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Requesting Compensation


Lunafox

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So I think it is important to note EULAs are not actually legally binding in many cases. Time and again EULAs that have been taken to court have been on the losing side. There are laws in place for fair trade and fair contracts. If you pay for a service and it is not provided the provider is breaking the law or even committing fraud in some cases. It does not matter if you clicked "I accept that you can do no wrong and can take my money and not provide what you claimed you would at the time" That is fraud when they do not provide their end of the deal. Sadly America is pretty bad about doing anything about these kind of things, Europe has a much better track record holding Businesses accountable.

 

That said I doubt any of us have the time or money to take EA to court (big companies can grand stand you for years).

I just do not understand why people blindly point to EULAs and say: "See the company can do what they want and you have to live with it."

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So I think it is important to note EULAs are not actually legally binding in many cases. Time and again EULAs that have been taken to court have been on the losing side. There are laws in place for fair trade and fair contracts. If you pay for a service and it is not provided the provider is breaking the law or even committing fraud in some cases. It does not matter if you clicked "I accept that you can do no wrong and can take my money and not provide what you claimed you would at the time" That is fraud when they do not provide their end of the deal. Sadly America is pretty bad about doing anything about these kind of things, Europe has a much better track record holding Businesses accountable.

 

That said I doubt any of us have the time or money to take EA to court (big companies can grand stand you for years).

I just do not understand why people blindly point to EULAs and say: "See the company can do what they want and you have to live with it."

they are providing exactly what they said they would

 

good luck with your court case be sure to fill us in on how many people laugh at you along the way

 

but something tells me you wont

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they are providing exactly what they said they would

 

good luck with your court case be sure to fill us in on how many people laugh at you along the way

 

but something tells me you wont

 

First: I never said I would be taking them to court in fact I said I doubt anyone would (how did you come to the conclusion I did not count myself?) This makes your attack baseless and useless.

 

Second: That they provided what they said they would is a gray area. They did not define early access as 1 hour, or 10 or any other amount of time. It would be up to a court at this point to decide if they provided their end of the bargain or not. As I stated EULAs are not magically binding and often fail in court.

 

I give you one hilarious example that should never have won but did.

 

http://www.theregister.co.uk/2010/08/31/lineage_ii_eula_defeat/

Edited by Ballinor
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I'm jaded. I have been around MMos a long time and this little incident isn't even close to what a real problem launch looks like. Oh sure, I could tell you stories about server issues, unbelievable 18 hour queues for subs, disconnects, roll backs, etc. etc. but I won't. Oh wait, I just did. lol

 

So, what happened wasn't even a blip on my radar. There is always a possibility this will happen much like rain.

 

Now, having said that, as a little PR goodness for those that were impacted and frustrated by the delay, something should be done. Doesn't have to be a huge deal, but as a nod and a mei culpa. It could go a long way.

 

Doesn't matter what it is. The gesture is what counts.

 

And btw, if it does happen, prepare for the thread on it not being good enough or those that somehow now feel left out. Lol.

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you miss a few hours during regular maintenance and you feel you're entitled to 2-3 days free playtime?

 

are you being serious?

Genuine question: why do you care if someone asks for extended game time?

 

Why do you feel the need to advocate on Bioware's behalf, making sure everyone knows that the company is legally covered and aren't required to do anything?

Edited by Khevar
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I understand you're upset but like someone pointed out already if you divide your sub cost (the most expensive being around $15/month) by 30 you're paying like $0.50 per day. Also, these are good guys here who are working on this game. They have families to take care of and I really don't think they come to work not caring. They come to work and do the best they can. We don't see the behind the scenes. If there are things that don't make sense well, they're human and they make mistakes or maybe they have their hands tied from the higher ups.
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I was in Downtime Funtime from post one to 5 hours later. I got nothing but a massive headache. Appreciated Eric's effort, and it was my own fault for staying in there so long, but I doubt he'll try something like that again.

 

That being said, a couple of days compensation wouldn't make up for the mess this week. I STILL can't get my keybinds to work. At least my Armormech is working again. But I wouldn't even notice a couple of extra days.

 

Sadly, all we'll probably get for compensation is a 2XP weekend. Don't get me wrong, 2XP is nice, but I'd rather have Cartel Coins that I spent at least an accumulative hour's worth of the 5 hours I spent in Downtime Funtime yelling at my screen because it wouldn't load.

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Genuine question: why do you care if someone asks for extended game time?

 

Why do you feel the need to advocate on Bioware's behalf, making sure everyone knows that the company is legally covered and aren't required to do anything?

 

Its called bioware/ea shill account; )

 

Also, class actions require very little effort or time spent by those that initiate them, all the work falls on the firm that brings the case.

 

I actually really like swtor, but ea/bioware is currently failing on many levels.

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Its called bioware/ea shill account; )

 

Also, class actions require very little effort or time spent by those that initiate them, all the work falls on the firm that brings the case.

 

I actually really like swtor, but ea/bioware is currently failing on many levels.

 

Have you ever seen the outcome of a CAL?

hint:

lawyers win a few thousand even million dollars, we get some useless coupon or a miserable credit, we lose

 

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What does that have to do with CAL...

 

That some people seem to think that bringing a class action lawsuit will force EA/BW to compensate or otherwise credit its subscribers (or anyone who used CC to get items) when in reality it does nothing of the sort other than fill lawyers' pockets while leaving the defendant with a huge debt and the plaintiff with some miserable token as a 'settlement prize'. In other words, CALs are cancer.

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That some people seem to think that bringing a class action lawsuit will force EA/BW to compensate or otherwise credit its subscribers (or anyone who used CC to get items) when in reality it does nothing of the sort other than fill lawyers' pockets while leaving the defendant with a huge debt and the plaintiff with some miserable token as a 'settlement prize'. In other words, CALs are cancer.

 

Like I said, I actually like this game. I'm not saying a class action is the answer, but until upper management at EA are held responsible for the failed launches of at least 10 games over the past 5 years (that I can remember) they will devote no resources ($ and staff) to fix these issues going forward. It has just become an acceptable inconvenience by the EA gaming community.

Edited by wwwwwvwwwww
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I don't think random coin giveaways are enough, although I appreciate that Musco tried. I think all subs should be given two-three extra days of play time on their subs. We were promised early access and we really haven't gotten the chance to enjoy it much.

I agree !!

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The way this week has gone, I think Bioware could do a lot worse for their customer goodwill than give anyone subbed at the time a free day.

 

Agreed.

 

It wouldn't hurt for them to drop the charade and stop calling the beta periods "early access" either, if they're going to keep being so overwrought with issues.

Edited by Joesixxpack
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The math people are using to say it's .50 cents a day to play is very flawed. For that math to work you need to be playing every day. If your play time is 2-3 nights a week or something similar because of work and life, suddenly the daily cost is much higher. Also why not go further and divide it to hours or minutes? Unless this math is implying normal Subs play 24/7 a "day" division does not make much sense. Some people can afford to play 6-16 hours a day others only a hour or two. The value of a day is inherently different from person to person. Much like the value of $15 varies heavily from say a full time college student living on Ramen and a Lawyer who works 20 hours a week on a 6 figure salary.
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Its called bioware/ea shill account; )

 

Also, class actions require very little effort or time spent by those that initiate them, all the work falls on the firm that brings the case.

 

I actually really like swtor, but ea/bioware is currently failing on many levels.

how is your video game lawsuit coming along? any updates?

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