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Taking legal action against The Secret World

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  • wyldmagikwyldmagik Member UncommonPosts: 516
    Originally posted by ashleymorrow
    I don't read every thread on mmorpg.com or even every thread for the games I am playing/interested in. But as ignorance seems no barrier to entry I nominate this thread for 'Silliest of 2012'.

    Not so much that but also, I see these threads all over the net on gaming forums, and its like they have all been overdosed on watching legal drama shows or something lol. I just LOL and pass the thread but you are right this is so amusing it has to be skipped through for some giggles.

     

  • RemyVorenderRemyVorender Member RarePosts: 4,006

    Man, I wish that a situation like this was a big enough problem in my life to want to take legal action because of it. Like seriously? This is where your priorities are? Wow...

     

    Joined 2004 - I can't believe I've been a MMORPG.com member for 20 years! Get off my lawn!

  • AwDiddumsAwDiddums Member UncommonPosts: 416

    What makes it even worse is the OP has told only half truths, take this to a court and you'll be wasting your money as Funcom have put in place ways to compensate Lifetime subs that would be deemed by any court as fair restitution.

    Making a post here stating your going to court was probably all the action the OP intended, very much like all the WoW kiddies yesterday screaming and shouting how they would demand extra time,refunds and quitting their subs because there was a login issue, now that the game is up there isn't a peep from any of them, they are all now suckling up to their favourite game again, it was a case of drama for drama's sake.

     

     

     

  • The_ArgoThe_Argo Member UncommonPosts: 15

    Any game with a life time sub option is destined to run into trouble. Why? Because a life time sub is only a play to get people to pay AS MUCH MONEY AS POSSIBLE before the decay sets in and the problems arise.

     

    DC Universe

    Star Trek Online

    Age of Conan

    Champions Online

    And many more, ALL had life time subs, ALL dive bombed after a while.

     

    [mod edit]

     

     

     

  • ScarfeScarfe Member Posts: 281
    This thread should have died ages ago.  When you take legal action (unless you have been defamed I guess) you make a commercial decision; will it cost me more in time and money than I can get out of it.  In this case the answer is a huge capitalised yes.  I haven't bothered to make it huge or capitalised cause thats the way my trousers hang.  If you do not make a commercial decision you are the twat taking out a second mortgage to argue for three years over the position of the fence in your backgarden.

    currently playing: DDO, AOC, WoT, P101

  • banzai014banzai014 Member Posts: 27
    Originally posted by Abangyarudo
    what I find amazing is if I read the op right he is not a lifetime subscriber hes a regular subber that has a few months left. So all this talk about life time subscription is meaningless because the person in question does not have one.

    This is correct. And in the end, I did get my $18 back from Funcom, continued access to the game plus sweeteners in the form of 10,000 bonus points and a lifetime subscription to Age of Conan for the inconvenience. So in the end people power does work.

    [mod edit] The massive promotion of cash shop costumes on the forums and decrease in game quality and stability (see the "End of Days" event debacle, massive clothing clipping) just show to me that this game is heading irreversibly downhill and is not worth my time. Free hard drive space is worth more. This whole affair has soured my relations with Funcom to the utmost. I am ready to burn every bridge I have with the company and its products.

    Meanwhile I am very disappointed by the responses in this thread asking me to just let things be, and take it up the behind. It is good to know that when push comes to shove, people will support the greedy, double-dealing company over the common gamer. My experience could have very much been yours. When your own crisis comes up, I hope you reconsider your stance when your room mates get together with your landlord to have you evicted unjustly, your neighbours side with the city council when your house gets demolished or your fellow workmates conspire with the boss in getting you laid off.   

    Why would you want to damage the integrity of your consumer rights?   Why support companies who pull these stunts? It could be your P2P MMO that goes F2P next. I consider you equal to someone saying that War Z adopters should not get their $15 refund back, because people should have known that it was "unfinished" (going to go B2P in TSW's case). I hope you Grandmasters are happy with the 1200 points Funcom has so graciously let you have, rather than protesting on these forums. 

  • MarirranyaMarirranya Member Posts: 154

    im glad you got the compensation that you were looking for :3

    cheers and goodluck!

    There are people who play games and then there are gamers.

    http://alzplz.blogspot.com

  • Po_ggPo_gg Member EpicPosts: 5,749
    Originally posted by banzai014

    ...  and a lifetime subscription to Age of Conan for the inconvenience.

    Wait a sec... since when they have lta to AoC? I see only a 1year pack on the account page.

    I want one too, I will take legal action agai.... just kidding :) But not on the want part, anyone can find a link to a lifetime AoC purchase? It's a new info to me that those subscriptions are even exists.

  • synnsynn Member UncommonPosts: 563
    is any MMO that offered a life time membership going strong? I personally try to avoid any game that offers a life time membership just based on previous games that tried to do the same thing.
  • avalon1000avalon1000 Member UncommonPosts: 791
    Contracts are not written in stone and many lawsuits have been brought about even with contracts (and won);.
  • Loke666Loke666 Member EpicPosts: 21,441
    Originally posted by Teala
    See, it is for this very reason that lifetime subs are worthless.

    Agreed, since most P2P games seems to become F2P games fast now it is a gamble at least.

    "Worthless" might be a little too much though since you otherwise would have to payed $15 a month until the game goes F2P but it surely aint worth the price they charge for it.

    TSW should have released as B2P from the beginning, it would have given FunCom more money and less upset players.

  • PhryPhry Member LegendaryPosts: 11,004
    Originally posted by synn
    is any MMO that offered a life time membership going strong? I personally try to avoid any game that offers a life time membership just based on previous games that tried to do the same thing.

    Currently, i don't think there is, its sort of becoming an 'alert flag' on a game if it launches with a lifetime subscription option. The amazing thing though, is that people still buy them, once a sucker always a sucker i guess image

  • Po_ggPo_gg Member EpicPosts: 5,749

    I think lta is not about the game, it's about the player (how much (s)he likes the game, and wether is it worth the trust enough).

    I don't have any lta, but I'd like to have them in my favourite games for the convenience (except STO, there's no point to go lifer, sorry Cryptic :) ). Too bad, LotRO - and as I thought AoC - don't offer lifetime subs anymore. In TSW I plan to get the GM pack, I just wait for Issue#6 to see how are they releasing DLC's (content-wise, and with the pricing).

  • WarleyWarley Member UncommonPosts: 508

    @OP,

    I know a good lawyer that would be able to uncover the scams and prove them in this case!  His name is Matlock!  Very famous lawyer!

  • WhiteLanternWhiteLantern Member RarePosts: 3,319
    Originally posted by Warley

    @OP,

    I know a good lawyer that would be able to uncover the scams and prove them in this case!  His name is Matlock!  Very famous lawyer!

    Just one problem.......

    I want a mmorpg where people have gone through misery, have gone through school stuff and actually have had sex even. -sagil

  • SevenwindSevenwind Member UncommonPosts: 2,188
    Originally posted by Po_gg
    Originally posted by banzai014

    ...  and a lifetime subscription to Age of Conan for the inconvenience.

    Wait a sec... since when they have lta to AoC? I see only a 1year pack on the account page.

    I want one too, I will take legal action agai.... just kidding :) But not on the want part, anyone can find a link to a lifetime AoC purchase? It's a new info to me that those subscriptions are even exists.

    That's because the OP is probably not telling the truth. AoC never offered lifetime subs for sale and only gave out a few lifetime subs in contests before they went F2P. 

    .. .... .- - . - .-. --- .-.. .-.. ... .-- .... --- .-. . .--. --- .-. - .-.-.-

    --------------------------------------------------------
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  • YamotaYamota Member UncommonPosts: 6,593

    This thread still going?

    Forget about it man. Put it down as a loss and lesson learned never to buy a lifetime subscription again and move on. In the era of failing sub. based games going F2P you should never get a lifetime sub.

  • DauzqulDauzqul Member RarePosts: 1,982
    Funcom certainly had a series of lawyers look this over before they changed their sub plan. However, since they went FTP so quickly, there may be a case. Their drastic and instant change of plan isn't what a "reasonable" company would do.
  • Ashar1972Ashar1972 Member UncommonPosts: 24

    What I find interesting in this debate, is the use of the words Lifetime Subscription. EULA's and such aside, the question stands, is it fair and reasonable for a customer to believe they are purchasing a subscription for the lifetime of the game? Legally that is, not under the judgement of other MMO players who may have no idea of court precedents in their own jurisdiction, little alone in another's or internationally.

     

    I would put it to the MMO industry that if you are going to use such language then you are fortunate that you don't appear more often before legal instruments of associated jurisdictions when you do not fulfil your implied offer, which was for the life of the game.

     

    To give an example, in Australia, a telecommunications company offered "Unlimited" broadband for $x, but when you read the fine-print there were indeed limitations. The courts weren't so much interested in "didn't you read the TOS or EULA [insert insult at OP]" but instead about this language being deceptive and misleading. I know this is not the only case of it's kind amongst many Western jurisdictions.

     

    I am fairly certain Norwegian law follows fair and reasonable tests in cases. This aspect of the questions presented by this situation is actually quite important to this industry. Why are companies allowed to get away with possibly misleading and deceptive advertising and systems? It has nothing to do with EULA's and ToS, and I think more to do wish consumer apathy. We expect MMO companies to not have to live up to their end of the deal, and that should be unacceptable.

     

    Whether or not someone gets their money's worth is mostly subjective in these forums, but it probably would also be another question, in particular if the complainant is seeking compensation, as opposer to ruling on misleading and deceptive behaviour by companies, in this case Funcom and EA (or whoever had responsibility for the membership policies) Courts also take into consideration a whole heap of other relevant information, such as the power imbalance in the processes of purchase, activation of rights, etc. Furthermore, the OP may not have to present to a lawyer directly, instead petitioning to an authoritative body which overseas company/corporate conduct within their jurisdiction. While Norway is not a member of the EU, it is a treaty signatory to heaps of EU legislative agreements, I am pretty sure here also corporate behaviour being one of them.

     

    Given all that I think this would be an important test case, if all the facts held. It might force games companies to take a step back on using language which when things get tough through their poor decision making, they have no interest in upholding. I would not expect Massively or MMORPG, or any other gaming "journalism" company to offer the OP advice on the matter. In MMORPG's case, this is one of their advertisers, and that relationship could make them offering advice detrimental to their partnership problematic.

     

    Furthermore, I am also a LTS for TSW. My interest is less about how much financial/in-game compensation they are giving me, and moreso that they will continue to provide a game that I find very much to my liking. If there are financial considerations, then it is that I would not be spending more than I would have anyway, and so far I haven't, and cannot foresee that happening. That does not excuse them though for being deceptive or misleading, even if it almost seems like an industry standard, and they should (as other companies) be made to account for their actions.

  • PhryPhry Member LegendaryPosts: 11,004
    Originally posted by Ashar1972

    What I find interesting in this debate, is the use of the words Lifetime Subscription. EULA's and such aside, the question stands, is it fair and reasonable for a customer to believe they are purchasing a subscription for the lifetime of the game? Legally that is, not under the judgement of other MMO players who may have no idea of court precedents in their own jurisdiction, little alone in another's or internationally.

     

    I would put it to the MMO industry that if you are going to use such language then you are fortunate that you don't appear more often before legal instruments of associated jurisdictions when you do not fulfil your implied offer, which was for the life of the game.

     

    To give an example, in Australia, a telecommunications company offered "Unlimited" broadband for $x, but when you read the fine-print there were indeed limitations. The courts weren't so much interested in "didn't you read the TOS or EULA [insert insult at OP]" but instead about this language being deceptive and misleading. I know this is not the only case of it's kind amongst many Western jurisdictions.

     

    I am fairly certain Norwegian law follows fair and reasonable tests in cases. This aspect of the questions presented by this situation is actually quite important to this industry. Why are companies allowed to get away with possibly misleading and deceptive advertising and systems? It has nothing to do with EULA's and ToS, and I think more to do wish consumer apathy. We expect MMO companies to not have to live up to their end of the deal, and that should be unacceptable.

     

    Whether or not someone gets their money's worth is mostly subjective in these forums, but it probably would also be another question, in particular if the complainant is seeking compensation, as opposer to ruling on misleading and deceptive behaviour by companies, in this case Funcom and EA (or whoever had responsibility for the membership policies) Courts also take into consideration a whole heap of other relevant information, such as the power imbalance in the processes of purchase, activation of rights, etc. Furthermore, the OP may not have to present to a lawyer directly, instead petitioning to an authoritative body which overseas company/corporate conduct within their jurisdiction. While Norway is not a member of the EU, it is a treaty signatory to heaps of EU legislative agreements, I am pretty sure here also corporate behaviour being one of them.

     

    Given all that I think this would be an important test case, if all the facts held. It might force games companies to take a step back on using language which when things get tough through their poor decision making, they have no interest in upholding. I would not expect Massively or MMORPG, or any other gaming "journalism" company to offer the OP advice on the matter. In MMORPG's case, this is one of their advertisers, and that relationship could make them offering advice detrimental to their partnership problematic.

     

    Furthermore, I am also a LTS for TSW. My interest is less about how much financial/in-game compensation they are giving me, and moreso that they will continue to provide a game that I find very much to my liking. If there are financial considerations, then it is that I would not be spending more than I would have anyway, and so far I haven't, and cannot foresee that happening. That does not excuse them though for being deceptive or misleading, even if it almost seems like an industry standard, and they should (as other companies) be made to account for their actions.

    It would only be an interesting test case if it didnt get thrown out of court in the first place, but as its doubtful it will even get that far, it really doesnt matter.  This whole situation is really an attempt to force an out of court settlement of some kind, Funcom would in fact be better off letting them go to the expense of attempting to bring legal proceedings, and just simply let it get thrown out, force them to waste their money chasing unicorns. These people with their constant litigation attempts against various MMO companies, are nothing more than ambulance chasers, dubious legal standings and dubious moral practices included. image

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  • Ashar1972Ashar1972 Member UncommonPosts: 24
    Originally posted by Phry
    Originally posted by Ashar1972

    What I find interesting in this debate, is the use of the words Lifetime Subscription. EULA's and such aside, the question stands, is it fair and reasonable for a customer to believe they are purchasing a subscription for the lifetime of the game? Legally that is, not under the judgement of other MMO players who may have no idea of court precedents in their own jurisdiction, little alone in another's or internationally.

     

    I would put it to the MMO industry that if you are going to use such language then you are fortunate that you don't appear more often before legal instruments of associated jurisdictions when you do not fulfil your implied offer, which was for the life of the game.

     

    To give an example, in Australia, a telecommunications company offered "Unlimited" broadband for $x, but when you read the fine-print there were indeed limitations. The courts weren't so much interested in "didn't you read the TOS or EULA [insert insult at OP]" but instead about this language being deceptive and misleading. I know this is not the only case of it's kind amongst many Western jurisdictions.

     

    I am fairly certain Norwegian law follows fair and reasonable tests in cases. This aspect of the questions presented by this situation is actually quite important to this industry. Why are companies allowed to get away with possibly misleading and deceptive advertising and systems? It has nothing to do with EULA's and ToS, and I think more to do wish consumer apathy. We expect MMO companies to not have to live up to their end of the deal, and that should be unacceptable.

     

    Whether or not someone gets their money's worth is mostly subjective in these forums, but it probably would also be another question, in particular if the complainant is seeking compensation, as opposer to ruling on misleading and deceptive behaviour by companies, in this case Funcom and EA (or whoever had responsibility for the membership policies) Courts also take into consideration a whole heap of other relevant information, such as the power imbalance in the processes of purchase, activation of rights, etc. Furthermore, the OP may not have to present to a lawyer directly, instead petitioning to an authoritative body which overseas company/corporate conduct within their jurisdiction. While Norway is not a member of the EU, it is a treaty signatory to heaps of EU legislative agreements, I am pretty sure here also corporate behaviour being one of them.

     

    Given all that I think this would be an important test case, if all the facts held. It might force games companies to take a step back on using language which when things get tough through their poor decision making, they have no interest in upholding. I would not expect Massively or MMORPG, or any other gaming "journalism" company to offer the OP advice on the matter. In MMORPG's case, this is one of their advertisers, and that relationship could make them offering advice detrimental to their partnership problematic.

     

    Furthermore, I am also a LTS for TSW. My interest is less about how much financial/in-game compensation they are giving me, and moreso that they will continue to provide a game that I find very much to my liking. If there are financial considerations, then it is that I would not be spending more than I would have anyway, and so far I haven't, and cannot foresee that happening. That does not excuse them though for being deceptive or misleading, even if it almost seems like an industry standard, and they should (as other companies) be made to account for their actions.

    It would only be an interesting test case if it didnt get thrown out of court in the first place, but as its doubtful it will even get that far, it really doesnt matter.  This whole situation is really an attempt to force an out of court settlement of some kind, Funcom would in fact be better off letting them go to the expense of attempting to bring legal proceedings, and just simply let it get thrown out, force them to waste their money chasing unicorns. These people with their constant litigation attempts against various MMO companies, are nothing more than ambulance chasers, dubious legal standings and dubious moral practices included. image

    I gather this means you will be the presiding judge then? MMO companies are doing a great job of wasting their investors money all by their own, but none of that addresses what I raised about responsability for the language used. While I am sure there are a number of ambulance chasers, after nearly two decades in social justice and community advocacy, I am also acutely aware that the ambulance chasers are in the minority. Most importantly though how does your response add to the conversation?

  • TheLizardbonesTheLizardbones Member CommonPosts: 10,910

    This thread gets my vote for the most stupid posts trying to sound smart.

    I can not remember winning or losing a single debate on the internet.

  • nukempronukempro Member Posts: 76
    Originally posted by Ashar1972
    Originally posted by Phry
    Originally posted by Ashar1972

    What I find interesting in this debate, is the use of the words Lifetime Subscription. EULA's and such aside, the question stands, is it fair and reasonable for a customer to believe they are purchasing a subscription for the lifetime of the game? Legally that is, not under the judgement of other MMO players who may have no idea of court precedents in their own jurisdiction, little alone in another's or internationally.

     

    I would put it to the MMO industry that if you are going to use such language then you are fortunate that you don't appear more often before legal instruments of associated jurisdictions when you do not fulfil your implied offer, which was for the life of the game.

     

    To give an example, in Australia, a telecommunications company offered "Unlimited" broadband for $x, but when you read the fine-print there were indeed limitations. The courts weren't so much interested in "didn't you read the TOS or EULA [insert insult at OP]" but instead about this language being deceptive and misleading. I know this is not the only case of it's kind amongst many Western jurisdictions.

     

    I am fairly certain Norwegian law follows fair and reasonable tests in cases. This aspect of the questions presented by this situation is actually quite important to this industry. Why are companies allowed to get away with possibly misleading and deceptive advertising and systems? It has nothing to do with EULA's and ToS, and I think more to do wish consumer apathy. We expect MMO companies to not have to live up to their end of the deal, and that should be unacceptable.

     

    Whether or not someone gets their money's worth is mostly subjective in these forums, but it probably would also be another question, in particular if the complainant is seeking compensation, as opposer to ruling on misleading and deceptive behaviour by companies, in this case Funcom and EA (or whoever had responsibility for the membership policies) Courts also take into consideration a whole heap of other relevant information, such as the power imbalance in the processes of purchase, activation of rights, etc. Furthermore, the OP may not have to present to a lawyer directly, instead petitioning to an authoritative body which overseas company/corporate conduct within their jurisdiction. While Norway is not a member of the EU, it is a treaty signatory to heaps of EU legislative agreements, I am pretty sure here also corporate behaviour being one of them.

     

    Given all that I think this would be an important test case, if all the facts held. It might force games companies to take a step back on using language which when things get tough through their poor decision making, they have no interest in upholding. I would not expect Massively or MMORPG, or any other gaming "journalism" company to offer the OP advice on the matter. In MMORPG's case, this is one of their advertisers, and that relationship could make them offering advice detrimental to their partnership problematic.

     

    Furthermore, I am also a LTS for TSW. My interest is less about how much financial/in-game compensation they are giving me, and moreso that they will continue to provide a game that I find very much to my liking. If there are financial considerations, then it is that I would not be spending more than I would have anyway, and so far I haven't, and cannot foresee that happening. That does not excuse them though for being deceptive or misleading, even if it almost seems like an industry standard, and they should (as other companies) be made to account for their actions.

    It would only be an interesting test case if it didnt get thrown out of court in the first place, but as its doubtful it will even get that far, it really doesnt matter.  This whole situation is really an attempt to force an out of court settlement of some kind, Funcom would in fact be better off letting them go to the expense of attempting to bring legal proceedings, and just simply let it get thrown out, force them to waste their money chasing unicorns. These people with their constant litigation attempts against various MMO companies, are nothing more than ambulance chasers, dubious legal standings and dubious moral practices included. image

    I gather this means you will be the presiding judge then? MMO companies are doing a great job of wasting their investors money all by their own, but none of that addresses what I raised about responsability for the language used. While I am sure there are a number of ambulance chasers, after nearly two decades in social justice and community advocacy, I am also acutely aware that the ambulance chasers are in the minority. Most importantly though how does your response add to the conversation?

    What about personal responsibility? You know that your own actions have accountability....if you read the TOA and EULA for whatever mmo...and still decide to buy it...you get what you get. That's the chance you took. They make it pretty clear that they can do whatever they want, whenver they want. YOU agreed to that. Why? If you didn't agree with it you should have closed it and been done with it. But judging from your post your nothing but a filthy socialist. Go take your Social justice and community bull and go read a book about the fall of the soviet union.

  • Dreamo84Dreamo84 Member UncommonPosts: 3,713
    Judge Judy I think

    image
This discussion has been closed.