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EA Issues Game Bans for Forum "Misconduct"

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  • SupersoupsSupersoups Member Posts: 1,004

    Originally posted by ArEf

    Originally posted by Supersoups


    Originally posted by ArEf


    Originally posted by Supersoups


    Originally posted by ArEf


    Originally posted by Supersoups



    They are illegal because some random guy 'Aref' on forum said so? yeah right.

    No, they're illegal because they ask you to sign away your fundamental rights as a consumer.

    Just like i thought. Sorry but your personal opinion has no bearing on what has been termed as LEGAL. Unless, you want to go to court and reverse this ruling, remember your opinion is not a fact.

    Read this and then walk away from this thread shamefaced.

    Here we go again.  So i guess you missed the part where i said 'unless you go to court'. No amount of forum posting is going to change how companies use EULA/TOS. If it is really that illegal why not do somethign about it?  

    Moreover, your link says nothing about your statuatory rights in regards to virtual goods. But i will give you time to google some more legal definitions.

    Because I'm not willing to spend £40 million on a court battle with EA?

    Read my other posts?

    This might interest you.

    So we are all just pissing in the wind here.

    image

  • ArEfArEf Member Posts: 233

    Originally posted by Supersoups

    So we are all just pissing in the wind here.

    How dare I try to educate people on their rights as consumers. I am so prideful and such.

    Also, this is the very reason anyone who got banned could quite easily get an unbanning or refund. EA does NOT want to mess with consumer law, just convince people like you you can't get a refund.

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  • GibboniciGibbonici Member UncommonPosts: 472

    Originally posted by ArEf

    Originally posted by Supersoups


    Originally posted by ArEf


    Originally posted by Supersoups


    Originally posted by ArEf


    Originally posted by Supersoups



    They are illegal because some random guy 'Aref' on forum said so? yeah right.

    No, they're illegal because they ask you to sign away your fundamental rights as a consumer.

    Just like i thought. Sorry but your personal opinion has no bearing on what has been termed as LEGAL. Unless, you want to go to court and reverse this ruling, remember your opinion is not a fact.

    Read this and then walk away from this thread shamefaced.

    Here we go again.  So i guess you missed the part where i said 'unless you go to court'. No amount of forum posting is going to change how companies use EULA/TOS. If it is really that illegal why not do somethign about it?  

    Moreover, your link says nothing about your statuatory rights in regards to virtual goods. But i will give you time to google some more legal definitions.

    Because I'm not willing to spend £40 million on a court battle with EA?

    Read my other posts?

    This might interest you.

    From your link -

     

    "In order to know your rights under sale of goods and/or service agreements, it is important firstly to understand the basic principles of contract law. Contract law is all about enforcing promises and making them legally binding irrespective of whether there is something in writing to this effect. Despite the word ‘contract’, and contrary to popular belief, a written contract is not required in order for these obligations to exist in law. A contract may also be formed verbally or by implication, simply by one party making an offer and the other party accepting that offer – even purchasing an item in a shop, or getting into a taxi are examples of this."

     

    It would seem that EA are within their rights to enforce the agreement you make with them to behave the way they see acceptable while using their services.

  • ArEfArEf Member Posts: 233

    Originally posted by Gibbonici

    From your link -

    "In order to know your rights under sale of goods and/or service agreements, it is important firstly to understand the basic principles of contract law. Contract law is all about enforcing promises and making them legally binding irrespective of whether there is something in writing to this effect. Despite the word ‘contract’, and contrary to popular belief, a written contract is not required in order for these obligations to exist in law. A contract may also be formed verbally or by implication, simply by one party making an offer and the other party accepting that offer – even purchasing an item in a shop, or getting into a taxi are examples of this."

    It would seem that EA are within their rights to enforce the agreement you make with them to behave the way they see acceptable while using their services.

    From the part of my link that you conveniently skipped over:-

    "Of course it must be proved that both offer and acceptance were clearly communicated and understood, that both parties were legally capable of making those promises, and there was something being offered in exchange for the promise (usually money)."

    EULAs break ALL of those. It's never clearly communicated and understood because the person doesn't have a lawyer standing behind them explaining to them, you're not legally capable of signing away your statutory rights AND there's nothing on offer in exchange for the promise since you've ALREADY PURCHASED THE PRODUCT.

    Do you understand, yet?

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  • BlasphimBlasphim Member UncommonPosts: 354

    like I said, their country, their rules.  You agreed to em when you went in.

  • PieRadPieRad Member Posts: 1,108

    Originally posted by ArEf

    Originally posted by Beazt



    Lol, illegal?

    When you install a game YOU agree to follow their rules, if you do not agree, then don't sign! Simple as that.

    Don't you think if it was illegal, huge game companies would pick another way to do things, if it was illegal doing it the way they are, then they'd risk lawsuits and huge fines, and as soon as one guy beats the game company, more would surely follow.

    You really think they'd risk that? come on, be realistic, and please stop pulling facts out of your ***.

    ITT: Uneducated people who don't know their consumer rights trying to sign away other people's.

    EDIT: By the way, yes. If they got taken to a court case, they'd get raped everywhere if the guy actually made it to the end. You don't understand, however, how much more money that company has than that one guy. You'd need a large scale court case and STILL hope to god you'd manage it before running out of money.

    There's a lot of reasons for them to do it this way, and the main reason is a general lack of any specific laws covering software and digital goods. They're currently covered under non-specific consumer goods laws. Once they start to get specific laws, companies will just go, "We've always done it this way, why should we change it?" After they get that, THAT'S when they start cracking down.

    How am I trying to sign away your consumer rights?

    I just told you to stop giving in to your guilty pleasures of mmo gaming, if you cannot agree to what is in the contract.

     

    And your analogy with signing myself away for life to be your slave is flawed, cause even if you had something I really wanted, I wouldn't sign such a thing.

     

    Who would sign something one do not agree with? Now that would be the uneducated.

     

     

    image

  • ArEfArEf Member Posts: 233

    Originally posted by Blasphim

    like I said, their country, their rules.  You agreed to em when you went in.

    What country do YOU live in?


    Originally posted by Beazt

    How am I trying to sign away your consumer rights?

    I just told you to stop giving in to your guilty pleasures of mmo gaming, if you cannot agree to what is in the contract.

    And your analogy with signing myself away for life to be your slave is flawed, cause even if you had something I really wanted, I wouldn't sign such a thing.

    Who would sign something one do not agree with? Now that would be the uneducated.



    lol. Wow.

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  • BlasphimBlasphim Member UncommonPosts: 354

    Originally posted by ArEf

    Originally posted by Gibbonici



    From your link -

    "In order to know your rights under sale of goods and/or service agreements, it is important firstly to understand the basic principles of contract law. Contract law is all about enforcing promises and making them legally binding irrespective of whether there is something in writing to this effect. Despite the word ‘contract’, and contrary to popular belief, a written contract is not required in order for these obligations to exist in law. A contract may also be formed verbally or by implication, simply by one party making an offer and the other party accepting that offer – even purchasing an item in a shop, or getting into a taxi are examples of this."

    It would seem that EA are within their rights to enforce the agreement you make with them to behave the way they see acceptable while using their services.

    From the part of my link that you conveniently skipped over:-

    "Of course it must be proved that both offer and acceptance were clearly communicated and understood, that both parties were legally capable of making those promises, and there was something being offered in exchange for the promise (usually money)."

    EULAs break ALL of those. It's never clearly communicated and understood because the person doesn't have a lawyer standing behind them explaining to them, you're not legally capable of signing away your statutory rights AND there's nothing on offer in exchange for the promise since you've ALREADY PURCHASED THE PRODUCT.

    Do you understand, yet?

    I believe that if you are of sound mind and body you can sign away your rights should you choose, you do not have to have a lawyer to represent yourself in any sort of court proceedings, or to enter any sort of contract.  Of course they do have that saying about the man who represents himself has a fool for a client, but that's not the issue.  If you wanted to have your lawyer look over the EULA and TOS you certainly could, and he might even then tell you what most people here have been sayin...don't be a douchenugget and you should be fine.  He might also tell you not to agree to them, and you have that right as well, you don't have to agree....you don't have to play either.

  • ArEfArEf Member Posts: 233

    Originally posted by Blasphim

    I believe that if you are of sound mind and body you can sign away your rights should you choose, you do not have to have a lawyer to represent yourself in any sort of court proceedings, or to enter any sort of contract.  Of course they do have that saying about the man who represents himself has a fool for a client, but that's not the issue.  If you wanted to have your lawyer look over the EULA and TOS you certainly could, and he might even then tell you what most people here have been sayin...don't be a douchenugget and you should be fine.  He might also tell you not to agree to them, and you have that right as well, you don't have to agree....you don't have to play either.

    You mighty BELIEVE this. You might BELIEVE in this in such a way that if it were fairies that Tinkberbell would NEVER EVER DIE.

    That doesn't mean it's true or your BELIEF is in law. SORRY.

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  • BlasphimBlasphim Member UncommonPosts: 354

    Originally posted by ArEf

    Originally posted by Blasphim

    like I said, their country, their rules.  You agreed to em when you went in.

    What country do YOU live in?


    Originally posted by Beazt



    How am I trying to sign away your consumer rights?

    I just told you to stop giving in to your guilty pleasures of mmo gaming, if you cannot agree to what is in the contract.

    And your analogy with signing myself away for life to be your slave is flawed, cause even if you had something I really wanted, I wouldn't sign such a thing.

    Who would sign something one do not agree with? Now that would be the uneducated.



    lol. Wow.

    I live in the U.S. very close to the Mexico border.  When i go into Mexico I must abide by their laws or I pay the price.

     

  • ArEfArEf Member Posts: 233

    Originally posted by Blasphim

    I live in the U.S. very close to the Mexico border.  When i go into Mexico I must abide by their laws or I pay the price.

    Yes, and when a company asks a person in the US to sign a contract, they must abide by US contract law. When a company asks a person in the UK to sign a contract, they must abide by UK contract law.

    I think you're finally getting it!

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  • AkulasAkulas Member RarePosts: 3,028

    If you are an asshat in a forum you should get banned in a forum and not in a game. If you are an asshat in a game you should get banned in a game. Not if your an asshat in a forum get banned in a forum and a game. Still though, the less ass hats the better but the games going to be too big for there to be no ass hats. So, I think you should only get banned in the place where you was being an ass hat.

    This isn't a signature, you just think it is.

  • GardavsshadeGardavsshade Member UncommonPosts: 907

    Originally posted by Distopia

    Originally posted by ArEf


    Originally posted by zymurgeist



    Why would I post on the EA forums?

    Bioware has their own and they're quite reasonable.

    Don't be an ass and you won't get banned from any forums.

    Non-issue.

    “1. BioWare community bans are forum-only and can be for as little as 24 hours. These bans should have no effect on your game, only your ability to use all the features of this website/community. these bans are handed out by BioWare Moderators as the result of our travels around the forum and/or issues reported by fellow community members.

    2. EA Community bans come down from a different department and are the result of someone hitting the REPORT POST button. These bans can affect access to your game and/or DLC.

    Because the BioWare community now operates under the same umbrella as all EA Communities, community members here have all explicitly agreed to abide by and be governed by both sets of rules. Consider it an added incentive to follow the rules you say you’re going to follow.”

    And again as I orginally said I think people who can't abide by simple rules should reap the consequences be it on forums or games, because they'll do the same in game.

    Certain cases not withstanding such as the guy quoting someone else ( if that's the case) that's why mods answer to a higher authority and certain bans will be overturned.

    Either way the part in yellow is key, that's the bottomline.

    OK Distopia you have a point. Players... People... Customers can be and often are disreapectful. I agree.

    Now flip that coin and take a look at the situation from another angle....

    EA is about the most obnoxious of all the Online Gaming Corporations. EA violates simple rules of privacy and fair play in their business practices and as far as I am concerned them EA banning customers for forum abuse is like EA "calling the kettle black". I don not care one iota if the legal laws of the US or any other country fail to adequetely protect the privacy of people (they are wrong as well), it's common sense and basic decency. You don't insist upon knowing everything about a customer and treating them like a Information Cow. It's wrong. period. Many many Corporations violate the right to individual human privacy and EA is not the first... but we are discussing EA so my comments are about their practices.

    Some say "Use of the Internet constitutes consent". Ridiculus in this circumstance. EA sells games and access to games. Under no logical or reasonable thought can EA/Origin justify requiring customers to behave like Nuns while EA/Origin sift through a customers hard drive looking for information, an act that I consider theft and a violation of privacy.

    EA the corporation itself needs that a long hard look at how the treat their customers, what they have convinced themselves is acceptable business and service practice, and do their own soul searching and start treating customers with respect.

    Until EA starts treating customers with respect I myself refuse to do business with them. As much as I would love to buy and play SW:TOR I won't because EQ/ORIGIN got the distribution contract. I will not go to their forums and cause problems mind you as I think that's pointless and especially rude, but neither will I chastise Players that get frustrated with EA and their policies while also ignoring how wrong the policies are themselves. I will not turn a blind eye to EA/Origin and it's shady business practices.

    Some of you people need to stop defending these Corporations... no matter how much power they seem to have. The Corps need to behave well also along witht eh citizens, the customers. Is what EA / Origin is doing quote "Legal"? Unfortunately it is, and that is the fault of our lawmakers and us citizens in the US. Just because the People failed though does not excuse EA /Origin for their actions.... for it can be argued the they are members of "We the People" also and should know better than to treat their customers, their fellow citizens, with such disrespect as their policies promote.

    My bottom line? Corporations need to act in a respectful manner as well as the customers. It's simply good business practice and best for everyone concerned.

  • BlasphimBlasphim Member UncommonPosts: 354

    Originally posted by ArEf

    Originally posted by Blasphim



    I live in the U.S. very close to the Mexico border.  When i go into Mexico I must abide by their laws or I pay the price.

    Yes, and when a company asks a person in the US to sign a contract, they must abide by US contract law. When a company asks a person in the UK to sign a contract, they must abide by UK contract law.

    I think you're finally getting it!

    ...Yeah, and when you sign the EULA and TOS by clicking accept, you are agreeing to abide by that contract....kinda what I was saying....

     

    so...what's the problem?

  • ArEfArEf Member Posts: 233

    Originally posted by Blasphim

    ...Yeah, and when you sign the EULA and TOS by clicking accept, you are agreeing to abide by that contract....kinda what I was saying....

    so...what's the problem?

    Read this.

    With EULAs, EA is NOT obeying contract law, at least in the EU. I don't know how it is over the other side of the pond, but what they do here is downright illegal. So, no, you're not agreeing to abide by it, since it's not legal.

    AT all.

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  • GardavsshadeGardavsshade Member UncommonPosts: 907

    Originally posted by Blasphim

    Originally posted by ArEf


    Originally posted by Blasphim



    I live in the U.S. very close to the Mexico border.  When i go into Mexico I must abide by their laws or I pay the price.

    Yes, and when a company asks a person in the US to sign a contract, they must abide by US contract law. When a company asks a person in the UK to sign a contract, they must abide by UK contract law.

    I think you're finally getting it!

    ...Yeah, and when you sign the EULA and TOS by clicking accept, you are agreeing to abide by that contract....kinda what I was saying....

     

    so...what's the problem?

    The problem is the Laws are imbalanced. Incomplete.

    Are you and others trying to convince me that it's OK for a Corporation to hold most of favorable benefits in a legal contract while the Customers is disadvantaged?

    Are you trying to tell me that is OK with you? That you would agree to such a contract in the first place? Even for a MMO?

    If any of your answers to my questions is YES, then we all have much bigger issues than forum posters having their game accounts banned.

    And Yes a EULA and TOS for a MMO is just for a MMO... but if enough customers blindly sign these contracts without questioning them, these customers set a precedent and future contracts will be written by those precedents. No matter how good the MMO is if the EULA and TOS are borderline wrong in how the customer, i.e. the Player, is treated, then we should not be agreeing to them.

     

  • PieRadPieRad Member Posts: 1,108

    Originally posted by Blasphim

    Originally posted by ArEf


    Originally posted by Blasphim



    I live in the U.S. very close to the Mexico border.  When i go into Mexico I must abide by their laws or I pay the price.

    Yes, and when a company asks a person in the US to sign a contract, they must abide by US contract law. When a company asks a person in the UK to sign a contract, they must abide by UK contract law.

    I think you're finally getting it!

    ...Yeah, and when you sign the EULA and TOS by clicking accept, you are agreeing to abide by that contract....kinda what I was saying....

     

    so...what's the problem?

    He's just blowing smoke out of his ***.

    He knows he's been beaten by common sense, so now he is just trying to cover up his smartass act, and maybe, just maybe save some face.

     

    He got no proof of what he is saying is reality, all he got is links to forum posts (also made by him), nice trying though.

     

    If one signs something you do not agree with, without getting forced, then you'd have to be very short sighted.

     

    image

  • ArEfArEf Member Posts: 233

    Originally posted by Beazt

    He's just blowing smoke out of his ***.

    He knows he's been beaten by common sense, so now he is just trying to cover up his smartass act, and maybe, just maybe save some face.

    He got no proof of what he is saying is reality, all he got is links to forum posts (also made by him), nice trying though.

    If one signs something you do not agree with, without getting forced, then you'd have to be very short sighted.

    lol.

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  • ruonimruonim Member Posts: 251

    Look. Steam tos says they dont give refunds. Then support says they dont give refunds. Then you reply to that massage with link to  distance selling directive. Then you get refund. Desnt work for USA. Works for Europe.

  • jpnzjpnz Member Posts: 3,529

    Not sure what the big issue is.

    'Don't violate the terms in which you agreed to' is something we all do everyday.

    I mean, I go to work and do my hours as per my employment contract.

    I pay my bills as per my water/gas agreement with the vendors.

    So the issue is.....????

     

     

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    Informing people about your thoughts and impressions is not a review, it's a blog.

  • WinterizerWinterizer Member Posts: 65

    Originally posted by Distopia

    TBH I think forum asshats should be banned from services be it the boards or the games. But that's just me.

    Me too, hope it sends a signal to those muppets that enjoy behaving like retards.

     

    It is a great choice by EA in my view

  • GibboniciGibbonici Member UncommonPosts: 472

    Originally posted by ArEf

    Originally posted by Gibbonici



    From your link -

    "In order to know your rights under sale of goods and/or service agreements, it is important firstly to understand the basic principles of contract law. Contract law is all about enforcing promises and making them legally binding irrespective of whether there is something in writing to this effect. Despite the word ‘contract’, and contrary to popular belief, a written contract is not required in order for these obligations to exist in law. A contract may also be formed verbally or by implication, simply by one party making an offer and the other party accepting that offer – even purchasing an item in a shop, or getting into a taxi are examples of this."

    It would seem that EA are within their rights to enforce the agreement you make with them to behave the way they see acceptable while using their services.

    From the part of my link that you conveniently skipped over:-

    "Of course it must be proved that both offer and acceptance were clearly communicated and understood, that both parties were legally capable of making those promises, and there was something being offered in exchange for the promise (usually money)."

    EULAs break ALL of those. It's never clearly communicated and understood because the person doesn't have a lawyer standing behind them explaining to them, you're not legally capable of signing away your statutory rights AND there's nothing on offer in exchange for the promise since you've ALREADY PURCHASED THE PRODUCT.

    Do you understand, yet?



    You don't need a lawyer to understand a EULA, they aren't written in legalese (which makes some people believe they are aren't valid) and the responsibilities and expectations are clearly laid out in pretty simple terms. And it's not even just about EULAs. From your link "A contract may also be formed verbally or by implication, simply by one party making an offer and the other party accepting that offer – even purchasing an item in a shop, or getting into a taxi are examples of this."

     

    I very much doubt that EA will be banning people without warning, and the warnings will be enough to demonstrate an understanding of responsibilities and consequences. I've had my fair share of warnings and infractions over the years and each time I've taken them on board and modified my behaviour accordingly. It's not hard to do.

     

    And beyond all this, there's no obligation to post on the official forums, so even if you don't want to put your money where you mouth is by bringing legal action you can simply avoid any risk of getting temporarily banned by not posting there. There will be dozens of other forums where exactly the same things are discussed, and if there is something you want to raise on the official forums you can do that without being a jerk about it. People do it all the time and its really not hard.

  • LowcaianLowcaian Member Posts: 265

    To all that say trolls should be banned. I agree but the problem is that forum mods are never consistent, A writes something and get banned while B gets away with something far worse. This happens on every forum. If any forum has a zero tolerance policy it needs to be applied to everyone.

    image
  • calranthecalranthe Member UncommonPosts: 359

    I have no problem with how EA is handling this, In 12 years of online play I have never been banned from a forum or a game, something about I try to treat everyone from fellow players to customer services with the same respect as if I was sitting next to them in real life.

     

     

  • ArEfArEf Member Posts: 233

    Originally posted by Gibbonici

    You don't need a lawyer to understand a EULA, they aren't written in legalese (which makes some people believe they are aren't valid) and the responsibilities and expectations are clearly laid out in pretty simple terms. And it's not even just about EULAs. From your link "A contract may also be formed verbally or by implication, simply by one party making an offer and the other party accepting that offer – even purchasing an item in a shop, or getting into a taxi are examples of this."

    I very much doubt that EA will be banning people without warning, and the warnings will be enough to demonstrate an understanding of responsibilities and consequences. I've had my fair share of warnings and infractions over the years and each time I've taken them on board and modified my behaviour accordingly. It's not hard to do.

    And beyond all this, there's no obligation to post on the official forums, so even if you don't want to put your money where you mouth is by bringing legal action you can simply avoid any risk of getting temporarily banned by not posting there. There will be dozens of other forums where exactly the same things are discussed, and if there is something you want to raise on the official forums you can do that without being a jerk about it. People do it all the time and its really not hard.

    Er, yes they are. You're quite blatantly lying. :D

    Wow, it's amazing how many lies one person can post.

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