Epic Considers Banning Those Who Spoiled Gears 3

Bretty

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Rednog said:
Kheapathic said:
Now this is just awesome. I'm hoping there will be at least one clueless twit like there was for the Batman Arkham Asylum leak. I hope there's a lot of hate and "I pre-ordered but I can't play WTF," I hope they try to take Epic to court and I hope Epic mops the floor with them.
Epic has absolutely nothing to stand on in this case, if anything the people's lawyers would steam roll Epic. I mean what possible argument could Epic have to justify their actions? These guys took our intellectual property and instead of suing them directly which we should have done we're going to scam $60 out of the consumer? You just can't do that. It would be like if someone owed you money and they aren't paying up, so you decide to hotwire their car. That person legally owes you that money but you have no right to commit theft.
You are hilarious Rednog. They have just warned people what will happen to them when they buy the game. So a heads up has been given. Secondly, they can return the game. If they are unable to return the game then they will have installed it anyway and probably accepted the EULA anyway. Which means that by the time they are banned they will have already agreed that Epic has the right to do what they want to those afore mentioned violaters.

Personally I am happy with this. People feel that it is ok to get early builds and that it causes no issues or is a problem. These people need to get their heads out of the sand. It is illegal for them to have that copy as it is stolen property. The fact that a poster here admited to owning copies is case and point.
 

Rednog

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Bretty said:
Rednog said:
Kheapathic said:
Now this is just awesome. I'm hoping there will be at least one clueless twit like there was for the Batman Arkham Asylum leak. I hope there's a lot of hate and "I pre-ordered but I can't play WTF," I hope they try to take Epic to court and I hope Epic mops the floor with them.
Epic has absolutely nothing to stand on in this case, if anything the people's lawyers would steam roll Epic. I mean what possible argument could Epic have to justify their actions? These guys took our intellectual property and instead of suing them directly which we should have done we're going to scam $60 out of the consumer? You just can't do that. It would be like if someone owed you money and they aren't paying up, so you decide to hotwire their car. That person legally owes you that money but you have no right to commit theft.
You are hilarious Rednog. They have just warned people what will happen to them when they buy the game. So a heads up has been given. Secondly, they can return the game. If they are unable to return the game then they will have installed it anyway and probably accepted the EULA anyway. Which means that by the time they are banned they will have already agreed that Epic has the right to do what they want to those afore mentioned violaters.

Personally I am happy with this. People feel that it is ok to get early builds and that it causes no issues or is a problem. These people need to get their heads out of the sand. It is illegal for them to have that copy as it is stolen property. The fact that a poster here admited to owning copies is case and point.
Uhh I'm sorry but in what world does having an interview in eurogamer (or in any magazine for that matter) count as a fair warning? Hint, it doesn't. That is like saying I'm going to sell you some faulty tires and you come back to me complaining that they don't work and I say sorry I warned my neighbor that they were faulty, didn't you get the memo?
So no, no heads up like this is legally binding in any way shape or form, you have to provide that information directly to the consumer (most likely in this case on the box itself). It is the legal obligation of the seller to provide any and all information about the product to the consumer directly, it isn't the job of the consumer to hunt down all this information.
Also, why does everyone make this argument of you can return a game for whatever reason? Last I checked most stores won't take back an opened item if the product itself does not work, and even then most have the policy of replacing it with a "working" copy and in some cases store credit. Also it has been a while since I've played an Xbox game (my last was Red Dead Redemption), but last I checked games really don't make you scroll through EULAs and even then Epic's lawyers would be pretty hard pressed to be able to insert a clause like that into a EULA. You can't legally punish someone for a previous transgression like that.
Watch some basic fluff court television that is on in the afternoon and you'll eventually see a handful of cases where people try to make really egregious contracts with other people and some people will blindly sign it, but a judge will overthrow the contract because it is an unreasonable contract. Epic wouldn't be able to defend a clause like that.

Yes it is illegal for people to have those precopies, but like I said Epic has to handle it the legal way, you in no way shape or form can justify Epic committing consumer fraud. This just isn't how the law works.
So I don't see how this is hilarious. A big company is blatantly saying that they intend to break the law, and if they actually follow through they should receive the appropriate legal punishment.

Hell if you're ok with Epic breaking the law, then by that logic you should be ok with people breaking the law and having those early copies. You can't pick and choose which laws to follow.
 

RikuoAmero

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+1 internets to Rednog! Epic may be pissed at the people who put up vids of these leaked copies, but they do not have the right to ban a legitimately purchased copy of the game from working.
If Microsoft want to ban them from Xbox Live, then that's Microsoft's decision. But Epic do not have the right to make that decision.
 

Jodah

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Can't wait til the first wave on wrongly banned people start bitching. Should be amusing.
 

CarFan1211

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i find the entire gears of war franchise frustrating and unimaginative. corridor, cutscene, corridor, cutscene. epic should do the world a favor and ban everyone.
 

Aeshi

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RikuoAmero said:
Kheapathic said:
Now this is just awesome. I'm hoping there will be at least one clueless twit like there was for the Batman Arkham Asylum leak. I hope there's a lot of hate and "I pre-ordered but I can't play WTF," I hope they try to take Epic to court and I hope Epic mops the floor with them.
This is different to the Batman situation. Then, gamers were using a "pirated" version of the game that was rigged to not work if it detects that it's not a genuine version.
In this case, the guys who put up the videos are now being banned from playing a completely legit version of the game they (more than likely) will buy. If they use an unauthorized version, fine, kick them off Xbox Live. But to kick them off because they put up a video...even if they're running a legit copy...
If they're the sort of person who uses a leaked version they probably AREN'T going to buy it legit when it officially comes out.
 

sneakypenguin

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RikuoAmero said:
+1 internets to Rednog! Epic may be pissed at the people who put up vids of these leaked copies, but they do not have the right to ban a legitimately purchased copy of the game from working.
If Microsoft want to ban them from Xbox Live, then that's Microsoft's decision. But Epic do not have the right to make that decision.
I think its just MP ban. They can do that if they wish with no recourse. THe game will still work, but connecting to the gears online section likely won't.
 

night_chrono

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Anyone that played the leaked build had a JTAG xbox, and doesn't give two shits about XBL and getting banned, or they have two consoles.

It never says banning a gamertag. That's a MICROSOFT thing. I doubt Epic can tell Microsoft to ban people just cause.

I though there were insuating that if someone has the same XBL name as someone who uploaded a youtube video of the leaked build, they would be banned on those grounds. Or something similar.

So if someone re-upped a video they found elsewhere, they could get banned by Epic just because? Yea that is going to go over so well.
 

snfonseka

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What ever the tech Epic will use to ban these people, I am sure they will find a way to avoid them. Besides if they use torrent sites to get the leaked version, the majority of them won't even buy the game when it released.
 

bpm195

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I strongly support going after the people that are causing them problems and stealing from them. This is far better than the many ways companies are pissing all over their customers and ignoring that the villains all have umbrellas.
 

Jinx_Dragon

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Kheapathic said:
Now this is just awesome. I'm hoping there will be at least one clueless twit like there was for the Batman Arkham Asylum leak. I hope there's a lot of hate and "I pre-ordered but I can't play WTF," I hope they try to take Epic to court and I hope Epic mops the floor with them.
Epic would lose.

Regardless of past acts against the plaintiffs, Epic can not legally sell a product with the full and premeditative knowledge the product would not work. This would fall under consumer fraud laws, a criminal action that can be punished by jail time, and not just a civil one like piracy. So yeah, fight a misdemeanor by committing a criminal act seems like a very smart move by Epic.

Personally I don't swing either way on this matter but I have always leaned more towards the pirates. While I agree that the developers should do things to protect their income, I feel they need to look towards more accurate, effective and legal methods then what has been presented. My biggest gripe in the whole mess is that it is consumers, legal buyers of the products, that end up getting screwed over while the majority of the causes are left without being addressed, let alone corrected.

This current attempt isn't to bad as far as they go:
effective - Not very effective, people who have been targeted will just recreate their ID's and skirt the system with ease. They better not put much money behind this as being their primary protective means.
accuracy - At least it has a case by case feel to it, so there will be evidence against the people banned. Could of just been some sort of Google search system that automatically bans people based on the fact they have a Xbox and a youtube account.
Legal - To be seen as even with a not-so-hidden clause justifying it Epic would find the contract being overturned as such clauses often are viewed as enough to render a contract invalid, in and of themselves. Courts really have a narrow tolerance at people trying to put 'you can't take this to court' clauses in contacts.
 

Jinx_Dragon

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snfonseka said:
What ever the tech Epic will use to ban these people, I am sure they will find a way to avoid them. Besides if they use torrent sites to get the leaked version, the majority of them won't even buy the game when it released.
Extra points for logical, precise, thinking

The largest problem with all anti-piracy moves is the pirates download the versions without the protections and don't by the real thing... ever.

caption:
atioved fostering

remember, foster those Atioved out young.
 

ckam

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This could get ugly if this isn't all that they're doing. But for now, it's cool.
 

Spencer Petersen

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Maybe instead of demonizing your consumers you can design your product so that its worth playing more than just watching. I never really considered Gears of War as a series with such fantastic twists and nuanced storytelling to warrant a lawyer enforced spoiler block. The gameplay is what everyone wants, and you cant get that from watching on YouTube.
 

SilentHunter7

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Rednog said:
If you sell a product and the person goes home and finds out that it isn't the product that was promised that person is entitled to their money back and or suing you for fraud.
So then what's stopping them from giving them their money back?
 

viranimus

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Nov 20, 2009
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A: So what form of retribution should befall epic for recently turning into gigantic flaming douchenozzles?

B: How does anyone plan on implementing this?

C: People play gears of war for the scintillating narrative?