40 replies to this topic

[Mord]

VW, on Fri Sep 16, 2011 1:26 PM, said:

Mord, on Fri Sep 16, 2011 1:54 AM, said:

I'm expecting Heavy Rain, if I ever buy it, to receive a 0% score if it indeed refuses to let me run the game without logging onto the network for their disc-checked zero-day bug patch. And if it does let me play it, we'll see how buggy that disc really is.

You don't have to sign into PSN to get patches to games.

However that isn't the point. The point of my reviews is to see what you're actually buying, and what you'll eventually be left with after Sony/Microsoft/Nintendo/etc drop all support for their current console and move on to the next one. Just like what Microsoft did with the original xbox - a move I warned was going to happen years before it did only to be told by the fanboys "Oh that'll never happen. Microsoft charges for access to Live, so they have the money to keep all that content around, unlike Sony's network." (Actual common excuse I was given.)

[Reaperman]

Is anybody else thinking of opting out of this?
I've never been involved in a class action, but this whole episode doesn't leave me with a great feeling.

These distractions have made me deeply regret having participated in this gaming generation. There have been a few really great games in the last few years, but I don't think I can ever do this again.

Edited by Reaperman, Mon Sep 19, 2011 8:45 AM.

[Video]

Reaperman, on Mon Sep 19, 2011 8:30 AM, said:

Is anybody else thinking of opting out of this?
I've never been involved in a class action, but this whole episode doesn't leave me with a great feeling.

These distractions have made me deeply regret having participated in this gaming generation. There have been a few really great games in the last few years, but I don't think I can ever do this again.

Unfortunately, a very few really great games If I had a PS3 I'd definitely opt out, I'll bet they kill peoples access to PSN for doing that though, but then, that would cause a class action suit there so

[theloon]

This is my last generation of Sony/Microsoft consoles. Forced firmware updates and TOS can go fork themselves. Nintendo 3DS owners might have it worse. I heard they were contemplating automatic firmware updates whenever it picks up an open wireless connection..

[Mendon]

It seems that other companies are going to follow in Sony footsteps as EA is now getting into the act. Their latest TOS contains.....

"By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING."

Story is here: http://kotaku.com/58...sue-them-either


Mendon

[Emehr]

So if people start hacking consoles and pirating software so they don't have to deal with DRM then they can't be taken to court? Works for me.

[HammR25]

I went ahead and mailed in a letter based on the template I found in the following thread:

http://forum.ea.com/...st/7536863.page

[rockman_x_2002]

So what I want to know is, how long before someone sues Sony for including this in the EULA in the first place? If they could get this part declared unenforceable, it might be justification for forming legislation to do away with EULA's all together.

Of course that's all pie-in-the-sky, wishful thinking, and speculation. But I would love to see this legally come back to bite Sony in the butt, hard.

[Mord]

rockman_x_2002, on Fri Sep 23, 2011 9:20 PM, said:

Of course that's all pie-in-the-sky, wishful thinking, and speculation. But I would love to see this legally come back to bite Sony in the butt, hard.

It better bite sony soon, as it's already spreading. EA's Origin service was just recently updated to have a similar clause in it's eula - only it forbids -lawsuits-. Class action or otherwise. I wonder if these were what were being talked about in the "hidden by moderator" replies in that EA forum thread linked above.

Edited by Mord, Sat Sep 24, 2011 2:48 PM.

[rockman_x_2002]

Mord, on Sat Sep 24, 2011 2:44 PM, said:

rockman_x_2002, on Fri Sep 23, 2011 9:20 PM, said:

Of course that's all pie-in-the-sky, wishful thinking, and speculation. But I would love to see this legally come back to bite Sony in the butt, hard.

It better bite sony soon, as it's already spreading. EA's Origin service was just recently updated to have a similar clause in it's eula - only it forbids -lawsuits-. Class action or otherwise. I wonder if these were what were being talked about in the "hidden by moderator" replies in that EA forum thread linked above.

I agree. I think the biggest detriment to us as consumers is that game companies (and to a much greater extent, software companies in general) have much easier access to lobbyists than we consumers do.

What we really need are lobbyists for us consumers that will do some arm-twisting in congress to get some laws passed that prevent software companies from putting this kind of monkey business in their EULAs.

Or, you know, maybe just rule EULAs non-binding since theses companies already get all the protection they need or should be afforded in present copyright laws.

Edited by rockman_x_2002, Sat Sep 24, 2011 3:00 PM.

[HammR25]

This morning I put in Need For Speed Hot Pursuit for the first time in ages and immediately got the new TOS bullshit EA is pushing. I declined it to see what would happen. After I did that I could play offline but not online and the Autolog no longer worked. After that I emailed all 3 of my congresspeople. It pisses me off even more than they can change the rules of the game after you already bought the product.

[Animan]

theloon, on Wed Sep 21, 2011 1:57 PM, said:

Nintendo 3DS owners might have it worse. I heard they were contemplating automatic firmware updates whenever it picks up an open wireless connection..

So far, it only informs you about new firmware updates automatically. I don't plan on hacking my 3DS anytime soon (I would use my GP2X Wiz for emulators and such, but I have to get the screen repaired someday).

The "the cup is half-full" side of my attitude is having trouble with this new PSN EULA. I can understand where Sony is coming from this one, but I think they're taking it too far.

[toptenmaterial]

This is illegal and non-binding. Sony could include a clause that says "We will shoot you", but that doesn't mean a court would honor it.

[HammR25]

toptenmaterial, on Mon Feb 13, 2012 7:46 PM, said:

This is illegal and non-binding. Sony could include a clause that says "We will shoot you", but that doesn't mean a court would honor it.

Sony claims the supreme court disagrees and they're probably correct.

http://www.usatoday....s-actions_n.htm

[moycon]

toptenmaterial, on Mon Feb 13, 2012 7:46 PM, said:

Sony could include a clause that says "We will shoot you", but that doesn't mean a court would honor it.

HammR25, on Tue Feb 14, 2012 11:15 AM, said:

Sony claims the supreme court disagrees and they're probably correct.

Crap, so now Sony is going to start shooting us? I'll tell you this, I won't be picking up a PS4 if Sony shoots me, I swear it!!

[cimerians]

If anyone is sick of it. Try this group:
http://www.gamersoptout.com/



After Microsoft & EA did something similar
http://www.destructoid.com/xbox-360-dashboard-update-tries-to-stop-you-suing-ms-217385.phtml

.......I'm not about to jump on any future consoles and sadly I was looking forward to them. I'm more cautious than ever before.

Its not just Sony that needs a kick in the balls. Its all of them.

This whole console generation was a whole lot of fun but also the biggest sham for me. I never have spent more money than I have since 2006 on three damn systems and I've never felt more ripped off in some cases.