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New Consumer Bill of Rights (UK) impact on Eve

First post
Author
Tippia
Sunshine and Lollipops
#41 - 2013-05-06 17:26:49 UTC
Kharamete wrote:
In Europe there are varying degrees of consumer protections that you can not sign away in contracts. If you do, the contracts are voided. That American firms continue to service customers despite this is because it hasn't been tested thoroughly in court. When it has been, such as in the Oracle case, the Court of Justice of the European Union has come down clearly and hard on the consumer protection side.
The Oracle case has no bearing on EVE since the contract is completely different. At best, it could apply to CCP's disallowing account transfers, but since accounts are free and since CCP owns the bits, it becomes practically inapplicable anyway. Sure, you could spend money on trying to get your bought account unbanned, but that would leave you with an account that was no better than the free one you could get in 10 seconds flat without going to court, so all you'd be doing is wasting court time… which I'm sure is popular with everyone (well the lawyers will love it —they get paid for it, after all).

Moreover, even European law very pragmatically recognizes SLAs as legitimate contracts since it would be industry-demolishing not to. As such, CCP can quite easily point to the SLA part of the EULA that you had to agree on before you created your account; that you had to read again before you bought your subscription; and that you had to read again the first time you logged in.

This new idea doesn't particularly change any of that. At most, this would shoot out the knees of Sim City-style DRM, but that's about it.
Robus Muvila
Caldari Provisions
Caldari State
#42 - 2013-05-06 17:27:46 UTC
Got to love it when legislators try and legislate what they do not remotely understand.

TMC Senior Developer http://themittani.com - Because EvE has needed a proper news site for ages

Kirjava
Lothian Enterprises
#43 - 2013-05-06 17:27:53 UTC
Alice Saki wrote:
Kirjava wrote:


Alice Saki wrote:
This is just stupid :|

Yer face is stupid P


Cry

[noogie and a hug]

Aww cant stay mad at you Big smile

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LittleTerror
Stygian Systems
#44 - 2013-05-06 17:29:30 UTC
I don't care.
Mina Kizen
Federal Navy Academy
Gallente Federation
#45 - 2013-05-06 17:31:57 UTC
Missive Ernaga wrote:
EVE does not reside in iceland, only the developer/publisher of eve. Servers are in UK.


Still, when you sue an entity for not being able to deliver, you sue the company (a legal entity) not some servers(piece of hardware)?

Kirjava
Lothian Enterprises
#46 - 2013-05-06 17:33:39 UTC
Mina Kizen wrote:
Missive Ernaga wrote:
EVE does not reside in iceland, only the developer/publisher of eve. Servers are in UK.


Still, when you sue an entity for not being able to deliver, you sue the company (a legal entity) not some servers(piece of hardware)?

Didn't stop the UK last time.

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Cipher Jones
The Thomas Edwards Taco Tuesday All Stars
#47 - 2013-05-06 17:35:59 UTC
Robus Muvila wrote:
Got to love it when legislators try and legislate what they do not remotely understand.


Gotta love when posters complain about proposed legislation that they haven't seen yet.

internet spaceships

are serious business sir.

and don't forget it

Mina Kizen
Federal Navy Academy
Gallente Federation
#48 - 2013-05-06 17:39:23 UTC  |  Edited by: Mina Kizen


not sure what I just read, but TBH I lol'd at this : "the Icelandic action was likely to have a particularly significant unsettling effect on consumer confidence".

So, if any drunk british pubbie loses his ship, UK will ban CCP from delivering any service in UK teritorry? :)
Kirjava
Lothian Enterprises
#49 - 2013-05-06 17:59:20 UTC
Mina Kizen wrote:


not sure what I just read, but TBH I lol'd at this : "the Icelandic action was likely to have a particularly significant unsettling effect on consumer confidence".

So, if any drunk british pubbie loses his ship, UK will ban CCP from delivering any service in UK teritorry? :)

Nah, that's part of the game. If they can't log in due to server issues or the game keeps crashing and ins't a hardware client side, then I guess so.

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Mina Kizen
Federal Navy Academy
Gallente Federation
#50 - 2013-05-06 18:13:59 UTC  |  Edited by: Mina Kizen
Kirjava wrote:
Nah, that's part of the game. If they can't log in due to server issues or the game keeps crashing and ins't a hardware client side, then I guess so.


from the OP quoted article :
The bill will make clear that a consumer must receive a refund if an online game freezes.

Seriously, how can UK determine (and prove) legally what happened and take actions? And based on that 2008
law they can still punish(how?) foreign entities(based outside UK) for game freezes?
Kirjava
Lothian Enterprises
#51 - 2013-05-06 18:21:11 UTC
Mina Kizen wrote:
Kirjava wrote:
Nah, that's part of the game. If they can't log in due to server issues or the game keeps crashing and ins't a hardware client side, then I guess so.


from the OP quoted article :
The bill will make clear that a consumer must receive a refund if an online game freezes.

Seriously, how can UK determine (and prove) legally what happened and take actions? And based on that 2008
law they can still punish(how?) foreign entities(based outside UK) for game freezes?

For determination, not quite sure, maybe some sort of logging software, not the guy to answer that.

But for enforcement, there's resorting to the EFTA of which Iceland is a part, the anti-terrorism laws already used to control Icelandic assets for the benefit of British customers (this case the servers) and the UK has veto rights on Icelandic membership of the EU.

I'm not trying to be melodramatic, but the UK has a history with Iceland and would just add this to the things it feels it needs to sort out with Iceland, like the North Sea fisheries (Cod Wars ).

Most likely scenario would be Iceland relocating the Servers to Iceland before it became enforceable, would greatly lower the UK's hand, but would put it through the EU courts instead of the British ones.

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Malcanis
Vanishing Point.
The Initiative.
#52 - 2013-05-06 18:23:16 UTC
Srs though, if anyone did bring an action against CCP, the most they'd possibly be awarded would be a refund of the last sub payment they made, closely followed by CCP "no longer desiring a business relationship with them" and permabanning all their accounts, as is their current normal practice when people do credit card chargebacks.

It's simpler just to quit.

"Just remember later that I warned against any change to jump ranges or fatigue. You earned whats coming."

Grath Telkin, 11.10.2016

baltec1
Bat Country
Pandemic Horde
#53 - 2013-05-06 18:24:05 UTC  |  Edited by: baltec1
Mina Kizen wrote:


Seriously, how can UK determine (and prove) legally what happened and take actions? And based on that 2008
law they can still punish(how?) foreign entities(based outside UK) for game freezes?


The sale takes place in the UK even when on the internet and if something happens like what happened last year to several high profile games in the future we have the right to demand our money back. EA could be in for some bother.
Kirjava
Lothian Enterprises
#54 - 2013-05-06 18:26:00 UTC
Malcanis wrote:
Srs though, if anyone did bring an action against CCP, the most they'd possibly be awarded would be a refund of the last sub payment they made, closely followed by CCP "no longer desiring a business relationship with them" and permabanning all their accounts, as is their current normal practice when people do credit card chargebacks.

It's simpler just to quit.

Which is why I would like to know where CCP stands in this. That said the law hasn't come into force yet, its a matter of debate for the coming session of Parliament as put forward by the Queens speech. Doesn't stop me being curious though, and this is the way that the winds are blowing these days.

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Lady Areola Fappington
#55 - 2013-05-06 18:26:39 UTC
These kinds of laws are just silly on all sorts of levels. Define "freeze" for one. Sounds easy, but, there's so many different reasons for "freeze"...driver conflict, overheating, old code, bad API calls... Now, by freeze, do they just mean the game locking up, or whole system? How do I prove, as a consumer, the game code itself locked? How can I verify that the network path between myself and the servers are perfectly fine, and it's not ISP shenanigans (Trust me, no ISP in the world is going to open themselves to that legal problem).


Now, the game this law is likely based from...the new Simcity. If you were unlucky enough to get that pre-order, you sure weren't playing it day one. I doubt EVE will see any impact.

7.2 CAN I AVOID PVP COMPLETELY? No; there are no systems or locations in New Eden where PvP may be completely avoided. --Eve New Player Guide

000Hunter000
Missiles 'R' Us
#56 - 2013-05-06 18:28:27 UTC
Missive Ernaga wrote:
Read the EULA.



National laws> Eve Eula

And good thing as well, cuz otherwise companies could really ask anything in a eula (remembers a funny episode of Southpark...)

Imaginary line in the eula: to play this game u consent into donating your first born child to ccp Lol
Kirjava
Lothian Enterprises
#57 - 2013-05-06 18:34:36 UTC
000Hunter000 wrote:
Missive Ernaga wrote:
Read the EULA.



National laws> Eve Eula

And good thing as well, cuz otherwise companies could really ask anything in a eula (remembers a funny episode of Southpark...)

Imaginary line in the eula: to play this game u consent into donating your first born child to ccp Lol

I'm certain CCP would never connect Goons anus to mouth in a chain to power the server on a massive hamster wheel.

... right? What?

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Jonah Gravenstein
Machiavellian Space Bastards
#58 - 2013-05-06 18:40:36 UTC
TBH they'd be better off cracking down on the ISPs that oversell their capacity. They've been getting away with redefining the word unlimited for far too long and throttling various port ranges used for both slightly nefarious and legitimate products for considerable lengths of time, they also sell their products with the promise of multimedia being available for streaming or downloading and then whining when people use it as advertised because it eats into what little capacity that they do have, the on demand TV services in the UK are a prime example, most are unusable during peak times.

In the beginning there was nothing, which exploded.

New Player FAQ

Feyd's Survival Pack

Malcanis
Vanishing Point.
The Initiative.
#59 - 2013-05-06 18:42:37 UTC
Kirjava wrote:
Malcanis wrote:
Srs though, if anyone did bring an action against CCP, the most they'd possibly be awarded would be a refund of the last sub payment they made, closely followed by CCP "no longer desiring a business relationship with them" and permabanning all their accounts, as is their current normal practice when people do credit card chargebacks.

It's simpler just to quit.

Which is why I would like to know where CCP stands in this. That said the law hasn't come into force yet, its a matter of debate for the coming session of Parliament as put forward by the Queens speech. Doesn't stop me being curious though, and this is the way that the winds are blowing these days.


Why would they have a legal position before the law has even been finalised and passed? How could they?

I am pretty confident in my prediction that anyone who tries to sue them because a bloo bloo there was lag in my fleet fight or whatever won't be playing EVE the next day though.

"Just remember later that I warned against any change to jump ranges or fatigue. You earned whats coming."

Grath Telkin, 11.10.2016

Kirjava
Lothian Enterprises
#60 - 2013-05-06 18:44:07 UTC
Jonah Gravenstein wrote:
TBH they'd be better off cracking down on the ISPs that oversell their capacity. They've been getting away with redefining the word unlimited for far too long and throttling various port ranges used for both slightly nefarious and legitimate products for considerable lengths of time, they also sell their products with the promise of multimedia being available for streaming or downloading and then whining when people use it as advertised because it eats into what little capacity that they do have, the on demand TV services in the UK are a prime example, most are unusable during peak times.

I don't have the link to hand, but I think that the ASA banned usage of the word unlimited for limited packages. I think it was initially with a case against Virgin media for throttling during peak times, this being by definition the time the average user would expect to use their internet, and expect it to be at the advertised speed.

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