Atmos Duality said:
Jinx_Dragon said:
I am very curious about your opinion on the term "Up, but not limited, to X" being used in a lot of these contracts. If any terminology is vague, it has to be the open ended argument that we agreed to something not stated in the contract because it falls under the many unspecified things covered by 'not limited to.'
Those sorts of "Including, but not limited to" clauses are traditionally used to say "We intend to change this in the future. Expect re-negotiation." which in itself isn't bad; it allows for more clear definitions of terms in the future and it informs the other party to expect changes for that field.
However, given the obvious lack of possible re-negotiation that would occur when they update the contract ("take it or leave it"), and the unilateral nature of what they're asking (remember, the user already paid for the license; this is an unnecessary and additional cost to the user), you are correct in assuming that the terms are vague and very one-sided against the user.
What worries me is that even if you fought the contract as-is (lets say you didn't give EA technical access to scan your computer) they could pull access to the game you paid for with no recompense.
The user essentially has no rights in this agreement; no safety or guarantees to begin with; only the unspoken/implied threat of a civil suit. But then EA takes it a step further and adds personal risk to the mix with a "waive all rights" clause on your information.
Nobody in their right mind, (who understands what it's actually saying) would sign that contract.
Well thought out and written post and I hope it gets a few peoples attention.
Like you, I am not a lawyer but I understand a little more then the laymen when it comes to the court system. I understand that contacts like this are deliberately designed to give 'wriggle room' to the person writing them. I understand that, what is written on paper, is just the tip of the ice-berg of what they want to get away with. Doesn't matter the company in this context, if anyone hands you a contract that is the minimal of what they want to get out of you and if you let them write it, and sign it blindly, then you can be in for a world of hurt.
Yeah, learned that lesson shortly after my 18th birthday....
The vague wording of this agreement, and the way it is shoved down your throats in a manor that can only be considered extortion (do it or none of your games will work) is down right frightening. It screams to my senses that this is another 'tip of the ice-burg' scenario and that vague wording. Hell, I can easily interpret it to mean they get to scan all actively running software and what that software is doing at any given time. Without even reaching as it is already written into the contract with terms like 'software usage!'
Who's software - anyones!
What usage - Anything it does!
While others point out in reality they are likely going to go for the usual research-applicable data, like other game designers request from you, the vague wording of the contract means the do NOT have to limit themselves to said hardware related data, or even internal research. That last part is the biggest alarm bell in my head if you ask me. They want full rights to do whatever they want with the data they mind, and clearly are covering their arse in case of a law suit for selling said personal information. They can even ell your IP address, stated they have the right to collect and sell it.
Which also brings me to the term "personally identify." You might be thinking 'oh, at least they can't say where they got this data so my porn collection is safe' but this is not the case. The word, personally, was added for a reason and this means they can not use your name. Your IP address does NOT personally identify you, it identifies the network you are on. Of course two seconds with a search engine can retrieve all sorts of personal information using just the IP address alone... but in and of itself it does not identify you.
Feel safer?
The clause also states, quite clearly, they have the right to sell the data they mine. Most companies limit themselves to internal research, making it illegal for them to sell any data they collect. Not EA, they want the right to sell your information and that in itself is the most scary part of this clause.
This means they will be financially motivated to mine more and more data in the future. Not just data related to games, such as your hardware specification, but whatever data has the most value when sold. That means they will be more interested in what other software you have on your system, and what that software is doing, so they can sell this information to companies that will design those annoying pop-up ads, have no qualms about spamming you or other invasive marketing techniques.
After all, it is these 'offensive marketing firms' that pay for this data and they don't care what motherboard you have, they want to know if they can convince you to install yet another tool-bar or which business they need to scratch to have their pop-ups included. With the clause 'software usage' this would even mean what websites you visit and the likes, data that will be used to annoy you in the future.
Thank you EA games, for selling my data to people so they can more easily try and convince me to buy crap I do not want or need....