Steam TOS Leads to Trouble in Germany

Raban

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Falterfire said:
First off, while I think the measures are kind of extreme, the Terms of Service is the legal document you have to agree to in order to use the service. If a user does not agree to the terms, they do not get the service. The issue here being that the terms changed after the user had already used (And paid for) the service. Technically, if the Terms included a line about having to accept future changes in order to continue access to the service, this user does not have a legal leg to stand on.
Not everything included in a TOS or EULA becomes automatically legal and binding. For instance, in Germany, an EULA is only binding if you sign or agree to it before you purchase a game, everything that pops up while installing said game is of no concern to you and can be ignored.
 

Bat Vader

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Twilight_guy said:
So they're demanding that the company changes its policies or they'll sue them. You do realize this is a bad precedent for every other company. What keeps them from saying that any other business practice is bad and suing them until the business bends to their will. Valve is a monopoly and holds you like a spider over a fire. You knew that when you bought from them, and you agreed to it. Demanding they change after the fat isn't right.
It seems just as equally wrong that Valve has the right to disable a person's Steam account and deny them access to their games just because they don't agree with the TOS.

I love Valve and I love Steam but I shouldn't lose access to the games I purchased with my money because I don't want to agree with their new TOS. There has to be a neutral ground that can please both Valve and their consumers. Perhaps the people who don't agree to Steam's TOS can't purchase stuff off Steam but they can still play the games they already bought.
 

MeChaNiZ3D

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Good. As much as everyone likes Valve, that was a dick move. And that is why I like physical games. Because people can't just take them away without sending someone to my house.
 

RhombusHatesYou

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Insomniac55 said:
This is good... and to be honest I'd wished that more of a stink had been kicked up about this. I mean, I clicked 'accept' just like so many others because I use my Steam account too much, and have too much money tied up in it, to do anything else. And while I like Valve, this little change and their reaction was bullshit. The terms of service they previously had probably had provisions giving them the right to change whatever they want, whenever they want... But this change was NOT done in a way that treated the consumer fairly. Can they get away with it? Yeah. Should they? No.

I hope they destroyed it court and rethink their business practices.
Personally I would like to see Valve 'encouraged' (via legal bollocking if nothing else works) to offer a tier of service that only deals with the DRM-side of things - no multiplayer, no store, no auto-update, nothing but making sure I have a legit copy of the game I'm playing... and that they have no avenues of interfering with that.

This is why I prefer services like GoG... sure, if I piss them off I lose their service (no more redownloading games in my library) but they can't stop me from playing the games I already have installed on my machine.
 

Insomniac55

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RhombusHatesYou said:
This is why I prefer services like GoG... sure, if I piss them off I lose their service (no more redownloading games in my library) but they can't stop me from playing the games I already have installed on my machine.
My absolute favourite service is the system used by the Humble Indie Bundle. I get Steam copies, which are always the ones I actually install. But I also get DRM free installers so I can back-up and save my games for whenever I want, on whatever machine I choose to install them on.
 

008Zulu_v1legacy

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Hey Germany? A friendly request from the rest of the collective humanity that represents sanity, can you guys take a look at Origin too?
 

RhombusHatesYou

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MeChaNiZ3D said:
And that is why I like physical games. Because people can't just take them away without sending someone to my house.
Unless said 'physical game' uses an account based, online DRM system... such as Steamworks, Origin or UPlay... they can't take the physical media away from you but they can (and mostly do) set it up so that without an active account and constant online connection, you can't actually run the game...
 

RhombusHatesYou

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Bhaalspawn said:
If it were Activision or Electronic Arts being sued, you wouldn't be talking about setting a bad precedent. You would parrot the news from the rooftops as the second coming of Christ.
Let's not forget that EA did get it's feet held over the coals for the Origins ToS in... hmmm, I think it was in Germany as well. Don't remember seeing a single tear shed for the EA.
 

zf6hellion

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lacktheknack said:
I guess I'm the only one who agreed with the terms because I found them acceptable.

They don't take away your right to sue, they even will PAY YOUR LEGAL FEES if you take them to small-claims court. They just don't want a class action lawsuit. I'm OK with this.
Not the point. The point is if you don't agree, you lose what you've already paid for.

How is this even remotely difficult to grasp?
 

Roggen Bread

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teh_gunslinger said:
balberoy said:
teh_gunslinger said:
No, Germans were never ones for blindly following anyone no matter how outlandish their demands.
We actually learned from our mistakes.
I know. I live in Denmark and go to Berlin as often as I can. Germany is a fucking awesome country as far as I'm concerned. I was just making a silly joke about his question of fanboyism.
And I did laugh. Thanks for this! And come visit Cologne, it's awesome.

008Zulu said:
Hey Germany? A friendly request from the rest of the collective humanity that represents sanity, can you guys take a look at Origin too?
We actually did. Battlefield 3 got 4400 reviews on German amazon with 1,5 stars. Most reviews say "yeah, game might be nice, but ORIGIN!!!!"

And who do you think made them change their TOS in the first place?
 

Vigormortis

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lacktheknack said:
I guess I'm the only one who agreed with the terms because I found them acceptable.

They don't take away your right to sue, they even will PAY YOUR LEGAL FEES if you take them to small-claims court. They just don't want a class action lawsuit. I'm OK with this.
Though the implied direction the TOS is taking is troubling, I'm inline with your thinking.

I can't think of any cases in which I'd want to sue Valve via a class-action suit. Most of the legal complaints I'd want levied against them would almost unanimously involve small-claims court.

And, seeing as Valve would foot the entire bill in that case, I was okay with the TOS change.

Besides, despite what some people have been (incorrectly) assuming about having your account disabled if you declined the TOS change, the truth of the matter is:

SajuukKhar said:
I find it funny thins is a problem... especially considering Valve changed how account disabling works some time ago to allow you to continue playing your games even if your account got disabled.
This. While not true for every single game in the Steam library, especially those that require other online service access, if you're account is disabled you can still play the games you've purchased and downloaded. With few exceptions.

.................................

Still, I think Valve needs to reconsider their stance on users ability to resell titles they have in their accounts.

Perhaps some system wherein someone can use the Inventory Trading feature to resell games from their library. They could set a minimum "used" price. As in, a price that must be matched or exceeded. (to avoid abuse) And, Valve could take a cut of the transaction. A cut that would be distributed between both Valve and the titles developer/publisher.

I know that's an extremely simplified idea, but I can't imagine it would be logistically impossible. Though, individual developers/publishers would need to agree to allow their products to be used in this way.
 

thahat

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teh_gunslinger said:
Zachary Amaranth said:
"Consumer response to Valve's "my way or the highway" was surprisingly muted (well, it wasn't all that surprising, really)"

No, the high level of fellatio Valve received for this is standard.

So...I'm not exactly an expert on German culture. Is the blind fanboyism as rampant in Germany?
No, Germans were never ones for blindly following anyone no matter how outlandish their demands.
the sarcasm. it is strong in this one. XD i laughed out loud when i saw your post :p
 

Strazdas

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May 28, 2011
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Valve saw that EA got away with "no class lawsuit TOS" and tried to do their own. Germany does not like this. Ergo the problem.
Its funny though, as since its TOS, its legally bining. Wheas EULA means 0 legally in EU.

And i still dont have steam and im still happy.
 

Drejer43

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Nov 18, 2009
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*looks at my steam library*
"I am valves *****"
I do hope that VZBV wins this for the whole of Europe
 

Subatomic

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Strazdas said:
Valve saw that EA got away with "no class lawsuit TOS" and tried to do their own. Germany does not like this.
Nope. Germany, as well as many other countries with a civil law system (as opposed to the common law system of the anglosphere), doesn't even have class action lawsuits. The most similar thing is exactly what is happening here - the German consumer protection agencies like the VZBV can bring companies to court on behalf of the affected customers, usually first giving the company the chance to settle the case beforehand (the so called 'ultimatum' in the article).
The whole case is not about the fact that Valve denies Steam users the right to pursue class actions lawsuits (which isn't possible in Germany in the first place, see above), but about the fact that declining the updated TOS locks you out of your account, including games you had purchased before the new TOS came into effect (which Valve flat out told to the customer if you read the article). That is most likely illegal under German and EU law.