EA Germany: "Origin Is Not Spyware"

[Atmos Duality]

It hardly says that EA has access to everything on your computer, and it barely does what it states as is.

Actually, it does. You just aren't reading it correctly.

...as well as
information about your....software, software usage and peripheral hardware.

This is caused by vague wording. Notice that "software" and "software usage" are individually identified and identified non-redundantly.
This means EA claims the legal right not only to check up on what software you have been USING, but to look over any "software" you have on your system. I must emphasize, as similar as those terms sound, they do NOT mean the same thing.

Here's the problem: The term "software" in a legal sense is NOT LIMITED TO APPLICATIONS. It means every single bit/byte of data on your hard drive or loaded into RAM. Anything that isn't "hardware" is "software". You can't magic that definition away with reassuring words and "good intentions"; not in a legal document anyway.

If EA wants to gather information on software usage as it applies to applications/executables/programs, it's annoying and seemingly unnecessary, but it's fine. That sort of information is far less likely to be compromising for the end user. BUT EA MUST MORE CLEARLY DEFINE WHAT SORTS OF SOFTWARE THEY WANT ACCESS TO.

This would be like if I obtained a warrant to investigate/dissasemble ONE car on a used car lot (suppose it was used in a crime), and through the magic of vague wording I extended that warrant to say that I can look into/disassemble EVERY CAR on that lot.

If anything, EA should eliminate the isolated term "software" from its agreement.
This would allow EA to monitor your application usage, but without creating a legal loophole that gives them legal free reign to snoop around your entire computer.

How Origin behaves now is irrelevant; EA has worded their EULA in such a way as to create future legal entrapment (once you have purchased the games on Origin, and owned them past the return phase, you're stuck if they alter the terms); this is why consumers should be VERY wary of using Origin.

 

[maxben]

"when pictures that appeared to show Origin accessing non-related programs and data synced from cell phones were released online"

This is in the EULA, and that has been extremely well documented BEFORE it went into the 'wild'.
So these complainers can find gaming websites to cry foul, but neglect to read up on this outrageous spying before buying? Strange!

EULA has to be within the law as everyone here has stated. You cannot sign a contract enslaving yourself and your children into perpetuity because that was made illegal regardless of the right to make contracts. German privacy law is incredibly harsh, if EA had Origin act in Germany as it acted elsewhere that IS going to be a problem, and its a problem Google had to deal with when they made the final decision not to have street view on German maps because they couldn't create an efficient system for people to opt-out. Oh, and you should go watch the South Park episode on human centipad, it satirises what happens when we take clicking I agree on a EULA as an unbreakable contract. It doesn't make points so much as shows you the intuitive reasons why Common Law judges tend to rule against EULA's if the points enumerated are too confusing (notice that EA says it has only now changed the wording in the EULA so it would be clear)

Also, these guys went to AMAZON, not a gaming site, to complain. They went to their stores, they emailed EA, they did what consumers are supposed to do. For some, gaming is a hobby so we read everything about it. For others, its just consumer entretainment. Likely one person made the video and news agencies disseminated around causing a panic. As such, it makes sense why the majority of people who buy video games had no idea of the crap they were getting into with Origin. As such, I'm unsurprised at this reaction.

Finally, just because something illegal is in a product it does not mean that it cannot be sold. So even if it had this problem, there is no FDA type thing to check video games for illegal crap. As such, now that its out the government is going to step in. These kind of laws work on good faith... or until someone gets caught. And so, when approved for sale in Germany they did not discuss potential law breaking behaviour, so the German government did not ban it or make its citizens aware of it.

1. EULAs only matter in terms of law. Each country's law is unique and you cannot treat them the same.
2. People who buy games and Gamers aren't the same thing, it is likely there weren't aware of the issues with Origin, and those who did only complain in the theoretical but definitely wouldn't have returned the game.
3. The government only becomes aware of these things when consumers make them aware. As such, there was no 3rd party to tell them.

 

[soulsabr]

Wish my fellow US gamers had this kind of gumption.

 

[Ron Crisswell]

Someone find links to these pictures! I want to see what it was accessing.

 

[SidingWithTheEnemy]

If our world has already declined so much that good ole' Germany, seriously, Germany of all motherlands in the world, points out what Origin is probably doing we are closer to Armageddon than I actually thought...

 

[rofltehcat]

As a German, I really hope this goes through and EA will be fined a heavy penalty.
Ignorance doesn't protect from punishment and if they really broke German and/or EU laws with any of their EULAs or any version of Origin, they deserve to be torn a new one. EA's policy is so audacious that they totally deserve it.

 

[Sonicron]

Whatever you say, EA. I'll believe it when I see irrefutable evidence that your software does not spy on me in any way. The state commissioner of Nordrhein-Westfalen is coming to get answers with a metaphorical rubber glove, so lube up and bend over; until the presentation of conclusive evidence, any PR comments of yours are nothing but hot air to me.

Is he? Im not a patriotic person, but it would fill me with pride to see the commissioner from the state I was born in fuck up EA.

(I dont follow these things to closely because im not all that interested in any EA games, although I might get Battlefield 3 some day if I dont have to use Origin/Origin stops spying.

That was my understanding, yes. EA Germany is based in Köln, so the state commissioner thought he might as well get down to it - you know, what with the entire country still being miffed about all that 'bundestrojaner' business. (Read some national articles about it a few weeks ago, so apparently it's not just wishful thinking conjured up by the interwebz.)
That's one of the good things about our country - you can't just sign away your legal rights with a simple click of the left mouse button. What Origin does is flat-out illegal here, and I honestly wouldn't be surprised if EA were forced to either modify Origin's code to disable its spyware capabilities or take it off the German market altogether.