Submitted by Halcyon - November 29, 2006 at 2:29 pm -0500
DeusPayne -
The terms of a EULA on their website are entirely irrelevant if she wasn't provided with a copy of it when she placed the pre-order. Remember that this didn't occur on their website, it was at a physical place of business. The only applicable terms will be those which were either verbally communicated to her or written on a document she signed.
Additionally, if she did sign something which made reference to the EULA on the website, but she was not provided with a copy of the EULA terms *at the time*, those terms are not likely to be upheld.
Contract law is not as simple as 'lol read the fine print noob'. Contracts which attempt to obfuscate their terms from the other parties drift into the area of fraud.
That all aside, she stands a better chance of pressuring the company into backing down simply by getting enough press coverage of their dodgy dealings that it becomes a PR issue.
Posted 08/21/08 at 04:15pm GRIZZAM PRIME: Hot damn, the Trolls must've taken some troll steroids...they are all over today.
Posted 08/21/08 at 03:03pm Talouin: @ZippyDSMlee: Yea, that game has a really high learning curve fun when you got the hang of it but the SE developers need a kick
Posted 08/21/08 at 02:45pm ZippyDSMlee: Talouin:I quit FF11 3 months after I started, is a horrible game from top to bottom.
Posted 08/21/08 at 02:28pm Talouin: @SimonBob: I have never been happier I quit FFXI last month until now.
Posted 08/21/08 at 01:59pm ZippyDSMlee: Boyycotting only works when sheeple care, the masses have to want to care about subtleties, in general they do not thus why corporate gets as far as it does. However boycotting can raise a fuss and the bad PR might make them take note.
Posted 08/21/08 at 01:20pm SimonBob: There's a full explanation of the FFXI PW fight up: http://rukenshin.livejournal.com/17133.html
Posted 08/21/08 at 01:16pm Talouin: @Quander, That fight is brand spanking new. People just don't know how to do it yet.
Posted 08/21/08 at 01:06pm AM: @GP: Boycott is unlikely to be effective due to how few people would be aware/participate. That said, I boycott EA over their "3 installs then buy another copy" copy protection, so I can't say it's NOT a good idea.
Posted 08/21/08 at 01:06pm GryphonOsiris: @Scribe, just read that. The reports are saying that is was a targeted killing. Odds are a bully, gang related or something.
Posted 08/21/08 at 01:03pm SimonBob: I just glanced over some of the companies' game lists; turns out I was already boycotting three of them anyway.
Posted 08/21/08 at 12:53pm DarkTetsuya: @scribe999 yeah I heard about that, and I *thought* I saw a vulture circling the area...
Posted 08/21/08 at 12:53pm DarkTetsuya: @scribe999 yeah I heard about that, and I *thought* I saw a vulture circling the area...
Posted 08/21/08 at 12:36pm gamepolitics: is a gamer boycott of atari, codemasters, topware and the other 2 UK firms who are extorting file-sharers a good idea?
Posted 08/21/08 at 12:19pm scribe999: Another school shooting...this time in Tennessee. Terrible news. And I'm sure there's much hyperbole to follow.
Posted 08/21/08 at 12:10pm sortableturnip: hehehe ;)
Posted 08/21/08 at 12:09pm DarkTetsuya: @sortableturnip I'm totally putting what you said as my sig :P thanks!
Posted 08/21/08 at 12:02pm sortableturnip: OMG JT speaking in front of another BS group: http://jaablog.jaablaw.com/2007/09/04/
pardon-our-appearance.aspx?pg=2
&view=threaded
Posted 08/21/08 at 11:50am Neeneko: @Quander - I"m not all that familiar with FFXI, but maybe this mob just requires more gank? or there is a trick? larger group?
Posted 08/21/08 at 07:54am sortableturnip: The "smoking gun" is the Florida Bar dropping its insurance coverage from Nationwide
Posted 08/20/08 at 05:19pm jccalhoun: it would be interesting to hire a detective to investigae Jacko and find out his "smoking gun"
The terms of a EULA on their website are entirely irrelevant if she wasn't provided with a copy of it when she placed the pre-order. Remember that this didn't occur on their website, it was at a physical place of business. The only applicable terms will be those which were either verbally communicated to her or written on a document she signed.
Additionally, if she did sign something which made reference to the EULA on the website, but she was not provided with a copy of the EULA terms *at the time*, those terms are not likely to be upheld.
Contract law is not as simple as 'lol read the fine print noob'. Contracts which attempt to obfuscate their terms from the other parties drift into the area of fraud.
That all aside, she stands a better chance of pressuring the company into backing down simply by getting enough press coverage of their dodgy dealings that it becomes a PR issue.