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Taking legal action against The Secret World
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To be fair, ToS and EULA's haven't really been tested in court. Generally, whenever legal action is initiated or hinted at, the cmopanies quietly settle the matter or change the policy in question, rather than risk a jury trial setting a bad (from their prospective) precedent.
The most likely outcome is that in the next few days to weeks, Funcom will indeed change some of the details, particularly in regards to what lifetime subscribers get.
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How exactly is it a better deal than previously? As I understand before they had to pay for NOTHING, now they will have to potentially pay for DLC.
nope FC is giving the the points(free) to pay for any DLC coming if they want too or they could just spend the points on other cash shop stuff. They are losing nothing, but their minds, it seems
Yes, but remember that you used to get points to spend on the cs before and had no dlc to buy. Now you have to buy the dlc so the content is not part of the deal.
they increased the amount of FC points you get per month though, wether you decide to buy the dlc or a new outfit is up to you.. it seems like your mad because you now can and have to make a choice?
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it's great, only for everyone who didn't buy the 200$ lifetime sub on release.
I already HAD my B2P with that!
now I get loads of points but I don't buy clothing to play dolly!!!
you tell me how to spend those points, others get to play the whole game for ridiculous 30$ now. THANKS FC!!!
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That isn't the "right" thing, that is the thing you would like them to do.
2 different things.
They offered you compensation, you do not like it. Well, you gotta deal with it, they are not obliged to compensate you to your liking.
Stop confusing the matter.
No, it's the point that before I would get less but I would get ALL the content. Now you have to decide between shop or content.
The problem is that there has been no court has ruled on EULA's or TOS's as a whole. Instead, they just focus on a few parts of the particular license as it applies to that particular product. They've been very deliberate in not ruling on anything more broadly.
You make me like charity
Really? This is the battle you are choosing to fight? it's so inconsequential. You really want to take them to court over small bits of money?
And are you suing them for your refund? Why don't you just demand a refund (in a professional way and not a ranting way) and see if you get it.
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So then I'm sure you can provide examples of developers being sued and losing after switching from subscription only to B2P/F2P with a shop or sub option. Pardon me if I don't wait too long for you to find non existent examples.
The thing here is that you have to compare it to what it was before. Before a lifer would get ALL the content and some points to spend on the shop. Now you get more points but you also have to buy these DLC packs(content), so you DON'T get all the content. You have to decide between content or shop.
Were did you get that $5 quote? it's not in that link.
Off the top of my head, no. But EULA's in general have never been upheld that I'm aware of. The courts have always chosen to rule on only specific parts of specific EULA's for specific companies. As for win/loos ratios, They are probably mostly all won in court, because companies are pretty good at knowing when to fight something and when to just settle or change the agreement quietly to make people happy. As a result, those that do get to court tend to have strong defenses.
You make me like charity
New Content for the Future
Periodically we will release packs of DLC (Downloadable Content). These updates, called Issues in The Secret World, contain new content, such as more Auxiliary Weapons, new missions and story arcs. These packs are fully optional and can be purchased normally or for the Bonus Points that are included in the optional Membership, as well as with the Grandmaster Lifetime service.
The first DLC will start selling in January 2013, and is the main storyline of issue #5. This will sell for $5, however this content is already fully unlocked for anyone who has a full game account registered before the end of December 2012.
Regular patches with free content and updates and enhancements to the core game will still continue.
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Usually the TOS and EULA both require mediation instead of trial. This is why it is "quietly" settled in addition to the fact that these agreements are basically steel traps that cover almost any eventuality. Lawyers live to create such documents.
You're still covered and basically get content updates for free like you had before PLUS some added stuff -- item of the month and stuff in the shop, You're in a BETTER position after the change.
do you know how "burden of proof" works?
for you to claim it can't happen means you need to prove it to me, it goes both ways
There have been many cases where the EULA got thrown out because the EULA had not been read before purchase.
The only exception *I* would countenance is not seeing the TOS & EULA before signing. Remember, one always has the option to NOT agree to the terms. Few ever do, though, so they go crying to the courts because of their own lack of responsibility.
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See Rayshe's quote above.
I can give you plenty of examples where companies switched payment models and had no legal problems. You have zero MMO examples to go with your statement:
they get thrown out in every court every time, TOS or EULA means nothing in almost all cases
You can do nothing... If you read the terms of agreement (every mmorpgs TOA has this) you'd know that you just agreed to basically anything they throw at you and you can't make any legal actions about their game changes. The game is their ownership and so is the account on which you are playing. You just bought the right to play on that account for as long as you decide to keep it active and make no violations of their rules.
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A signature, is again, ONLY legally binding, if the paper that is being signed is within the confines of the law.
If I let you sign a contract that I can kill you, it is no longer legally binding, because the contract is not within the confines of the law.
If there is breach of contract when the TOS or EULA changes, it is not longer viable and will be ingored in court, if the EULA itself is not within the law, it will be ignored, if the EULA was presented after purchase, it will often be ignored, etc.
Mediation doesn't mean a party can't initiate a lawsuite or some other kind of class action, especially when the normal grounds for such a suite is to dispute the contract itself.
You make me like charity
Yesterday, they got free updates but had to pay money in the cash shop.
Today they get points for free updates and with the leftover, can buy cash shop items. Plus discounts in the shop and the item-of-the-month.
Looks like today's deal is better than yesterday's.