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Majorly Illegal
psiic
Member RarePosts: 1,642
SE states on the launcher..
In addition, in order to avoid server congestion related issues from multiple characters concentrating in the starting areas, we may implement restrictions on logins and/or the creation of new characters for a period of time after the servers open to the public.
I am sorry but SE does not have the legal right to restrict, block, or moderate player access to the servers when said server is online and functional.
We are now paying for FULL access, this is the kind of thing class action lawsuits are filed and won over.
Imagine what would happen if we decided to lock them out of billing our credit cards during during periods of high congestion?
In fact this exact issue was decided in court before in favor of the players when blizzard did it and those in that lawsuit got 3-6 months of free UNRESTRICTED access as settlement.
Comments
Depending on the country, but in the US they can do pretty much anything, even delete your account. You have no legal right to use the server. Of cause they would have to refund you for subscriptions paid in advance. In any case, the service is not guaranteed and legally you have no grounds to stand on.
In the blizzard case the court ruled nothing, Blizzard was nice and gave everyone free access. They had no legal obligation other than reimburse customers.
Really? Deep breaths, relax count from 10 to 1. Feel better..?
There are certain rights you cannot remove with any ToS or contract of any sort. I don't know if the ToS of this game contains such paragraphs.
How is it illegal and where is your sources for this Blizzard lawsuit. I searched the web and the only class action lawsuit against Blizzard from players I could find had to do with requiring an authenticator.
I suppose you could be right that it is illegal I don't really know however just cause you don't like it or think it should be illegal doesn't make it and I don't really see anything that would make this illegal. Games can restrict how many players you have on a server and almost everyone does which is pretty much the same thing as restricting character creation so I don't see how doing this temp vs perm would make it any more illegal.
First of all, the legality of an action is subject to degree. It is either illegal or it isn't.
Secondly...nobody is going to bring suit against SE. It's a lot of impotent rage, nothing more.
Most people never read them, you'd be surprised at some of the things you agree to, most of which would never hold up in court.
they do have the right AS LONG AS they give us back the days we are wasting due to their own issues. Once they lift all the restrictions, everyone who lost paid game time should have those days added back to their time. All i have is the 2 weeks?(i think) for owning 1.0 but i dont care about it cos ill buy the ps4 version before i subscribe, but theres a lot of people losing paid time.
Actually untrue it has been upheld in court that ToS are not legal or binding in any way shape or form. They are just there to try and fool stupid consumers.
Nothing you are FORCED to agree to to access something you paid for has any legal bearing.
And looked it up on the settlement card I got from Blizzard, they called it throttling.
Yes, they dropped the ball with server congestion and they are losing subs and potential purchases by the thousands ... but there is nothing you can do ATM but wait, whine, or try for a refund.
The only liability they could open themselves up to here in the states would be if they not only denied you service (completely, as in never letting you in), but also denied you a refund within your state's allotted return period. I assure you, they will provide you a refund if you ask at this time.
I always tell dissatisfied customers to vote with their wallets.
Cheers!
MMO Vet since AOL Neverwinter Nights circa 1992. My MMO beat up your MMO. =S
Wow, just wow, I never met someone like you before. But seriously, they are not technically preventing you to play the game, you are free to make a new character in other server. Consider that server that is restricted were never there in the first place.
Blizzard nice?? Actually there was a case and a settlement.
An NDA also, but considering Blizzard is now Activision, and I no longer play WoW.
The fact they aren't tells you what your rights really are.
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Just trying to live long enough to play a new, released MMORPG, playing New Worlds atm
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"This is the most intelligent, well qualified and articulate response to a post I have ever seen on these forums. It's a shame most people here won't have the attention span to read past the second line." - Anon
WRONG reread my first post and their policy, they are restricting our access to even make new characters or other servers. They are attempting to keep us from flooding over onto other servers and spreading the issue.
Im sure they are legally allowed to control access to their servers. Much the same way the grocery store is legally allowed to refuse service to whomever they wish.
[mod edit]
This is so true. If i were them, if you do not like what I do to try to keep things stable, i will be happy to refund your game.
Talked to someone that actually raging about the MAPPING system for FFXIV that he actually rage quits and asked for a refund and he got that refund. If you are unhappy of their service, you are always welcome to leave, there are too many people playing the game.
That's why I said not necessarily legally binding. The problem is that too many people all want to play at once, every single mmo goes through this in one way or another. If they just open the floodgates and let everyone in the servers will crash and this process will take a lot longer. They're not withholding the service from you because they don't want you to play, the servers simply cannot handle the massive influx of players.
I would like to know what legal system you are talking about cause it's not the one in the United States. The way it works here is you have two sides who have lawyers that go and try to persade a judge that something was or wasn't illegal and then the judge decides what they think. You have three different judges you can get three different rulings on if it was or wasn't illegal and this happens over and over again and is not uncommon as a decision goes through an appeals process. So sorry but no something is not either illegal or it isn't. Just doesn't work that way.
I really have no problem getting into the game nor creating a new character atm, so yeah.
You sir are wrong sorry. There have been tons of lawsuits filed and won against game developers, and publisher, and providers.
The issue is that ALL of the settlements included NDA's to try and keep other consumers from knowing their rights and what they are entitled to.
As part of the settlement I've been talking about with Blizzard part of that settle gave a free month to ALL active subscribers at the time. MOST players thought Blizzard was being " nice " and giving free time for the problems they were having.
Truth is that free month for the non participants, and the 3-6 months for the participants came because some people did know their legal rights under consumer protection and e-commerce laws and provisions.
Sorry.
This problem is due to an unforeseen circumstance, meaning they did not plan this. I'm sure that there are professionals behinds the scenes who are working on this diligently. All of this means that they are without fault and until they charge you for months at a time with no service all the while lying to you saying that you can play freely; you have NO legal case.
This is a hiccup, you are not being stolen from, you are not being wholly denied service. There is a problem with the servers which is preventing you from playing not DENYING your service. There is a very big difference between the two.
Hell I preordered the game too and I can't play because my motherboard is blown. So take that. The servers may be stable in a few days but I won't get to play for another week or so. You're still doing okay sweetheart.