Bioware blocks user from playing his store-bought copy of DA2, for bad-mouthing EA?

[Hulten]

Well shit. I get the banning, but cutting him off from the game he bought? That doesn't seem right. I get his ignorance though. Not reading what you agree to is within their rights as long as you hit the yes option. I just see it as a very harsh punishment for something so small.

Though it is wrong. your hands are tied if you make an agreement to it.

There seems to be this attitude that clicking "I Agree" trumps consumer protection laws, it doesn't.

Well... when you say like that... But what can the guy really do to such an agreement? It even says in the beginning that by clicking yes you have read and agree with all the terms? It just seems like an uphill battle. I know it is wrong what they did, but what can you do?

You give the EULA so much power. Legally, it has none until a court says it does. To most people "I agree" is the same as "Next" and rightly so, it's a bunch of hard to understand legal jargon that has no legal power.

However, companies know that they Joe Gamer can't afford to fight them so they take their chances with EULA's and people give them their power.

Well then... how would one person go about suing a company? It all just brings me back to the uphill battle thing. Even a court would have it's hands tied if they have an agreement on paper. There is no excuse for ignorance in the court of law. He can't just walk into a court room and say "Oh well I didn't know." and then expect it to go well.

 

[Danpascooch]

One thing I've learned in life is that people being punished are almost never honest when talking about it during or after they 'pay the piper'.

I have never heard of a forum suspension having any other repercussion other than use on a forum tho.

EDIT: The MOD says:

""Please review the EA Community Terms of Service, particularly sections #9 and #11. There are two levels of enforcement here:

1. BioWare community bans are forum-only and can be for as little as 24 hours. These bans should have no effect on your game, only your ability to use all the features of this website/community. these bans are handed out by BioWare Moderators as the result of our travels around the forum and/or issues reported by fellow community members.

2. EA Community bans come down from a different department and are the result of someone hitting the REPORT POST button. These bans can affect access to your game and/or DLC.

Because the BioWare community now operates under the same umbrella as all EA Communities, community members here have all explicitly agreed to abide by and be governed by both sets of rules. Consider it an added incentive to follow the rules you say you're going to follow.

If there are further questions or concerns, please send them to me via private message. Thank you.

End of line.""

Guess that answers that. It's what you get for not reading the rules you agree to.

You can't even take a shit nowadays without signing an EULA, is it his fault for not expecting them to do something so ridiculous?

 

[Smooth Operator]

Yup, the down side of Steam(and other online services), if they don't like you for whatever reason you are royally f*cked.

This was only a slap on the wrist, but before long they will be doing it on a regular basis and move forward.

 

[Naheal]

What they did is illegal. It's that simple. It's his opinion and his right to free speech.

Free speech doesn't apply to everything. Also he agreed to rules, which he broke.

He also paid ?50 for a game that he cannot now play. Is that right?

Violation of terms of service forfeits the ability to play that game.

 

[Trogdor1138]

Holy crap, usually I don't pay attention much to this kind of thing, but this is absolutely ridiculous. What the hell is wrong with them? I have every right to play a goddamn game if I want to, regardless of what I think of their company.

Thought police much?

 

[Lokithrsourcerer]

well looking at what he has said it looks very much to me like theft or breach of contract and a violation of freedom of speech. especially as his comment was pretty tame

sure they could ban him from the forum but to withhold his game content for that is just blatant
flaunting of freedom of speech laws.

I hope some ravenous FoS lawyer offers him free legal. EA would get there heads kicked in (metaphorically speaking) if this got to court (well assuming he is in a country with FoS laws)

 

[Coop83]

But the question is, do they have the RIGHT to do anything about it? It wasn't even real criticism, it was more of a joke than anything.
I quote:
"Have you sold your souls to the EA devil?"

That isn't even an opinion worth censoring if you ask me, it's like shooting someone for saying you have a silly hat.

Ah, but the crux of the matter is, does the post get dealt with by a moderator, or does he get banned from the community, because someone from the Bible Belt is busy on these forums with Ctrl + F and is rather overzealous in their quest to remove profanity and references to anything which is seen as bad in that area of the world (See for further reference what happened with Harry Potter, in certain US States).

It might be that enough people complaining about the post gets the user temporarily banned until a moderator can look at the post. Hell, they're only human and might look at this post in a mood that doesn't wash with the humour or the context of the thread at that time, thus ban for what would seem a harsh reason.

I don't think I would have banned for it, but then I'm not a member of the EA Community and I'm not sure I'd want to be, if I were censored at every turn like that, to be honest.

 

[Mcface]

BOTTOM LINE.

The kid was an ass. And EA was also an ass. But it will be EA that suffers more merely because it couldn't be the bigger man. You guys here talking about it are pretty much an indicator of that.

So, question is...why're we still having this conversation? There's nothing left!

If I buy something for 60s dollars and am not satisfied, it's my right to be an ass. It's my property. I can say I dislike it.

Anyone who dosen't see a problem with this has to be blind.
They can revoke your right to something you own, my fucking government can't even do that.

Again, I said that EA was also an ass. The concensus I see here is that both parties lacked when one or both of them should not have. This isn't an opinion. This is what I see the thread coming to in terms of a conclusion. Neither side did what they should, so both of 'em are taking a hit in some way.

The difference is one party has a right to be upset, the other dose not.
one party spent currency for a service denied to him after the fact, the other did not.

 

[NotSoNimble]

One thing I've learned in life is that people being punished are almost never honest when talking about it during or after they 'pay the piper'.

It's what you get for not reading the rules you agree to.

You can't even take a shit nowadays without signing an EULA, is it his fault for not expecting them to do something so ridiculous?

I shit without signing an EULA. I don't troll EA either.

It is his fault for breaking his contract with them.

I bet a dollar he did more than just post the one little sentence he claims at the beginning of that thread too. If you act like an ass, you can lose money. It's like buying a ticket to a movie then screaming your lungs out when you sit down. They can, and will, throw your ass out, and you won't get a refund. This guy is only getting a slap on the wrist by not being able to play for a few days.

EDIT: Was he bitching about DA2? If that was what his complaining about EA was for, I find this rather funny.

 

[Hulten]

Well shit. I get the banning, but cutting him off from the game he bought? That doesn't seem right. I get his ignorance though. Not reading what you agree to is within their rights as long as you hit the yes option. I just see it as a very harsh punishment for something so small.

Though it is wrong. your hands are tied if you make an agreement to it.

There seems to be this attitude that clicking "I Agree" trumps consumer protection laws, it doesn't.

Well... when you say like that... But what can the guy really do to such an agreement? It even says in the beginning that by clicking yes you have read and agree with all the terms? It just seems like an uphill battle. I know it is wrong what they did, but what can you do?

You give the EULA so much power. Legally, it has none until a court says it does. To most people "I agree" is the same as "Next" and rightly so, it's a bunch of hard to understand legal jargon that has no legal power.

However, companies know that they Joe Gamer can't afford to fight them so they take their chances with EULA's and people give them their power.

Well then... how would one person go about suing a company? It all just brings me back to the uphill battle thing. Even a court would have it's hands tied if they have an agreement on paper. There is no excuse for ignorance in the court of law. He can't just walk into a court room and say "Oh well I didn't know." and then expect it to go well.

Talk to a lawyer about that but just because something is on paper (or on a computer screen) doesn't make it legally binding. If anything in the EULA contradicts consumer protection laws, it will fail I would imagine. You cannot sign away your rights.

Honestly I don't know which way to lean here right now. I want to root for the guy. I want to be on his side. I just don't see taking action working out so well. I'm at ends right now.

 

[FalloutJack]

BOTTOM LINE.

The kid was an ass. And EA was also an ass. But it will be EA that suffers more merely because it couldn't be the bigger man. You guys here talking about it are pretty much an indicator of that.

So, question is...why're we still having this conversation? There's nothing left!

If I buy something for 60s dollars and am not satisfied, it's my right to be an ass. It's my property. I can say I dislike it.

Anyone who dosen't see a problem with this has to be blind.
They can revoke your right to something you own, my fucking government can't even do that.

Again, I said that EA was also an ass. The concensus I see here is that both parties lacked when one or both of them should not have. This isn't an opinion. This is what I see the thread coming to in terms of a conclusion. Neither side did what they should, so both of 'em are taking a hit in some way.

The difference is one party has a right to be upset, the other dose not.
one party spent currency for a service denied to him after the fact, the other did not.

As I read it, many are inclined to believe that basically saying it right in EA's own back yard isn't bright even if they ARE being something of a dictatorship. The reality is that the strict site is there and he should've probably been wise to EA going off half-cocked. Nobody was thinking, so nobody really wins. Though, EA won't get back the amount of people citing a boycott on them so easily. Nevermind what should. This is what did. If you're going to badmouth EA on some level...do it here!

 

[Chairman Miaow]

I'm honestly amazed that there was any punishment for that. That's just ridiculous, they clearly have sold their souls to the EA devil, and there is no denying they are truly one of the great evils of this world.

 

[Danpascooch]

One thing I've learned in life is that people being punished are almost never honest when talking about it during or after they 'pay the piper'.

It's what you get for not reading the rules you agree to.

You can't even take a shit nowadays without signing an EULA, is it his fault for not expecting them to do something so ridiculous?

I shit without signing an EULA. I don't troll EA either.

It is his fault for breaking his contract with them.

I bet a dollar he did more than just post the one little sentence he claims at the beginning of that thread too. If you act like an ass, you can lose money. It's like buying a ticket to a movie then screaming your lungs out when you sit down. They can, and will, throw your ass out, and you won't get a refund. This guy is only getting a slap on the wrist by not being able to play for a few days.

EDIT: Was he bitching about DA2? If that was what his complaining about EA was for, I find this rather funny.

In a movie theater you get kicked out for hindering others ability to use what they paid for (IE, watch the movie) I don't care if he called everyone at Bioware a Nazi, he paid for the game, and he isn't stopping others from playing it, do you read every EULA before you click agree? Because if you don't (and I'm sure you don't) you can't expect him to, there are limits on what EULA's allow you to do, for example, if EA put a clause in the EULA that said they reserve the right to rape you they still wouldn't be allowed to do it.

I wouldn't be surprised if what they did is illegal.

 

[Jabberwock xeno]

If you don't mind I'm gonna continue purchasing my disks that I can play no matter what. I guess I'm just stuck in my ways.

In all seriousness I'm glad I never bought into steam. If bioware is pulling shit like this, can we really trust valve?

Uh... Did you read the post of the suspended person at all? Or even the title of THIS thread?

He bought the Signature Edition. In a store.

They're doing this with his account, which strips him of his save files and DLC.

Not quite as bad as purely digital distribution's equivalent would be, but purely digi-dist runs that risk.

How so?

Do you need to sign in to play or something?

Anyways, he should sue.

Legal fees to take a major entity such as EA to court for a 50 pound game isn't really worth it. Its not even worth it for the principle.

I disagree.

The industry need a groundbreaking case to set precedent on DRM, the consumer's right to their product, etc.

This shit has gone on long enough.

Agreed. All the massive bullshit they pull with EULA's is just awful. And I don't know whats worse, the fact that they continue doing so much anti-consumer bullshit, or the fact that the consumers don't do anything about it.

Hell, i'd want it to rule in favor of DRM if it means to finally be done with argueing over this shit.

 

[NotSoNimble]

One thing I've learned in life is that people being punished are almost never honest when talking about it during or after they 'pay the piper'.

It's what you get for not reading the rules you agree to.

You can't even take a shit nowadays without signing an EULA, is it his fault for not expecting them to do something so ridiculous?

I shit without signing an EULA. I don't troll EA either.

It is his fault for breaking his contract with them.

I bet a dollar he did more than just post the one little sentence he claims at the beginning of that thread too. If you act like an ass, you can lose money. It's like buying a ticket to a movie then screaming your lungs out when you sit down. They can, and will, throw your ass out, and you won't get a refund. This guy is only getting a slap on the wrist by not being able to play for a few days.

EDIT: Was he bitching about DA2? If that was what his complaining about EA was for, I find this rather funny.

In a movie theater you get kicked out for hindering others ability to use what they paid for (IE, watch the movie) I don't care if he called everyone at Bioware a Nazi, he paid for the game, and he isn't stopping others from playing it, do you read every EULA before you click agree? Because if you don't (and I'm sure you don't) you can't expect him to, there are limits on what EULA's allow you to do, for example, if EA put a clause in the EULA that said they reserve the right to rape you they still wouldn't be allowed to do it.

I wouldn't be surprised if what they did is illegal.

They have a right to suspend the service of their servers. This is, at best, a valid legal reason to get a refund for buying his game(s). If you want to tempt the law, beware of consequences. I for one think you should read the rules carefully if your going to engage in behavior you know isn't proper or decent.

Who am I to say what is proper or decent you ask? Just some guy.

I don't know what will happen with this in the next few days. I don't really care that much, but I am enjoying the show, and not trolling.

Oh yeah, thank you to EA and Bioware for an awesome game. Dragon Age 2 is really fun.

 

[Elementlmage]

Pretty sure that's theft on Bioware/EA's part?

Just because they currently dislike that user doesn't give them the right to remove his ability to play games on that account - that prevents him from accessing save files and DLC in previous Bioware games too. (obviously a new account could be made for DA2)

How well does playing offline work? Would that let him access his (non-DA2) games again?

http://tos.ea.com/legalapp/WEBTERMS/US/en/PC/#section9
Look at 9 and 11. They could effectively cut him off. Sounds like what they did.

ToS=/=Contract

His purchase of that game is an unspoken contract with EA to allow him the use of a license in which to play that game. No matter how much EA crys or prays to Satan or wishes it were true, an EULA or ToS is NOT a legal document or agreement. A Bill of Sale is however.

 

[Danpascooch]

One thing I've learned in life is that people being punished are almost never honest when talking about it during or after they 'pay the piper'.

It's what you get for not reading the rules you agree to.

You can't even take a shit nowadays without signing an EULA, is it his fault for not expecting them to do something so ridiculous?

I shit without signing an EULA. I don't troll EA either.

It is his fault for breaking his contract with them.

I bet a dollar he did more than just post the one little sentence he claims at the beginning of that thread too. If you act like an ass, you can lose money. It's like buying a ticket to a movie then screaming your lungs out when you sit down. They can, and will, throw your ass out, and you won't get a refund. This guy is only getting a slap on the wrist by not being able to play for a few days.

EDIT: Was he bitching about DA2? If that was what his complaining about EA was for, I find this rather funny.

In a movie theater you get kicked out for hindering others ability to use what they paid for (IE, watch the movie) I don't care if he called everyone at Bioware a Nazi, he paid for the game, and he isn't stopping others from playing it, do you read every EULA before you click agree? Because if you don't (and I'm sure you don't) you can't expect him to, there are limits on what EULA's allow you to do, for example, if EA put a clause in the EULA that said they reserve the right to rape you they still wouldn't be allowed to do it.

I wouldn't be surprised if what they did is illegal.

They have a right to suspend the service of their servers. This is, at best, a valid legal reason to get a refund for buying his game(s). If you want to tempt the law, beware of consequences. I for one think you should read the rules carefully if your going to engage in behavior you know isn't proper or decent.

Who am I to say what is proper or decent you ask? Just some guy.

I don't know what will happen with this in the next few days. I don't really care that much, but I am enjoying the show, and not trolling.

Oh yeah, thank you to EA and Bioware for an awesome game. Dragon Age 2 is really fun.

Have you ever gotten a warning or been put on probation on the Escapist? If so, did you take another look at the EULA to make sure they wouldn't somehow steal something you paid for? You expect too much, it's unreasonable.

Consumers have rights, and these servers are not necessary to play the game for any reason other than that EA decided they would arbitrarily be needed, the servers host nothing that is needed to run the game other than what was specifically made for the sole purpose of restricting your ability to run the game (IE DRM)

If they want to silence him on their message boards that's one thing, but they can't steal things he bought, he has rights just like everyone else, and EULA's are secondary to existing state and federal laws.