Last edited by DrakeWurrum; 2012-08-08 at 08:04 PM.
I hope you haven't forgotten my role in this little story. I'm the leading man. You know what they say about the leading man? He never dies.
If you give in to your impulses in this world, the price is that it changes your personality in the real world. The player and character are one and the same.
Not so. Our red-hatted friend comes from "rape the customer in the ass and then ask him to thank you or face the United States court system utilizing the law paid for by us the corporate citizens" United States of America. I suspect you're from one of the EU member states with significantly tougher customer protection legislation.
Your argument is not dissimilar to one from Cold War. It's not wrong for a USSR citizen to claim that standing on the street screaming how your current leaders are bad is illegal.
It's just that it's only illegal in certain countries. In other countries with much more liberal legislation, it's perfectly legal. Even if in USSR that sort of behaviour sends you to prison doesn't mean that it's just as illegal to do so in, say, Germany.
You just don't know what you are talking about. First of all my ISP have my outgoing traffic logged. In case of SpeedHack there should be increased rate of packets sent when it is active. They can't edit those logs.
No contract can contain clauses that are against law.
Also most EULA's are contracts of adhesion. That is "signed" after purchase. That alone can make EULA null and void.
Again, depends on the country you are in. EU law states that the client is yours if you buy it, you own it and you can resell it. Also EULAs have little to no weight in most EU countries, esp those with decent consumer protection legislation. You cannot sign away statutory rights, no matter what the EULA states, its alway subordinate to national laws.
You didn't buy the client though. If you bought the client, the players of the game would need to turn to you for access to the game.
I hope you haven't forgotten my role in this little story. I'm the leading man. You know what they say about the leading man? He never dies.
If you give in to your impulses in this world, the price is that it changes your personality in the real world. The player and character are one and the same.
Exactly. You don't own the client. If you owned the client, you'd have the right to distribute copies yourself.
You may think it's ridiculous, but when it comes to legality, those fine nit-picky details are the major distinctions.
I hope you haven't forgotten my role in this little story. I'm the leading man. You know what they say about the leading man? He never dies.
If you give in to your impulses in this world, the price is that it changes your personality in the real world. The player and character are one and the same.
You can sell it legally within bounds of EU as far as I know. GB may be an exception here due to it's anglo-saxon US style legislation. EULA clauses cannot remove right of re-selling in most EU member states. Attempt to enforce such clause in court of law would fail miserably for this reason.
They can however terminate the service to anyone for any reason. That is not illegal, as it does nothing to the software you bought. It simply blocks you from accessing outside service.
The only requirement is that when selling a copy you own, the copy is in fact moved from one party to the other. You are required (afaik) to destroy your own copy when sale and transition is complete as you no longer own it.
Exactly, that's why I said I cannot sell COPIES of it.
---------- Post added 2012-08-09 at 12:43 AM ----------
Actually no. I can't use client without the service. Service is part of the purchase. So if they sell me client and then deny service for no reason - it's fraud.
Glad to know , if i am gonna accused to speed hacks :P
What if u are accused to <<generic hacks>> (they dont specify the hack-but u dont get an answer from them ?) , what would u do ? :P
<This account was closed because one or more characters were identified using an unauthorized cheat program, also known as a "hack." These programs provide character benefits normally not achievable in the xxx(game). Such benefits include, but are not limited to, increased speed, teleportation, or running through walls/boundaries. Use of these unauthorized programs harms the game environment because they offer an unfair advantage over other players and supersede the intended limits of the game>>
Nay. In most countries, the legal concept is that you purchase the product that allows you to connect to the service. As a result service is NOT the product you purchased, and therefore is up to contractual obligations between you and the company.
In this regard, EULA will apply as it is the contract between you and the company.
Example: if this was not true, company could not ban someone for cheating legally, as such person would be able to successfully sue on the grounds that company cannot block him from accessing the service he paid for on grounds of actions that are not illegal but simply against the EULA.
That's for subscription based games. You buy the client and then buy access time. In case of GW - you buy everything at once. As they advertise.
No, cheating is disrupting the service for all clients. It is legal for them to ban the cheater as protection from greater damages to the service and their profits. It has nothing to do with EULA per se. You can be banned from McDonnalds.
TBH the only thing I wish I could do is customize the inventory UI (god that was atrocious, scroll down inventory was hectic) and resize a few HUD items, other than that I was content with what was there.
Addons arent needed IMO, just more customization/skins maybe.
Fod Sparta los wuth, ahrk okaaz gekenlok kruziik himdah, dinok fent kos rozol do daan wah jer do Samos. Ahrk haar do Heracles fent motaad, fah strunmah vonun fent yolein ko yol.
And remember, if they tell you they can withhold service for whatever reason, and then withhold service, it isn't fraud because they never misled you.
Unless Europe has a completely different definition of the word "fraud" than the Oxford Dictionary.
You are incorrect on both parts, however I am uninterested to go into further details as they would require significant research and source quoting on my part and something I would normally charge you consultation fees for.
You can google the issue as many of the cases involved are fairly well documented. It will likely take you a few days to go through necessary cases and you may need significant understanding of legal framework both on EU level and within member states, as well as decent understanding of language of particular state you're interested in.
Part of what you agree to is the Terms of Service (separate from the EULA), which, while you don't have to pay an ongoing service charge (subscription), is binding, likely more so than the EULA. Without actually going through the ToS and EULA (go for it if you want, I cba), it's likely the ToS that gives them leave to ban players at their discretion (if not in both).