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Mass Disconnect - 16:35 12/04/2015

First post First post First post
Author
Dersen Lowery
The Scope
#141 - 2015-04-14 15:22:26 UTC  |  Edited by: Dersen Lowery
Ecklectrix wrote:
So I should bear the cost of it? All of the people affected should collectively bear the cost? CCP has insurance for that sort of thing, the consumer does not.

And tranquility was NOT up the whole time, tranquility was the target of the DDOS attacks.


You need to understand that Tranquility can be up and humming along nicely, but you still can't access it because something else on the Internet, which may or may not be a third-party service directly attached to Tranquility, is down or under attack. This used to happen more frequently: I still remember regular amounts of rage when Amazon's mass emails would knock over some poor little server that they happened to get routed through. In this case, CCP is in your position only much more so, where they're paying a large amount of money for bandwidth for Tranquility, and it's being denied to them by the DDOS attack.

There are links in this thread showing how DDOS attacks work. You should really take some time to educate yourself. The client's communication with the server is NOT a direct transaction between you and CCP.

You don't have insurance on your payment, incidentally, because it's not worth insuring $10/month. For what CCP pays for hosting and bandwidth, insurance makes perfect sense.

And that's essentially what you're doing. You're freaking out over a temporary loss of access to a cheap entertainment service. You know what? I don't have a terribly good connection to Tranquility either, so I'm playing Elder Scrolls Online. The amount of money I'm "losing" to the interruption of service wouldn't even get me a coffee.

Proud founder and member of the Belligerent Desirables.

I voted in CSM X!

Lan Wang
Princess Aiko Hold My Hand
Safety. Net
#142 - 2015-04-14 15:22:38 UTC
Ecklectrix wrote:
Jenshae Chiroptera wrote:
Ecklectrix wrote:
I don't need to understand how the interwebs works, .
"I am trying to stand on two feet but one is in quicksand."

Ignorance confessed.
Operation successful.



With your history of misquoting that's interesting.
However, show me where I need to understand how the internet works to know that when I pay for a service its either supplied or money back? Consumer rights bud, has absolutely JACK to do with the interwebs, so sue me, I don't NEED to know how it works, thats why I pay people to do that work for me...you know like CCP gets paid to provide me with 4 days of air...oh wait, that wasn't what I paid for.


i would hate to work for your internet company godforbid your internet going down for 5 minutes

Domination Nephilim - Angel Cartel

Calm down miner. As you pointed out, people think they can get away with stuff they would not in rl... Like for example illegal mining... - Ima Wreckyou*

War Kitten
Panda McLegion
#143 - 2015-04-14 15:23:29 UTC
Ecklectrix wrote:


So I should bear the cost of it? All of the people affected should collectively bear the cost? CCP has insurance for that sort of thing, the consumer does not.

And tranquility was NOT up the whole time, tranquility was the target of the DDOS attacks.


Tranquility was most certainly up the whole time. 2 of my characters lost connection, but one stayed connected.

When CCP Falcon said that Tranquility was the target, he was simplifying things for laymen like yourself. Tranquility does not respond to these pings and discards DDoS traffic. Tranquility was just fine and kept on simulating spaceships.

What happened was the network, a collection of computers that route internet traffic from place to place, became congested with too much traffic, and some of it was unable to get through in a timely fashion. This is what a DDoS attack does - flood the network with traffic so that legitimate traffic has trouble getting through. Different points on this network can be targeted, and the target here was apparently the front door to Tranquility. Hundreds of thousands of network packets arrived on Tranquility's front door, and asked to come in and play, and Tranquility politely ignored those improper requests and allowed the proper requests that reached the front door to come right in.

But network packets are a fickle bunch, and they don't have a lot of patience. This is because they live very short lives. When the front door to CCP becomes so clogged with packets trying to get in, some of the packets just wont live long enough to make it to the front door. If network packets were allowed to have long lives, the internet would be absolutely filled with packets and clogged to the brim and nothing would ever get anywhere.

But at no time did Tranquility go down, become non-functional, or even get rebooted. Your packets just couldn't get in because of all the jerks trying to flood the front door. That's not CCP's fault or yours. It's just a fact of life on the internet.

Hopefully now you know a little more about how the internet works.

I don't judge people by their race, religion, color, size, age, gender, or ethnicity. I judge them by their grammar, spelling, syntax, punctuation, clarity of expression, and logical consistency.

Ecklectrix
#144 - 2015-04-14 15:26:12 UTC
Lan Wang wrote:
Ecklectrix wrote:
Lan Wang wrote:
its hardly a contract, you are merely agreeing to some terms which state they dont guarantee the service to be active 100% of the time


yeah, thats called a contract bud.

And saying "you will pay us for a service that we don't gaurantee we can provide" is unfair terms which unduly benefit the offeror (which are always ammended in the favor of the consumer)


do you realise how silly your argument actually sounds?


Contract
1) n. an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. Since the law of contracts is at the heart of most business dealings, it is one of the three or four most significant areas of legal concern and can involve variations on circumstances and complexities. The existence of a contract requires finding the following factual elements: a) an offer; b) an acceptance of that offer which results in a meeting of the minds; c) a promise to perform; d) a valuable consideration (which can be a promise or payment in some form); e) a time or event when performance must be made (meet commitments); f) terms and conditions for performance, including fulfilling promises; g) performance.

Learn it, you'll use it every day of your life.

"#Falcon_Punch" Justifying Bullying by CCP Staff since it's inception.

Exhibit A

Jenn aSide
Soul Machines
The Initiative.
#145 - 2015-04-14 15:26:43 UTC
Ecklectrix wrote:

And saying "you will pay us for a service that we don't gaurantee we can provide" is unfair terms which unduly benefit the offeror (which are always ammended in the favor of the consumer)


This is what you agree to when you pay your sub. Allow me to introduce you to the CONTRACT you signed.

http://community.eveonline.com/support/policies/eve-eula/?_ga=1.119401097.1006405533.1429024243

Quote:

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.
Jenn aSide
Soul Machines
The Initiative.
#146 - 2015-04-14 15:29:02 UTC
Ecklectrix wrote:
Lan Wang wrote:
Ecklectrix wrote:
Lan Wang wrote:
its hardly a contract, you are merely agreeing to some terms which state they dont guarantee the service to be active 100% of the time


yeah, thats called a contract bud.

And saying "you will pay us for a service that we don't gaurantee we can provide" is unfair terms which unduly benefit the offeror (which are always ammended in the favor of the consumer)


do you realise how silly your argument actually sounds?


Contract
1) n. an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. Since the law of contracts is at the heart of most business dealings, it is one of the three or four most significant areas of legal concern and can involve variations on circumstances and complexities. The existence of a contract requires finding the following factual elements: a) an offer; b) an acceptance of that offer which results in a meeting of the minds; c) a promise to perform; d) a valuable consideration (which can be a promise or payment in some form); e) a time or event when performance must be made (meet commitments); f) terms and conditions for performance, including fulfilling promises; g) performance.

Learn it, you'll use it every day of your life.



Learn the contract you signed.
Dersen Lowery
The Scope
#147 - 2015-04-14 15:30:03 UTC
Ecklectrix wrote:
Contract
1) n. an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration.


I believe that you'll find that CCP's contract takes into account the fact that there's a famously uncontrollable and occasionally unreliable medium connecting the client to the server, and that CCP is not liable for what happens in that medium.

Tranquility's been up, and it's been hooked up to the Internet on a fat, expensive pipe. That is the extent of CCP's responsibility, because they cannot possibly be responsible for anything beyond that. You can shout "CONTRACTS!" until you're blue in the face, and it simply can't change anything about that simple reality.

Go for a walk in a park or something.

Proud founder and member of the Belligerent Desirables.

I voted in CSM X!

Ecklectrix
#148 - 2015-04-14 15:31:15 UTC
War Kitten wrote:

Hopefully now you know a little more about how the internet works.

Wow, a civil response, thanks for the education on it.
It still does not mean CCP didn't get unjustly enriched by the attacks, unjust enrichment does not require it to be their fault, simply for them to recieve a payment for a service they were unable, at the time, to provide.

"#Falcon_Punch" Justifying Bullying by CCP Staff since it's inception.

Exhibit A

Jenn aSide
Soul Machines
The Initiative.
#149 - 2015-04-14 15:36:59 UTC
Ecklectrix wrote:
War Kitten wrote:

Hopefully now you know a little more about how the internet works.

Wow, a civil response, thanks for the education on it.
It still does not mean CCP didn't get unjustly enriched by the attacks, unjust enrichment does not require it to be their fault, simply for them to recieve a payment for a service they were unable, at the time, to provide.


"Unjustly enriched" means they received money (or some other kind of consideration) while not providing the service in the way they said they would.

In the contract you signed, they covered that, and you you STILL decided to give them money even though they told you "we don't guarantee you will have access to the system when you want".

The problem is that you didn't read the contract you signed, not that CCP did anything wrong.
Jenshae Chiroptera
#150 - 2015-04-14 15:38:06 UTC
Thread summary added to the fourth post.
Hopefully it will save some people from wasting their time on this thread. Blink

CCP - Building ant hills and magnifying glasses for fat kids

Not even once

EVE is becoming shallow and puerile; it will satisfy neither the veteran nor the "WoW" type crowd in the transition.

Lan Wang
Princess Aiko Hold My Hand
Safety. Net
#151 - 2015-04-14 15:38:10 UTC  |  Edited by: Lan Wang
Ecklectrix wrote:
War Kitten wrote:

Hopefully now you know a little more about how the internet works.

Wow, a civil response, thanks for the education on it.
It still does not mean CCP didn't get unjustly enriched by the attacks, unjust enrichment does not require it to be their fault, simply for them to recieve a payment for a service they were unable, at the time, to provide.


http://www.techradar.com/news/gaming/consoles/sony-psn-hacking-lawsuit-thrown-out-by-judge-1106766

Key Points:

A California district judge threw out the charges, saying "there is no such thing as perfect security."

But Battaglia ruled that the data was stolen by a "criminal intrusion of Sony's Network. Plaintiffs do not allege that Sony was in any way involved with the data breach."

Battaglia added: "There is no such thing as perfect security. We cannot ensure or warrant the security of any information transmitted to us."

you are expecting to be provided with perfect service which is not possible and ccp have highlighted this in the eula everyone knows that sometimes internety things go down for reasons nobody really understands or cares to understand you just want some free stuff which would cost more than the probable $1 disruption it actually cost you

Domination Nephilim - Angel Cartel

Calm down miner. As you pointed out, people think they can get away with stuff they would not in rl... Like for example illegal mining... - Ima Wreckyou*

War Kitten
Panda McLegion
#152 - 2015-04-14 15:43:18 UTC
Ecklectrix wrote:
War Kitten wrote:

Hopefully now you know a little more about how the internet works.

Wow, a civil response, thanks for the education on it.
It still does not mean CCP didn't get unjustly enriched by the attacks, unjust enrichment does not require it to be their fault, simply for them to recieve a payment for a service they were unable, at the time, to provide.


A simple Googling of "Unjust Enrichment" has educated me as well, and I find another way in which you may be wrong:

"Recovery on a theory of unjust enrichment typically occurs where there was no contract between the parties, or a contract turns out to be invalid."

You've got a contract that is quite valid with CCP. And they kept their end of the bargain as described in said contract.





I don't judge people by their race, religion, color, size, age, gender, or ethnicity. I judge them by their grammar, spelling, syntax, punctuation, clarity of expression, and logical consistency.

Nat Silverguard
Aideron Robotics
Aideron Robotics.
#153 - 2015-04-14 15:47:47 UTC  |  Edited by: Nat Silverguard
Ecklectrix wrote:
War Kitten wrote:

Hopefully now you know a little more about how the internet works.

Wow, a civil response, thanks for the education on it.
It still does not mean CCP didn't get unjustly enriched by the attacks, unjust enrichment does not require it to be their fault, simply for them to recieve a payment for a service they were unable, at the time, to provide.


again, they did not benefited from this. yes you paid, but it is also you who chose NOT to avail of their services because somebody is DDoSing your network. Cool

Just Add Water

Jenshae Chiroptera
#154 - 2015-04-14 16:11:47 UTC
Anyone else getting a load of mails from Ecklectrix that they just keep clicking "Delete" upon receiving?

CCP - Building ant hills and magnifying glasses for fat kids

Not even once

EVE is becoming shallow and puerile; it will satisfy neither the veteran nor the "WoW" type crowd in the transition.

Ecklectrix
#155 - 2015-04-14 16:14:04 UTC
Jenn aSide wrote:

The problem is that you didn't read the contract you signed, not that CCP did anything wrong.

Oh I read it, however they can not then sell a 30 day game card, if they can not guarantee 30 days of continual play - or in the case where 30 days of continual play can not be achieved, they are still required to provide the equivalent of 30 days of availability. If the server was unavailable, as it was to a freaking truck load of people, then there is no continual play, no continual 30 days. Pay for 30 days, get 30 days, you keep trying to complicate it. If its not a big deal to you, then pay the 4 days for me.

"#Falcon_Punch" Justifying Bullying by CCP Staff since it's inception.

Exhibit A

Ecklectrix
#156 - 2015-04-14 16:19:20 UTC
Dersen Lowery wrote:
The amount of money I'm "losing" to the interruption of service wouldn't even get me a coffee.

Yes but 1/3rd of a coffee times thousands of players with the same problem = a lot of money
If other people want to forfeit their money to CCP they are welcome to, I feel that if I pay for something, I should get what was promised. I keep my end of the bargain by paying on time, they simply need to keep theirs. It's a very simple contract, and no matter how much people keep trying to say it, they can not put terms in their contract that absolve them of all responsibility and liability, it just doesn't work that way - EULA's are rarely worth the virtual ink they are printed on.

"#Falcon_Punch" Justifying Bullying by CCP Staff since it's inception.

Exhibit A

Jenn aSide
Soul Machines
The Initiative.
#157 - 2015-04-14 16:21:44 UTC  |  Edited by: Jenn aSide
Ecklectrix wrote:
Jenn aSide wrote:

The problem is that you didn't read the contract you signed, not that CCP did anything wrong.

Oh I read it, however they can not then sell a 30 day game card, if they can not guarantee 30 days of continual play - or in the case where 30 days of continual play can not be achieved, they are still required to provide the equivalent of 30 days of availability. If the server was unavailable, as it was to a freaking truck load of people, then there is no continual play, no continual 30 days. Pay for 30 days, get 30 days, you keep trying to complicate it. If its not a big deal to you, then pay the 4 days for me.



You are experiencing this right now.. The contract you signed is clear, CCP doesn't owe you or me or anyone anything, period.

If you disagree, the contract you signed also assigns any such disagreements to this place where you can take it up:
Quote:
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the EULA, or otherwise relating to any rights in, access to or use of the Software, System, Game, Game Content, User Content and/or the rights and obligations of the parties hereto, shall be the District Court of Reykjavík, Iceland, (Héraðsdómur Reykjavíkur).


So go file a case with them. That way (since you don't want to understand what mutiple people and the contract you signed says) a judge can tell you (in Icelandic or whatever the hell they speak) that no one owes you so much as a single a dime, and you signed the contract that says no one owes you a dime.

Good luck with your U.S. $2 law suit. That's how much 'money' you lost.
Nicolai Serkanner
Incredible.
Brave Collective
#158 - 2015-04-14 16:22:42 UTC
Iam The Flash wrote:
How is it not their fault?

Nothing else stopped working for me.

Three server conenctions to work stayed up, 2 x FTP clients working fine, teamspeak working fine, skype working fine. No issue with youtube or ctrlaltdel online either.

Yeh three eve accounts shut down n refuse to connect

And it's not their fault?

lol much m8


Miner calm down!
Dersen Lowery
The Scope
#159 - 2015-04-14 16:25:52 UTC
Ecklectrix wrote:
Dersen Lowery wrote:
The amount of money I'm "losing" to the interruption of service wouldn't even get me a coffee.

Yes but 1/3rd of a coffee times thousands of players with the same problem = a lot of money
If other people want to forfeit their money to CCP they are welcome to, I feel that if I pay for something, I should get what was promised. .


And for the last time, you are getting what you paid for. CCP has supplied you with a client and a server. The client launches. The server is up.

You're welcome to continue to see the plain truth as uncivil, I suppose, but it doesn't change the plain truth.

Stop blaming CCP for an anonymous assault that's costing them a whole hell of a lot more than it's costing you.

Proud founder and member of the Belligerent Desirables.

I voted in CSM X!

Ecklectrix
#160 - 2015-04-14 16:28:05 UTC  |  Edited by: Ecklectrix
Jenn aSide wrote:
The contract you signed is clear, CCP doesn't owe you or me or anyone anything, period.


Oh really, so if you say, go to McDonalds, order and pay for a burger and they stare blankly at you and say "oops sorry our grill isn't working, but we're keeping your money" You'd say that would be ok right?

Jenn aSide wrote:
If you disagree, the contract you signed also assigns any such disagreements to this place where you can take it up:
Quote:
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the EULA, or otherwise relating to any rights in, access to or use of the Software, System, Game, Game Content, User Content and/or the rights and obligations of the parties hereto, shall be the District Court of Reykjavík, Iceland, (Héraðsdómur Reykjavíkur).


So go file a case with them. That way (since you don't want to understand what mutiple people and the contract you signed says) a judge can tell you (in Icelandic or whatever the hell they speak) that no one owes you so much as a single a dime, and you signed the contract that says no one owes you a dime.


Didn't say they owed me a dime either, just said they owed me what I paid them for, the terms of my subscription = 30 days. Simples.

1. Never signed a contract, There is no wet signiature, if I did, I rescind it now. I "accepted" the offer symbolically by clicking accept and paying money (in return for service).
2. Contracts can not contain terms absolving the oferror of all of their obligations for the service they were contracted to engage in. (This would be an awesome world you live in, you pay your mechanic to fix your brakes, only he doesn't bother because well he wrote that he doesn't have to)
3. Performance is a sepcific part of the contract, and they were unable to.
4. I already know where to take my complaint, I read the EULA thoroughly, and you've misinterpreted what it states.
5. All complaints must first be attempted to be resolved with the party BEFORE going to a court of law (if you knew something about it, you would already know that) Otherwise the judge will just recommend mediation FIRST.

So, CCP...lets communicate. I've sent you support tickets (no answer), It's been a good few days of discussion on here (no answer).

"#Falcon_Punch" Justifying Bullying by CCP Staff since it's inception.

Exhibit A