SUCH TERMINATION WILL NOT ENTITLE YOU TO A REFUND OF ANY FEES PAID BY YOU FOR THE USE OF THE EVE ONLINE CLIENT, SERVERS OR WEB SITE. YOU WILL FORFEIT ANY UNUSED GAME TIME REMAINING AT THE TIME OF TERMINATION.

Which means they can "separate you from your purchased license" whenever and however they see fit.

AND if all that fails, it's perfectly legal in any country for a business to refuse to do business with you regardless of the EULA or TOS.

Check mate.

Wukulo
Brutor Tribe
Minmatar Republic
#15 - 2012-03-29 08:52:22 UTC
Stanya wrote:
while I think its sad to see Mittens go, take a read of the Terms of Service



Good link

2. You may not use any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language. (Alternate spelling or partial masking of such words will be reprimanded in the same manner as the actual use of such words.)

I'd say that could be applied.

But then there is this:

7. You may not violate any local, state, national or international laws or regulations.

Oh man we are all screwed. IF YOU VIOLATE ANY LAW IN THE WORLD. That's right lady eve players, wear that burka or CCP KSA is going to ban you.

That TOS is so broad and never really specifies the scope of its coverage I still question it's use in this case. Though section 2 is probably the strongest argument.

Posted on main because I'm not a coward like the rest of you.

Wukulo
Brutor Tribe
Minmatar Republic
#16 - 2012-03-29 08:56:21 UTC  |  Edited by: Wukulo
Joseph Sulaco wrote:


Check mate.



Ok. No. Not check mate. Saying wrong a lot doesn't make you right.

All those clauses mean is that CCP can ACT on it's sole discretion and IF their termination of service is conducted in such a way that it follows the rules outlined in the EULA then you don't get a refund. EULAs are not laws, they are contracts. They are still liable for the decisions with in the scope of the EULA and still required to work with in those bounds.

I can write a EULA for my game that says if you cheat I can kick you in the nuts, ban your account and not offer a refund. Guess what, if I did that you could press criminal charges and they'd stick. Doubly so if you didn't really cheat.

If they exercise their discretion and act in a way that is not covered, the clause you quoted is not valid.

It's true they can shut down the servers at any time and close shop with out offering a refund. If they did this on week 1 after 250,000 people bought box copies of the game I don't think the EULA would protect them from the potential liability.

The EULA will, no matter what always be subject to review by an actual court.

Posted on main because I'm not a coward like the rest of you.

Joseph Sulaco
Ministry of War
Amarr Empire
#17 - 2012-03-29 09:03:49 UTC  |  Edited by: Joseph Sulaco
Wukulo wrote:
Joseph Sulaco wrote:


Check mate.



Ok. No. Not check mate. Saying wrong a lot doesn't make you right.

All those clauses mean is that CCP can ACT on it's sole discretion and IF their termination of service is conducted in such a way that it follows the rules outlined in the EULA then you don't get a refund. EULAs are not laws, they are contracts.

I can write a EULA for my game that says if you cheat I can kick you in the nuts, ban your account and not offer a refund. Guess what, if I did that you could press criminal charges and they'd stick. Doubly so if you didn't really cheat.

If they exercise their discretion and act in a way that is not covered, the clause you quoted is not valid.


You are correct, however that is off topic to the point you were wrong about:
you wrote:

people love to say that about EULAs but its not actually true.


Because well.. it's true.

Edit: Oh and it's not theft Big smile
Wukulo
Brutor Tribe
Minmatar Republic
#18 - 2012-03-29 09:10:54 UTC  |  Edited by: Wukulo
Joseph Sulaco wrote:
Wukulo wrote:
Joseph Sulaco wrote:


Check mate.



Ok. No. Not check mate. Saying wrong a lot doesn't make you right.

All those clauses mean is that CCP can ACT on it's sole discretion and IF their termination of service is conducted in such a way that it follows the rules outlined in the EULA then you don't get a refund. EULAs are not laws, they are contracts.

I can write a EULA for my game that says if you cheat I can kick you in the nuts, ban your account and not offer a refund. Guess what, if I did that you could press criminal charges and they'd stick. Doubly so if you didn't really cheat.

If they exercise their discretion and act in a way that is not covered, the clause you quoted is not valid.


You are correct, however that is off topic to the point you were wrong about:
you wrote:

people love to say that about EULAs but its not actually true.


Because well.. it's true.

Edit: Oh and it's not theft Big smile


I use the term theft in a broad sense. Remember this is an international EULA. The strict concept of theft will be different every where.

Also my point about "It's not actually true" is people seem to have the idea that "It's in the eula so they can do what they want" That is NOT true at all. They don't have impunity and have to act reasonably.

On top of that it was not off topic i was replying directly to what you said. CCP can not just terminate the EULA any time they want and expect it to be ok. They have to be able to demonstrate some degree of reasonable decision making otherwise any sane court is going to call BS on it.

Posted on main because I'm not a coward like the rest of you.

Elsebeth Rhiannon
Gradient
Electus Matari
#19 - 2012-03-29 09:20:57 UTC  |  Edited by: Elsebeth Rhiannon
Quote:
25. CCP reserves the right to close, temporarily or permanently, any user’s account without advance notice as we deem necessary. Furthermore, we reserve the right to delete all user accounts or inventory of characters as warranted.

26. We reserve the right to ban any user from the game without refund or compensation.

This.

It's CCP's game, they make the rules. If they don't like you, they can kick you, and it says so in the TOS. They don't even have to tell you why they do it. The best you could hope by suing over a ban, I think (I am not a lawyer) is getting back the money you already paid, and even that is iffy, given that when you sign up they explicitly tell you you are not gonna get it.

CCP (and other owners of games, websites, etc) provide the rules as a courtesy to you so that you have a guideline of what is expected, instead of indeed doing "go away, we dun liek you" type of decisions. The stated rules do not mean that anything explicitly not mentioned is going to be ok. Trying to lawyer them based on those rules is not going to work. Playing EVE is not a civil right, even after you have paid for it. Playing EVE is something you do because CCP is kind enough to let you continue doing it, and civil enough not to ban people without grounds and explaining.

Don't like the way they handle things? Post reasonable, reasoned counterarguments. Still don't like the way they handle it? Go make your own game. Once you run a succesful MMOG, you get to decide what the rules are there. CCP will still decide about EVE.
Joseph Sulaco
Ministry of War
Amarr Empire
#20 - 2012-03-29 09:23:17 UTC
Wukulo wrote:
That is NOT true at all. They don't have impunity and have to act reasonably.

Impunity? Yes they do they can ban you whenever they want.
Do they have to act reasonably or responsibly? Not at all, but they do because they wish you to keep paying money so they can support their alcoholism and the insane cost of living in Iceland.
Neither of these have to do with legality.

Wukulo wrote:

They have to be able to demonstrate some degree of reasonable decision making otherwise any sane court is going to call BS on it.

Tomorrow, CCP Hilmar could wake up and decide that WoD is more important than EVE and begin shutting EVE down. Is that reasonable decision making? No, but they can do it and it has nothing to do with the court system. Period.
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