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class action lawsuit.... whos in?

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  • RollotamasiRollotamasi Member, Newbie CommonPosts: 898

    Does any one happen to have that ASCII art picture that is the guy with his hand on his forehead?

    -Currently looking forward to FFXIV

    -Currently playing EvE and Global Agenda

  • ArcAngel3ArcAngel3 Member Posts: 2,931

    Originally posted by khrag


    You are all forgetting one important part of ALL online games.
     
    In the Terms of Agreement that you agree to every time you sign in, says: We reserve the right to change any part of the game at our whim. (para-phrasing of course)
    If you agree to let them change what they want whenever they want... how did they do something illegal?
    Well that's just it.  In this jurisdiction at least, this "disclaimer" doesn't allow a company to advertise one thing, knowing they will be delivering something else.   It also doesn't protect them from any other breach of contract law.

    Printing something on your log-in page or game box that seems to divest a consumer of his or her rights, does not IN FACT divest him or her of those rights.

    Here's another example to make this more clear, if you go to the local go-kart track, and they have you sign a disclaimer saying that you are participating solely at your own risk, and you're injured, you would THINK you have no rights to sue for medical costs pain and suffering etc. because of the disclaimer.   That is the purpose of the disclaimer, to make you THINK you have no rights.

    In actual fact, if the go-kart track was guilty of negligence, and their negligence (e.g. poorly maintained equipment) caused your injury, you CAN still sue them for their negligence.

    Disclaimers DO NOT (caps for clarity here) allow companies to get away with negligence or fradulent misrepresentation of their product or service.  Don't believe everything a company prints on their box or website.  In fact some of the MMO disclaimers EULA's etc. are honest enough to say that certain points may not be legally binding in certain states.

    As for those that think this is about a video game, I think you're missing the point.  This is about a company that knowlingly misrepresented a service to obtain the money of hundreds of thousands of people.  Instead of delivering the paid for service, they removed things paid for, and delivered something else, that incidently didn't work.

    Now some people see this as only applying to the ToOW expansion, and this is the clearest example.  Refunds are good, but punitive damages can also be sought ON TOP of refunds for the hassle and disappointment that all of this caused people.

    Let's look at another example.  Early adverstisements in magazines etc. (still have them) enticed people to buy the game, saying that they could unravel the mystery of the jedi.  Some people bought the game for this reason, and played for 2 years to unravel this mystery, and unlock a jedi character.  After achieving this however, and spending 2 years worth of time and money, the abilities and features they "unravelled/unlocked" were largely deleted.  AND, those things that weren't deleted were made available to everyone at login.  In other words, the 2 year investment of time and money that was made based on company advertisement was for absolutely nothing.

    Remember this isn't about a video game.  If you think it is, you're in the wrong thread.  It's about coporate politics, making money (real money) by misleading consumers intentionally, and a company having people give them money for a promised outcome that was rendered moot.  Take this out of the video game context if that makes it easier to understand.  I believe that companies that do this to consumers should be held accountable for their actions.   If companies are allowed to get away with these kinds of business practices, the consumer is in for a very rough ride.

     

  • ArcAngel3ArcAngel3 Member Posts: 2,931

    Originally posted by SioBabble


    Unless one of the disgruntled preCU types is Warren Buffet or George Soros, and has deep enough pockets to take on Sony and Lucas Arts, none of this is going to happen.
    It is remarkable that people are still pissed enough to write entire paragraphs about the NGE fiasco, though.  Classic SWG had a very fanatical, loyal base that put up with a lot of crap from SOE/LA for years until the bastards crossed the line and got the consumer backlash they had been flirting with for much of the run of the game.
    Well honestly some law firms would take this on without payment up front, they would receive their payment as part of the awarded damages.  

     

  • ArcAngel3ArcAngel3 Member Posts: 2,931

    Originally posted by Wildcat84


    Possible grounds for a class action SWG players vs SOE/LEC lawsuit:
    1. Bait and switch, ie: they clearly were saying one thing (Smed's "CU is here to stay") while doing another (NGE). They also made other statements such as "Jedi will never be a starter class" etc.
    2. The EULA. The EULA is about the only defense SOE has. It basically says that SOE can do anything it wants, make any change that they want to make, can unilaterally alter the EULA any time it wants, etc. This is no defense at all, as the only legal standing a EULA has is that it is a contract in force. In most states, contract law requires that the contract be a negotiated agreement between EQUALS, and that changes made (especially added restrictions) require compensation. Changes also can't be made "under duress" (such as you must agree to this or you can't use the service you've already prepaid for and can't get refunded) This is why you never have and never will see any software company use their EULA in court. BTW, this is also why most employment "noncompete" agreements fail in court.
    3. Unreasonable changes to the game. It can easily be argued that the game was changed so significantly that it was no longer the game or service that people bought. SOE's defense to this claim will be the EULA (above) but that won't help them much. What this would come down to, is a test of "were these reasonable changes, that any reasonable person who was a customer of a MMO service would expect?".
    Since the NGE is unprecedented in MMO history, the answer clearly will be no. The best evidence to support this would be the DAOC changes, and Mythic's eventual reaction of offering classic servers to their customers that didn't include the changes. It could be pointed out that we've repeatedly asked SOE for the same remedy and been denied, and even ABUSED over the question, since they will lock/delete any message board post asking for classic servers and issue account bans.
    4. The expansion. Even though they did eventually offer a refund, there is still the fact that they did commit a fraud (ie: marketing features in the expansion that they KNEW were going to be taken out within weeks). They are wide open here to charges of interstate wire and mail fraud. The fact that SOE offered refunds is irrelevant (though it limits their damages exposure to a degree) because you are NOT allowed to get out of theft charges by simply returning what you stole... This is actually the charge that would be the most serious, as they clearly broke the law. Management who knew about the NGE but that allowed marketing to advertise expansion features such as the CH ring either by telling them to do so, or by not telling them about the NGE could be looking at some time in Club Fed for that one. Why do you think they were so fast to offer refunds? Yep, they knew that one was (and still is as I've said) a huge liability.
    What such a lawsuit would ask for:
    1. A ruling requiring SOE to reinstate the game as it existed on 11/14/2005 on alternate servers.
    2. For SOE to maintain those servers so long as there is enough interest in them for them to be cash positive, or until they close SWG as a whole down, whichever is longer.
    3. That SOE offer everyone who was a subscriber on 11/14/2005 a transfer of a copy of their character as it was on that day to the pre-NGE servers, if a copy of those characters exists anywhere on backup media. Failing that, they must allow the creation of a new character based on the "elder" badges as an alternative (ie: elder Jedi could create a full Jedi template, elder BH's can take master BH, etc).
    4. That SOE be enjoined from making any future core gameplay changes to SWG that are outside the normal expected level for the industry (ie: no more CUNGE's)
    5. That SOE pay attorney's fees, as well as offer refunds to anyone who had prepaid time past 11/14/2005 for the pro-rated amount that cost.
    I'm telling you, this COULD happen... All it will take is a lawfirm willing to take this on. And the remedy asked for is very reasonable. This isn't asking for millions of dollars for being dumb enough to spill coffee in your lap, this is basically asking for our game back, and for them to not do such a thing again.
     
    That is a really great discussion on the whole EULA business Wildcat.  If anything it's this EULA confusion that has delayed any legal action, and let's face it, that is it's intention. 

    So if a judge asks why legal action was delayed, many could rightly say, well I thought the EULA meant I was S.O.L., then I read some posts by some lawyer and realized that the EULA is just another way SOE was trying to pull the wool over my eyes.

    Another thing that has slowed down any legal action is the psychological manipulation and out right abuse that gets heaped on anyone who even hints at sticking up for their rights as a consumer. 

    Anyone who doesn't just lie down and accept what SOE has done to them is called all sorts of nasty names, told they have no life, told they're delusional, told that legal action is impossible, told that legal action is unattainable, told that they're making a big fuss over a simple video game, told that they should stop beating a dead horse etc. etc. etc..  Well if some people are wronged, they're not so quick to let things go until a sense of justice has been satisfied, and obviously for some people this hasn't happened yet. 

     

  • ArcAngel3ArcAngel3 Member Posts: 2,931
    Originally posted by Reklaw


    img221/4251/esrbthr1.jpg
    +
    TERMS OF USE FOR STAR WARS GALAXIES™: AN EMPIRE DIVIDED™  http://starwarsgalaxies.station.sony.com/en_US/players/content.vm?page=Policies%20Eula&resource=tos
    =
    End of discussion 
     

    If you don't have any taste for legal jargon, just skip to the red letters.  I believe this leaves the door open for discussion, and clearly indicates the limitations of the EULA.  So people that keep saying the EULA allows SOE to get away with anything they want, should really, really read the red letters:

    "10. SOE EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. "

     AND

    "12. IN NO EVENT SHALL SOE, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE, THE GAME OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND – TO THE EXTENT PERMITTED BY APPLICABLE LAW – DAMAGES FOR PERSONAL INJURY, EVEN IF SOE, ITS LICENSORS OR THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF SOE, ITS LICENSORS OR ANY OF THEIR PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST SOE, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE SOE AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU."  (quotations taken directly from the Terms of Use for StarWars Galaxies, as they currently appear on the starwarsgalaxies.station.sony.com webpage, red font added by the poster for emphasis)

    This is a very important point in this discussion.  I hope every time defenders of SOE's dishonest business practices start shouting "EULA EULA!", this gets highlighted.

    I'm still not pushing for legal action personally, but one grows tired of people trying to defend SOE's lies with....more lies or misleading statements.

     

  • FikusOfAhaziFikusOfAhazi Member Posts: 1,835

     

    Originally posted by Opticaleye

    Originally posted by FikusOfAhazi


     Angry much?
    I can say ive never been upset over a game before.
    Can you?
    Interesting how you attempt to put it all back on me as if it is my idea to actually discuss a socalled lawsuit that is never going to happen.But go ahead and try to twist my words again to justify your anger at SOE.I dont mind being your scapegoat if it allows you to vent.
    Have a great day!!!

     

    I Dont get angry too often.

     

    Not over a game. Swg yes, but it was much more than a game.

    Im not angry at SOE. I would want nothing more than to see them be the best company in the industry to be honest. I want to be playing a game made by them.. But even if they delivered everything I wanted, what would be the point if their greed only brought about the same end. Not everything on video game forums should be taken at face value though the discussion Is important.

    I thought you stopped in to chat..seems like I was mistaken. And thank you for letting me vent. I appreciate it.

    See you in the dream..
    The Fires from heaven, now as cold as ice. A rapid ascension tolls a heavy price.

  • AveBethosAveBethos Member Posts: 611

    People hear this and remember it well as I deal with "jargon" on a daily basis....

    SOE nor ANYONE for that matter can EVER take away your right to SUE them.  I don't care if they have 40 pages of implied legal language that appears to give them complete and total authority to do whatever it is they like...

    Everyone has the right to sue and that cannot be undermined by what is written on the back of a box.  SOE could have ABSOLUTELY been taken to court over what they did to their paying customerbase in November of 2005.  Whether or not the classaction suit would have won is unknown.

     

  • MortisRexMortisRex Member UncommonPosts: 350

    Originally posted by ArcAngel3

    Originally posted by Reklaw


    img221/4251/esrbthr1.jpg
    +
    TERMS OF USE FOR STAR WARS GALAXIES™: AN EMPIRE DIVIDED™  http://starwarsgalaxies.station.sony.com/en_US/players/content.vm?page=Policies%20Eula&resource=tos
    =
    End of discussion 
     

    If you don't have any taste for legal jargon, just skip to the red letters.  I believe this leaves the door open for discussion, and clearly indicates the limitations of the EULA.  So people that keep saying the EULA allows SOE to get away with anything they want, should really, really read the red letters:

    "10. SOE EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. "

     AND

    "12. IN NO EVENT SHALL SOE, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE, THE GAME OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND – TO THE EXTENT PERMITTED BY APPLICABLE LAW – DAMAGES FOR PERSONAL INJURY, EVEN IF SOE, ITS LICENSORS OR THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF SOE, ITS LICENSORS OR ANY OF THEIR PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST SOE, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE SOE AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU."  (quotations taken directly from the Terms of Use for StarWars Galaxies, as they currently appear on the starwarsgalaxies.station.sony.com webpage, red font added by the poster for emphasis)

    This is a very important point in this discussion.  I hope every time defenders of SOE's dishonest business practices start shouting "EULA EULA!", this gets highlighted.

    I'm still not pushing for legal action personally, but one grows tired of people trying to defend SOE's lies with....more lies or misleading statements.

     


    Okay, now explain tort laws. Explain what "damages" occured through their "dishonest" business practices. Sony's rootkit caused actual damage by compromising the security of many, many PC's. The success of the class action lawsuit R.E. the rootkit was based on provable, actual damages. If you can't prove damages, you're not going to collect a judgement, unless you have a different understanding of tort law. Suing SoE for changing the fundaments of gameplay is nothing like this, it's more along the lines of suing a local sports team because they traded away all the good players for crappy ones and lost a championship game. It's not actionable. Sure, you can waste the money to retain and attorney and file, but there's no way whatsoever you're going to get a judgement, and any lawyer with half a brain will realize this.

    A "real" internet lawyer would know that the most important section of the EULA as it applies to a class action suit against SoE is:

    2. To play the Game, you must: (i) purchase the Software (as defined below in Paragraph 7) for Star Wars Galaxies: An Empire Divided and any expansion packs you wish to play ; (ii) have a fully paid Account; (iii) have a valid credit card (or, if we wish to make it available, a paid game card); and (iv) have an Internet connection (which we do not provide or pay for) to access your Account. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account. Neither this Agreement nor your Account entitles you to any subsequent releases of the Game and/or the Software, any expansion packs nor similar ancillary products. You understand that we may update or otherwise enhance the Game and/or the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. You understand that online games evolve over time and, accordingly, system requirements to play the Game may change over time.

    It is common and acceptable industry practice to make changes to gameplay throughout the lifespan of a game and while they made some pretty awful changes in terms of gameplay with CE, they did not cause you or your computer harm, they did not stop your access to their services. Did SoE make a bad business decision? Of course they did. Is it actionable? No. You can throw out the name calling and other immature responses people use to shout down those they disagree with, but this is reality of the situation and holding on to this rage is completely unhealthy. Just stop buying their products and move on with your life, there are plenty of other MMORPG's and you aren't hurting anyone but yourself by holding on to this anger and engaging in fantasy based revenge plots.

  • ArcAngel3ArcAngel3 Member Posts: 2,931

    Originally posted by MortisRex


     
    Originally posted by ArcAngel3

    Originally posted by Reklaw


    img221/4251/esrbthr1.jpg
    +
    TERMS OF USE FOR STAR WARS GALAXIES™: AN EMPIRE DIVIDED™  http://starwarsgalaxies.station.sony.com/en_US/players/content.vm?page=Policies%20Eula&resource=tos
    =
    End of discussion 
     

    If you don't have any taste for legal jargon, just skip to the red letters.  I believe this leaves the door open for discussion, and clearly indicates the limitations of the EULA.  So people that keep saying the EULA allows SOE to get away with anything they want, should really, really read the red letters:

    "10. SOE EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. "

     AND

    "12. IN NO EVENT SHALL SOE, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE, THE GAME OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND – TO THE EXTENT PERMITTED BY APPLICABLE LAW – DAMAGES FOR PERSONAL INJURY, EVEN IF SOE, ITS LICENSORS OR THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF SOE, ITS LICENSORS OR ANY OF THEIR PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST SOE, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE SOE AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU."  (quotations taken directly from the Terms of Use for StarWars Galaxies, as they currently appear on the starwarsgalaxies.station.sony.com webpage, red font added by the poster for emphasis)

    This is a very important point in this discussion.  I hope every time defenders of SOE's dishonest business practices start shouting "EULA EULA!", this gets highlighted.

    I'm still not pushing for legal action personally, but one grows tired of people trying to defend SOE's lies with....more lies or misleading statements.

     


    Okay, now explain tort laws. Explain what "damages" occured through their "dishonest" business practices. Sony's rootkit caused actual damage by compromising the security of many, many PC's. The success of the class action lawsuit R.E. the rootkit was based on provable, actual damages. If you can't prove damages, you're not going to collect a judgement, unless you have a different understanding of tort law. Suing SoE for changing the fundaments of gameplay is nothing like this, it's more along the lines of suing a local sports team because they traded away all the good players for crappy ones and lost a championship game. It's not actionable. Sure, you can waste the money to retain and attorney and file, but there's no way whatsoever you're going to get a judgement, and any lawyer with half a brain will realize this.

     

    A "real" internet lawyer would know that the most important section of the EULA as it applies to a class action suit against SoE is:

    2. To play the Game, you must: (i) purchase the Software (as defined below in Paragraph 7) for Star Wars Galaxies: An Empire Divided and any expansion packs you wish to play ; (ii) have a fully paid Account; (iii) have a valid credit card (or, if we wish to make it available, a paid game card); and (iv) have an Internet connection (which we do not provide or pay for) to access your Account. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account. Neither this Agreement nor your Account entitles you to any subsequent releases of the Game and/or the Software, any expansion packs nor similar ancillary products. You understand that we may update or otherwise enhance the Game and/or the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. You understand that online games evolve over time and, accordingly, system requirements to play the Game may change over time.

    It is common and acceptable industry practice to make changes to gameplay throughout the lifespan of a game and while they made some pretty awful changes in terms of gameplay with CE, they did not cause you or your computer harm, they did not stop your access to their services. Did SoE make a bad business decision? Of course they did. Is it actionable? No. You can throw out the name calling and other immature responses people use to shout down those they disagree with, but this is reality of the situation and holding on to this rage is completely unhealthy. Just stop buying their products and move on with your life, there are plenty of other MMORPG's and you aren't hurting anyone but yourself by holding on to this anger and engaging in fantasy based revenge plots.


    I don't feel any rage at all actually, and tbh I've made my peace with SOE outside of legal channels.  I'm not engaging in any revenge fantasies, just participating in a thought provoking discussion on consumer rights.

    One thing I disagree with in your post though is the idea that SOE's business practices were "common and acceptable."  Changes in the lifespan of a game that are common would be minor changes to "balance" combat, or adding content through expansions.  You see this all the time in City of Heroes and Villains for example.  Also other games truly do "enhance" their graphics over time for example.  SOE, in contrast, removed dozens of professions, skills and animations, and called this a game "enhancement."  True game enhancements are common and acceptable.  What SOE did was neither.  Calling it an enhancement, doesn't mean it really was. (more mind games from SOE; I'm not surprised)

    Also, as it's been stated, they knowingly advertised a product they knew they were going to delete immediately after receiving payment, and that's just one example of the way they misled the consumer.  Their actions didn't cause me any physical injury, but they took an awful lot of people for a nasty psychological trip.

    Harm is NOT measured only in terms of physical injury or material damage.  Even though I'm not a "real" lawyer, I studied law long enough to recognize that, and the lawyers that have worked for and with me would certainly confirm that 

    Also, I really don't want "the old game back" at this point.  I have moved on, as you suggest.  I'm feeling quite happy as a matter of fact lol.  The O.P. started an interesting discussion, and tbh I wouldn't mind seeing SOE held accountable for unethical business practices by the law.  That's not revenge my friend, that's feeling good when injustice is addressed through proper channels.

  • miagisanmiagisan Member Posts: 5,156

    i'll beleive it when i see it...i seen too many of you blow a ton of smoke

    image

  • ReklawReklaw Member UncommonPosts: 6,495

     

    Originally posted by ArcAngel3

    Originally posted by Reklaw


    img221/4251/esrbthr1.jpg
    +
    TERMS OF USE FOR STAR WARS GALAXIES™: AN EMPIRE DIVIDED™  http://starwarsgalaxies.station.sony.com/en_US/players/content.vm?page=Policies%20Eula&resource=tos
    =
    End of discussion 
     

    If you don't have any taste for legal jargon, just skip to the red letters.  I believe this leaves the door open for discussion, and clearly indicates the limitations of the EULA.  So people that keep saying the EULA allows SOE to get away with anything they want, should really, really read the red letters:

    "10. SOE EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. "

     AND

    "12. IN NO EVENT SHALL SOE, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE, THE GAME OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND – TO THE EXTENT PERMITTED BY APPLICABLE LAW – DAMAGES FOR PERSONAL INJURY, EVEN IF SOE, ITS LICENSORS OR THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF SOE, ITS LICENSORS OR ANY OF THEIR PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST SOE, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE SOE AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU."  (quotations taken directly from the Terms of Use for StarWars Galaxies, as they currently appear on the starwarsgalaxies.station.sony.com webpage, red font added by the poster for emphasis)

    This is a very important point in this discussion.  I hope every time defenders of SOE's dishonest business practices start shouting "EULA EULA!", this gets highlighted.

    I'm still not pushing for legal action personally, but one grows tired of people trying to defend SOE's lies with....more lies or misleading statements.

     

    nvm

  • SioBabbleSioBabble Member Posts: 2,803

    Originally posted by Dracus


     
    Originally posted by SioBabble


    Unless one of the disgruntled preCU types is Warren Buffet or George Soros, and has deep enough pockets to take on Sony and Lucas Arts, none of this is going to happen.
    "That is your uncle talking."

     

    Sony-BMG lost a class-action lawsuit due to the "anti-piracy" programs in music CD's.  The right to take claim in the settlement expired as of June 30th of this year.

    The information can be found at the Electronic Frontier Foundation's website.

     


    Different kettle of fish altogether, the SONY-BMG lawsuit.  Different issues at hand.

    I'm not saying it's impossible, but unlikely unless someone with pockets as deep as SOE and LA comes along and is willing to litigate for a long time to get results.  With the exception of the ToOW expansion's bait and switch implications, the other issues would be breaking new ground at least in the US.

    If some firm could be enticed into taking them on, well, more power to them.  I just don't think that it's likely to happen without someone who sees a huge payday if they win, or is a passionate preCU SWG player who shares the anger of so many in that group and has the legal resources to take on the issue.

    CH, Jedi, Commando, Smuggler, BH, Scout, Doctor, Chef, BE...yeah, lots of SWG time invested.

    Once a denizen of Ahazi

  • MoiraeMoirae Member RarePosts: 3,318
    Originally posted by Drex


    SOE has wasted my time and money and I want it all back for what they did!  I dont need to tell you why, its all been said before.  If you agree and dont want to take it anymore...
    /sign

    Oh grow up.

  • Esquire1980Esquire1980 Member UncommonPosts: 568

    Originally posted by SioBabble


     
    Originally posted by Dracus


     
    Originally posted by SioBabble


    Unless one of the disgruntled preCU types is Warren Buffet or George Soros, and has deep enough pockets to take on Sony and Lucas Arts, none of this is going to happen.
    "That is your uncle talking."

     

    Sony-BMG lost a class-action lawsuit due to the "anti-piracy" programs in music CD's.  The right to take claim in the settlement expired as of June 30th of this year.

    The information can be found at the Electronic Frontier Foundation's website.

     


    Different kettle of fish altogether, the SONY-BMG lawsuit.  Different issues at hand.

     

    I'm not saying it's impossible, but unlikely unless someone with pockets as deep as SOE and LA comes along and is willing to litigate for a long time to get results.  With the exception of the ToOW expansion's bait and switch implications, the other issues would be breaking new ground at least in the US.

    If some firm could be enticed into taking them on, well, more power to them.  I just don't think that it's likely to happen without someone who sees a huge payday if they win, or is a passionate preCU SWG player who shares the anger of so many in that group and has the legal resources to take on the issue.


    It is not just  the pre CU player base that is affected.  Sony, in effect, has made 3 and is working on 4, currantly, player bases.  They had the original player base with the original game.  The moved to the CU player base.  Then, believe it or not, they created ANOTHER player base after the NGE.  They destroyed this player base, had another exedus, and are working on another player base with Chapter 6 Combat Downgrade just 2 months ago.

    They continue to implement MASSIVE so called changes to the game.  Its on their own boards, by currant players,  that after 4 years, the game remains in beta testing.  Apperarently, they learned nothing by the mass exedus that occured with CU and NGE.  Their reasoning, posted on their boards, for CUNGE was to attrack new players, now with C6, they suddenly do not care about new players and are going after the ones who left with the CUNGE.  Its like they have sold Lincolns, repo-ed the lincoln and replaced it with a Mercury, took the Mercury, replaced it with a Pinto, and finally took the Pinto back and replaced it with a go-cart.  And believe it or not, there are actually people who were satified or simply settled for the pinto, and it seems, even the go-cart.

    Smedley was quoted as haveing 100K subs at the moment and gaining 10K subs since C6.  Of cource this number was not "backed up" with any hard and fast fact.  I find this to be another SOE misleading statment as they do actually put out some numbers.  The entire officer base for GCW, on 26 servers, is a little over 11,000.  And the GCW has the best buffs, items, in the game.  These numbers also include about 700 "demotions" which are probably another 6% that have left the game.  I know that my toon is 1 of them.  More mis-leading statments and advertising to gain a few more subs they can move to a bicycle in a few months.

    In all my 51 years, I have not seen a Corporate mindset such as this, and I've read case reporters for quite some time now.  They have set, in my opinion anyway, a dangerous precident with the entire industry.  (As things you can get away with)  Contrary to some belief here, there are consumer protection, case, and Statute Law to deal with such issues and legal action is about the only way to enforce these.  All of the player bases need to unite to tell SOE/LA, and the entire industry, that they can not  "get away" with this type of consumer fraud.

  • DownMonkeyDownMonkey Member CommonPosts: 159

    Originally posted by Esquire1980
    ...with this type of consumer fraud.

    Jessh you SWG cry babies REALLY need to get over this, REALLY need to get over it.  Lets sue SOE and then while we're at it why don't a few people sue Blizzard because their Rogue got "nurfed" and so on and so on.

    Dear Gods.

    image

  • AsterivethAsteriveth Member UncommonPosts: 109

    One would think that someone has killed these peoples children.

    My goodness people IT IS JUST A GAME.

    Quit assigning it any more importance than that. If a game can make you this angry, it may be time to seek some sort of professional help.

     

  • MoiraeMoirae Member RarePosts: 3,318
    Originally posted by Asteriveth


    One would think that someone has killed these peoples children.
    My goodness people IT IS JUST A GAME.
    Quit assigning it any more importance than that. If a game can make you this angry, it may be time to seek some sort of professional help.
     

    No kidding. This is ridiculous. Its a bloody game. Get over it.

  • SuvrocSuvroc Member Posts: 2,383

    Originally posted by Moirae

    Originally posted by Asteriveth


    One would think that someone has killed these peoples children.
    My goodness people IT IS JUST A GAME.
    Quit assigning it any more importance than that. If a game can make you this angry, it may be time to seek some sort of professional help.
     

    No kidding. This is ridiculous. Its a bloody game. Get over it.

    If it was just a game then SOE would be running it for free.

  • AsterivethAsteriveth Member UncommonPosts: 109
    Originally posted by Suvroc


     
    Originally posted by Moirae

    Originally posted by Asteriveth


    One would think that someone has killed these peoples children.
    My goodness people IT IS JUST A GAME.
    Quit assigning it any more importance than that. If a game can make you this angry, it may be time to seek some sort of professional help.
     

    No kidding. This is ridiculous. Its a bloody game. Get over it.

     

    If it was just a game then SOE would be running it for free.

    Now that is a great point. (note the sarcasm)

  • FikusOfAhaziFikusOfAhazi Member Posts: 1,835
    Originally posted by Moirae


    No kidding. This is ridiculous. Its a bloody game. Get over it.

    If bought windows xp..installed it. Worked ok for years. Downloaded an update for it that said it would make it better and it changed it to windows 95 would you say get over it its just an Operating system. I know its not the same thing really...but they are a business and we are consumers. the fact that its a game is irrelevent. Why do people get upset about discussing their rights? I DONT want or think SOE should be sued. However, I think is wise to educate ourselves for the future. If companies know their customers know their rights, they're less likely to to act in unethical ways.

    See you in the dream..
    The Fires from heaven, now as cold as ice. A rapid ascension tolls a heavy price.

  • DownMonkeyDownMonkey Member CommonPosts: 159

    Originally posted by FikusOfAhazi

    Originally posted by Moirae


    No kidding. This is ridiculous. Its a bloody game. Get over it.

    If bought windows xp..installed it. Worked ok for years. Downloaded an update for it that said it would make it better and it changed it to windows 95 would you say get over it its just an Operating system. I know its not the same thing really...but they are a business and we are consumers. the fact that its a game is irrelevent. Why do people get upset about discussing their rights? I DONT want or think SOE should be sued. However, I think is wise to educate ourselves for the future. If companies know their customers know their rights, they're less likely to to act in unethical ways.

    Look, no offence but if in your words you "know it's not the same" why use it as a point at all.  The fact of the matter is that they didn't do anything like change Windows XP to 95, they changed the way you engage in combat in a game.  They didn't do it to upset people, they didn't do it because they thought it was a funny way to ruin the game they THOUGHT they were helping to fix a broken mess of a game.  It was a big mistake, it's been said by SOE already that they see it was a big mistake and that they have learned from it.  EQ2 just happens to be one of the only MMORPGs I know of where the players are really listened to.

    We don't get upset about people discussing their rights, we get SICK of the same old SOE whines day in and day out.  MMORPGs change EVERY day, it's the nature of the beast, this class gets a buff, that class gets a nurf and so on.  The only leg I really see people having to stand on over all this is the way people felt mislead over the Trials expansion.

    image

  • stevesmithjrstevesmithjr Member Posts: 257

    If the game were free there wouldn't be any fuss about it. Since most of us invested a considerable amount of time and money into it, especially under the premise of it going towards one thing, and then ending up with something completely different, we definitely have a right to bitch and complain about it. I mean, what the hell do you think is gonna happen? People feel cheated, and they're going to vent their emotions until they feel some sort of justice has been dealt.

    So I'm sorry, I'm not buying the "It's just a game, get over it" BS. You think this is just one big game to SOE/LA? No, it's business, and bad business at that. So to you folks who have a problem with us pissed off angry gamers: STFU and GTFO. This isn't the thread for you.

    Classic SWG > CUNGE

  • stevesmithjrstevesmithjr Member Posts: 257

    And yes, count me in.

    Where do I sign up?

    Classic SWG > CUNGE

  • MoiraeMoirae Member RarePosts: 3,318

    Steve, you have a right to bitch and complain to a point. Bitching and complaining about it years after the fact when you've supposedly moved on is just being childish.

  • AsterivethAsteriveth Member UncommonPosts: 109

    Well then who exactly is the thread for? Is it just one big "oh my feelings are hurt are yours too?" group discussion?

This discussion has been closed.