TonyACT Posted January 28, 2012 Share Posted January 28, 2012 That's completely different than a "click" contract issue. Cheers - I appreciate the info - had not noticed differing interpretations in this area. Either way, I think it would help if that availability clause was more prominent, as it is the one which usually causes the most angst. Followed by the one that says we may close the game with x days notice ... Link to comment Share on other sites More sharing options...
JollyRogers Posted January 28, 2012 Share Posted January 28, 2012 Hi, will you be giving us any more game time as a result of the high degree of server unavailability, especially considering the patch times are always in the middle of the day in europe? You advertise with 1 month of free game time included, yet we have not had the option to play the game for pretty good chunks of that month. $15.00 USD a month, 720 hours a month = $0.02 an hour. Latest maintenance was 5 hours. Should we cut that check for $0.10 and make it out to Generation Entitlement? Link to comment Share on other sites More sharing options...
lethal_ghost Posted January 28, 2012 Share Posted January 28, 2012 bioware cba with the EU player base. They are an american company after all Link to comment Share on other sites More sharing options...
ChillWinterheart Posted January 28, 2012 Share Posted January 28, 2012 $15.00 USD a month, 720 hours a month = $0.02 an hour. Latest maintenance was 5 hours. Should we cut that check for $0.10 and make it out to Generation Entitlement? I bet $0.02 the complainers are going to overlook this fact. Link to comment Share on other sites More sharing options...
Maidel Posted January 28, 2012 Share Posted January 28, 2012 That is EXTREMELY contextual and subjective. It absolutely holds up in court involving paid services, or "subscriptions". It's why there is ALSO a nice, tidy little statement next to "I Agree" that states "I have Read and Agree to....." or "I acknowledge..." It's just like the people who click on the virus scanner software pop-up they never installed, and it says they have an infection, and of course the click to install this awesome removal software... and can't figure out where they got all these infections form afterwards. You do yourself no favors by being ignorant, and ignorance never wins as a claim for the prosecution in any court. You have ample means to be informed before making a decision, and that's what any judge would tell you... speaking of which... what is anyone going to do sue BW/EA for 7 hours of lost game time?!?!!? Actually, it doesnt stand up in a UK court. What the 'terms and conditions' are form part of a contract. All their clauses and agreements are called 'exemption clauses'. Under UK law (Well English law, the scots do their own thing) it is illegal to create exemption clauses that remove a persons statutory rights accept in very specific circumstances. And those specific circumstances aren not met by an online game like this (they are things like unique contracts draw up by both parties with lawyers with exemption clauses for both parties.) Therefore under english law if a person thought this was breaking their statutory rights then they could successfully sue over it. Link to comment Share on other sites More sharing options...
PatriciaHarlow Posted January 28, 2012 Share Posted January 28, 2012 Hi, I signed up for a brand new spanking game and now I'm mad you guys have to patch it every week. I should clearly be compensated for my lost time. I'm important, you know! /s Link to comment Share on other sites More sharing options...
Dorin_Kass Posted January 28, 2012 Share Posted January 28, 2012 Hi, I signed up for a brand new spanking game and now I'm mad you guys have to patch it every week. I should clearly be compensated for my lost time. I'm important, you know! /s Read your EULA, and get used to it downtimes are agreed to in your EULA. If you don't read the fine print you don't have the right to complain. Link to comment Share on other sites More sharing options...
owenthorn Posted January 28, 2012 Share Posted January 28, 2012 you were never promise 100% uptime, no one can promise that, ever, be glad they are patching when they need to, not waiting for normal days to fix exploits, in the looting of the chest I mean can't shut down to fix bugs, but if someone can exploit a chest, we have to stop that........................... Link to comment Share on other sites More sharing options...
Barbadose Posted January 28, 2012 Share Posted January 28, 2012 I hear all sides here, and for the most part there are valid points on both sides. The thing is, these problems, aside from the ones created by new patches, were known well before release, so yeah, I think people have a right to be upset that they paid a lot of money, on top of a subscription fee, for a game that was released with known major bugs that hurt play experience. Should we get free game time, no, we are still utilizing a service, so we should pay for it, but neither should customers be completely ignored. Anyone sticking through this period should get more than just the title "Founder" as right now, that will mostly serve as a reminder of suffering frustrating buggy game play. My personal vote is for them to give us a special novelty pet, only available to those that suffered through the beginning. It's a reward that cost them not much more than some coding time, and doesn't adversely affect game play for those coming later on. Link to comment Share on other sites More sharing options...
Romiz Posted January 29, 2012 Share Posted January 29, 2012 Hey folks - not a lawyer (how obvious is that). Just saying that I have seen a number of contracts overturned because key clauses were hidden in masses of complex information, so that many companies locally have begun having summaries which contain the essential information. That is not the case here. The TOS is very clear and no hidden clauses or even hard to read. Link to comment Share on other sites More sharing options...
thomasgallant Posted January 29, 2012 Share Posted January 29, 2012 That is not the case here. The TOS is very clear and no hidden clauses or even hard to read. even if the tos arent clear, and are written in legalieze i have never seen any company willingly to turn away from their TOS in favour of a person who is contesting the TOS... They hire and pay lawyers alot of money in order to word TOS correctly and to ensure there are no loopholes. Link to comment Share on other sites More sharing options...
Maidel Posted January 29, 2012 Share Posted January 29, 2012 That is not the case here. The TOS is very clear and no hidden clauses or even hard to read. Which doesnt matter because it still has clauses which break the EU laws on statutory consumer rights... Link to comment Share on other sites More sharing options...
Kthx Posted January 29, 2012 Share Posted January 29, 2012 Hi, will you be giving us any more game time as a result of the high degree of server unavailability, especially considering the patch times are always in the middle of the day in europe? Yes. Because in the middle of the day, society expects you to study, work, or otherwise contribute to the economy, not play computer games. Link to comment Share on other sites More sharing options...
thomasgallant Posted January 29, 2012 Share Posted January 29, 2012 Which doesnt matter because it still has clauses which break the EU laws on statutory consumer rights... which clauses break consumer rights exactly... you cant just say something like that without information to back it up. Link to comment Share on other sites More sharing options...
OverWind Posted February 2, 2012 Share Posted February 2, 2012 I couldn't care less about getting a free month. Yes I think BioWare should alter their way of doing maintenance, but I'm not leaving anyway. If I DID insist on having anything, some ingame thing to reward our patience would be better in my opinion Link to comment Share on other sites More sharing options...
Atomicfb Posted February 2, 2012 Share Posted February 2, 2012 Which doesnt matter because it still has clauses which break the EU laws on statutory consumer rights... Since it is a US game, created in the US and based in the US it isn't bound by those laws. Link to comment Share on other sites More sharing options...
YourMasterisHere Posted February 2, 2012 Share Posted February 2, 2012 no no gametime compensation lets start the process of cleaning up these forums asap. I'd rather forego a month of freetime then have some of this forums trolls here a second longer wouldn't this also make you a troll? Link to comment Share on other sites More sharing options...
derliam Posted February 2, 2012 Share Posted February 2, 2012 (edited) Yes. Because in the middle of the day, society expects you to study, work, or otherwise contribute to the economy, not play computer games. Why is it always that someone in the forum tells someone else how to live their lives, that they don't have a live or are just plain idiots for wanting something that other people can't understand. I see you viewpoint and agree that it is good to be a working citizen, contributing to society and whatnot, but I think that it is always unacceptable to lecture people on how to live a life. Mind your own business sir. Edited February 2, 2012 by derliam Link to comment Share on other sites More sharing options...
LtKaesoron Posted February 2, 2012 Share Posted February 2, 2012 All i have to say is i Wish i never bought this peice of crap in the 1st place peace out enjoy the downtimes think il stick with Companies that actuly have a clue what there doing. Link to comment Share on other sites More sharing options...
OverWind Posted February 2, 2012 Share Posted February 2, 2012 Since it is a US game, created in the US and based in the US it isn't bound by those laws. I'm not discussing IF it breaks any rules - But boy are you wrong. If a product is sold in the EU, yes it is bound by those laws. Link to comment Share on other sites More sharing options...
Molik Posted February 2, 2012 Share Posted February 2, 2012 would you rather they not fix it at all, and have all the stuff you people are QQing about not fixed, or just DEAL with it, and let them get the game up to the standard you crybabies want them to get it too. If you wanna blame someone blame EA!!! Link to comment Share on other sites More sharing options...
LordTie Posted February 2, 2012 Share Posted February 2, 2012 Simple answer is read the EULA it has your answer to this question. Link to comment Share on other sites More sharing options...
Romiz Posted February 2, 2012 Share Posted February 2, 2012 (edited) Which doesnt matter because it still has clauses which break the EU laws on statutory consumer rights... Proof Biowares EULA is not legal. Edited February 2, 2012 by Romiz Link to comment Share on other sites More sharing options...
KTheAlchemist Posted February 2, 2012 Share Posted February 2, 2012 have you honestly added up the ammount of time you havent gotten to play the game due to downtimes? it isnt that much.. if you have any sort of life you can simply find something to do in the meantime. any downtime they have is to improve the game, I dont see how you can justify demanding free time for something that only makes the game better. I'm sorry, just had to call out this part. I find this funny when people say....well to be more specific... if you have any sort of life you can simply find something to do in the meantime. The irony of these statements is that the people who "have a life" (if you define that as having a job and responsibilities and things you like to do outside the game), are the ones MOST likely to be negatively impacted by poorly chosen and frequent downtimes. If I have no other responsibilities, I can simply wait for the downtime to be over and play when the servers happen to be up. If I have other responsibilities, the downtime might be during one of the few times per week I can play. Link to comment Share on other sites More sharing options...
LordTie Posted February 2, 2012 Share Posted February 2, 2012 I'm not discussing IF it breaks any rules - But boy are you wrong. If a product is sold in the EU, yes it is bound by those laws. LOL. I love common sense that is not so common. Read the Eula. The thing you agreed to to play the game. yeah that is what they are bound by not your so call laws. Link to comment Share on other sites More sharing options...
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