1 (edited by Blackomen 2010-12-21 03:31:26)

Topic: Removal of all PVE islands as per the EULA.

My half troll attempt half legitimate topic for the day. (I was falling behind in the M2S quotas)

* Any kind of activities that disturbs or annoys the other players or the Perpetuum staff in the use of the game or the website is forbidden.

I am annoyed by the pve islands being all safe and whatnot. Please remove them immediately.

On a serious note, this has to be one of the dumbest things I've seen in an EULA. It effectively bans everything. Thanks to Alex for spotting it.

Edit: Correction, second dumbest, one EULA required that everyone give the devs their souls.

Oldest player still in the game. Perpetuum for life.
Original Founder of M2S, may it rest in peace. sad
"Hungarian Math" is defined by the dictionary as "Just like normal math, but where each equation ends by dividing the sum by Potato."
-Shoutout to "Stranger Danger" for the "potato" comment.

Re: Removal of all PVE islands as per the EULA.

I believe that FFXI's EULA or TOS stated that if you took Square to court you had to defend them at the trial.

Re: Removal of all PVE islands as per the EULA.

Still the first dumbest.  The soul idea is actually pretty *** brilliant.  I'm kinda sad I didn't think about it first, and they may actually be a challenger for most souls collected by a mortal.  I was hoping to win that one....

I am Perpetuum's Most Dangerous Agent and an equal opportunity troll.
-> You just lost The Game <-
"Perpetuum sounds like a something I would stick up my *** for enjoyement." -Kaito Kurusaki

Re: Removal of all PVE islands as per the EULA.

It's not that hard to collect souls. One of my friends sold his for a piece of dry toast. Not even any butter.

Re: Removal of all PVE islands as per the EULA.

The real question is who is dumber - them for putting it in, or us (the players) for agreeing to it?

Re: Removal of all PVE islands as per the EULA.

Craggan Mhor wrote:

The real question is who is dumber - them for putting it in, or us (the players) for agreeing to it?

Them for putting it in.

Re: Removal of all PVE islands as per the EULA.

Snowstyle wrote:

I believe that FFXI's EULA or TOS stated that if you took Square to court you had to defend them at the trial.

Wow. Good thing EULA's never hold up in court. At least here in the US.

Oldest player still in the game. Perpetuum for life.
Original Founder of M2S, may it rest in peace. sad
"Hungarian Math" is defined by the dictionary as "Just like normal math, but where each equation ends by dividing the sum by Potato."
-Shoutout to "Stranger Danger" for the "potato" comment.

Re: Removal of all PVE islands as per the EULA.

Yeah, a EULA doesn't count as any kind of legal document in the U.S.

Sorry, clicking "Accept" does not constitute an electronic signature.  big_smile

Lo there do I see my father.  Lo there do I see my mother and my sisters and my brothers.  Lo there do I see the line of my people, back to the beginning.  Lo, they do call to me, they bid me take my place among them, in the Halls of Valhalla, where the brave may live...forever.

Re: Removal of all PVE islands as per the EULA.

I do not know what you guys are talking about but according to the 9th Circuit Court EULA do have legal standing. (Vernor v. Autodesk)

Re: Removal of all PVE islands as per the EULA.

OMG 9th Circuit court is activist court!!!  Repeal!   Err... Impeach!   Err... recall?

Re: Removal of all PVE islands as per the EULA.

I would also point out that during the Blacksnow Interactive(BSI) v Mythic Entertainment the judge in that case ordered the case to arbitration. He used the clause in EULA as the basis for this action. Which certainly implies the judge felt the EULA was binding.

12 (edited by Arga 2010-12-21 19:25:08)

Re: Removal of all PVE islands as per the EULA.

http://arstechnica.com/tech-policy/news … censes.ars

Summary: Guy has Autocad software he bought from archeticture firm that went out of business, wants to resell it on Ebay. Autocad EULA says that the software can't be resold.

"We hold today that a software user is a licensee rather than an owner of a copy where the copyright owner (1) specifies that the user is granted a license; (2) significantly restricts the user’s ability to transfer the software; and (3) imposes notable use restrictions."

Based on the fact that Autocad had the limitation in the EULA, the federal court ruled in favor of the EULA and prevented this guy from selling the software.

EDIT: This is what Warwick was referring to.

Re: Removal of all PVE islands as per the EULA.

бред

Re: Removal of all PVE islands as per the EULA.

Arga wrote:

http://arstechnica.com/tech-policy/news … censes.ars

Summary: Guy has Autocad software he bought from archeticture firm that went out of business, wants to resell it on Ebay. Autocad EULA says that the software can't be resold.

"We hold today that a software user is a licensee rather than an owner of a copy where the copyright owner (1) specifies that the user is granted a license; (2) significantly restricts the user’s ability to transfer the software; and (3) imposes notable use restrictions."

Based on the fact that Autocad had the limitation in the EULA, the federal court ruled in favor of the EULA and prevented this guy from selling the software.

EDIT: This is what Warwick was referring to.

Well, what usually is done in this case is to create a new company. The only purpose of that company is to hold the license. And when you want to sell the software, you sell the company with its licenses/software.

Re: Removal of all PVE islands as per the EULA.

pretzel wrote:

Well, what usually is done in this case is to create a new company. The only purpose of that company is to hold the license. And when you want to sell the software, you sell the company with its licenses/software.

Just cus I feel like arguing... smile

You would need to create the seperate company first, and buy the software for with that company. In the above case, the EULA prevents you from transfering owership, doesn't matter if its an individual or new company. But yes if you knew ahead of time you would be needing to sell licenses, that would be the way to go.

Re: Removal of all PVE islands as per the EULA.

Blackomen wrote:

My half troll attempt half legitimate topic for the day. (I was falling behind in the M2S quotas)

* Any kind of activities that disturbs or annoys the other players or the Perpetuum staff in the use of the game or the website is forbidden.

I am annoyed by the pve islands being all safe and whatnot. Please remove them immediately.

On a serious note, this has to be one of the dumbest things I've seen in an EULA. It effectively bans everything. Thanks to Alex for spotting it.

Edit: Correction, second dumbest, one EULA required that everyone give the devs their souls.

They should change the wording to.

* Don't be a fresh prick. *

Re: Removal of all PVE islands as per the EULA.

Devs can ban your account any time they like for any reason they like. Obviously they aren't going to do this because it's poor customer service. But on the other hand the vague wording is useful for them, gives them some wiggle room in case you come up with some unacceptable behaviour that they need to ban you for, which isn't covered specifically by the rest of the Eula.

"...playing a game is the voluntary attempt to overcome unnecessary obstacles."
Bernard Suits, 1978

Re: Removal of all PVE islands as per the EULA.

How does the EU view EULA? US has no jurisdiction over this game anyway.

Re: Removal of all PVE islands as per the EULA.

The Lawbringer: Euro-ver my head, contract law edition (specific to WoW but it covers the same aspects)

This came up when I googled Eula in Europe...

http://forums-eu.ageofconan.com/showthread.php?t=79872

lol

"...playing a game is the voluntary attempt to overcome unnecessary obstacles."
Bernard Suits, 1978

Re: Removal of all PVE islands as per the EULA.

Arga wrote:

How does the EU view EULA? US has no jurisdiction over this game anyway.

Perpetuum is bound by US law if they conduct business in the US. However it would be difficult enforce any civil action granted by a US court. Jurisdiction is a two way street. If someone in the US stole the intellectual properties that Avatar Creation has worked so hard to develop and deploy in their product they would appeal in US court for relief. It would be very problematic to argue they can find protection under US law but they are not bound to obey it.

Re: Removal of all PVE islands as per the EULA.

Warwick,

EU and US have different standards and set thier own regulations, as the European Microsoft division found out.

If Perpetuum doesn't have a server in the US, they are not conducting business in the US. This is why over seas pirate video servers continue to operate until the US can get cooperation from the EU to shut them down.

Copyright and IP is a totally different issue. If Perpetuum filed for a copyright and patent on thier IP with US patent office, they could defend any infringment; and not technically be bound by civil or criminal law.

Re: Removal of all PVE islands as per the EULA.

Arga,

You are right and as your first comment mentions if you conduct business in a country you are bound by their laws. If Microsoft had only allowed people to download their software from a server in the US and had no presence in the EU they would still be bound by the EU's antitrust laws.

If a company has no physical presence in a country it can be difficult to enforce any judgment but that is a separate matter from jurisdiction.

Re: Removal of all PVE islands as per the EULA.

Mission achieved.

Although this is a somewhat interesting topic.

Oldest player still in the game. Perpetuum for life.
Original Founder of M2S, may it rest in peace. sad
"Hungarian Math" is defined by the dictionary as "Just like normal math, but where each equation ends by dividing the sum by Potato."
-Shoutout to "Stranger Danger" for the "potato" comment.

Re: Removal of all PVE islands as per the EULA.

Thanks for the quality troll Black smile

Re: Removal of all PVE islands as per the EULA.

Arga wrote:

Thanks for the quality troll Black smile

Meh, don't thank me, thank the corpmates poking me for not trolling on the forums in some time.

Oldest player still in the game. Perpetuum for life.
Original Founder of M2S, may it rest in peace. sad
"Hungarian Math" is defined by the dictionary as "Just like normal math, but where each equation ends by dividing the sum by Potato."
-Shoutout to "Stranger Danger" for the "potato" comment.