Slashdot Mirror


Gamer Banned From Dragon Age II Over Forum Post

RogueyWon writes "Kotaku is reporting that a Dragon Age II gamer banned from BioWare's forums for an allegedly inflammatory post has been locked out of the (singleplayer only) game for the duration of the ban. This is a consequence of EA's backend systems, which link forum accounts to the accounts that players use to access their games. This would appear to be a worrying new development; while trolling forums has led to bans from massively multiplayer games in the past (arguably with some justification), the extension of the principle to singleplayer games, where an abusive player cannot affect the enjoyment of others, must surely be a step too far."

469 comments

  1. Bad summary by devxo · · Score: 2, Informative

    Ah, in true slashdot spirit the summary "forgets" a few things from the story. First of all, he wasn't banned from playing the game. He bought the game from EA online store and because he was banned, the installer didn't work. And to be honest, for me that sounds more like a bug than EA trying to ban him from a single player game.

    1. Re:Bad summary by Dunbal · · Score: 4, Insightful

      He bought the game from EA online store and because he was banned, the installer didn't work.

      Thus effectively banning him from the game. Your point? Or do you wish to continue being a pedant?

      --
      Seven puppies were harmed during the making of this post.
    2. Re:Bad summary by Anonymous Coward · · Score: 5, Insightful

      The distinction is important because there is a difference between EA knowingly and intentionally banning the user from single-player game, and EA accidently banning the user from single-player game. If it is an accident, and EA agrees that it is wrong, and fixes it... then there is no reason to attribute malice to EA.

    3. Re:Bad summary by Anonymous Coward · · Score: 0

      Ah, in true slashdot spirit the summary "forgets" a few things from the story. First of all, he wasn't banned from playing the game. He bought the game from EA online store and because he was banned, the installer didn't work. And to be honest, for me that sounds more like a bug than EA trying to ban him from a single player game.

      That's great aside from the part where the BioWare community rep confirms that posts that are reported can be actioned to prevent you from playing the game. It's a feature.

    4. Re:Bad summary by RogueyWon · · Score: 4, Informative

      Submitter here - thought I ought to make a quick reply:

      On your first point - the effect of the ban was to prevent the user from installing (and hence playing) the game. It wasn't that they prevented the user from buying the game (which would have been stupid, but arguably less evil) but rather that money had changed hands and the user wasn't able to access the game due to the ban. Given the space limitations on story titles and summaries, this felt like a fair summing up to me.

      On the second point, I had first hoped, when I read TFA, that this was due to a backend bug. However, the response from Bioware makes it fairly clear that from their point of view, this is "working as intended".

    5. Re:Bad summary by gmueckl · · Score: 3, Insightful

      The summary does indeed make it sound as if the guy was banned from playing a game that was already installed and running, thus being banned from using something already in his possession. After all, there is a login screen in the game. There is a bit difference between being barred from downloading something and being barred from actually using it after it was purchased and installed.

      --
      http://www.moonlight3d.eu/
    6. Re:Bad summary by GooberToo · · Score: 0

      Its really a story about idiots who buy their games online. Unless you're getting seriously steep discounts, physical media should always be preferred.

    7. Re:Bad summary by Anonymous Coward · · Score: 0

      You are fucking stupid. I could go on, but what's the point?

    8. Re:Bad summary by Anonymous Coward · · Score: 0

      You know, at first glance this seems harsh. However, there are precedents for this type of thing. Think of a movie theater. If you buy a ticket, go in and act like an ass - you get kicked out and don't get your money back and don't get to see the movie. Games are likewise entertainment with no intrinsic value (just entertainment value). Seems like a similar situation where "an asshole got owned". Perhaps if folks would be a bit nicer or at least civil to others there wouldn't be any story like this.

    9. Re:Bad summary by jaymz666 · · Score: 2

      Is physical media really that much better when the installer requires online activation? I have this game and I have the DVD, but it requires online activation when launching for the first time.

    10. Re:Bad summary by ShakaUVM · · Score: 4, Interesting

      >>If it is an accident, and EA agrees that it is wrong, and fixes it... then there is no reason to attribute malice to EA.

      Except it does sound like working-as-intended.

      But then again, this is the same company that jumped onto the social media bandwagon, merged their accounts with EA, corrupting them in the process so that I both couldn't log on and couldn't reset the password (it would fall into an infinite loop). And did things like tying their server uptime during the demo into getting exclusive items in DA2, which promptly killed their servers and forced (well, if that's the right word) people to play the demo over and over until the damn servers stayed up long enough to get credit for it. If it dropped even once during the demo, you wouldn't get credit at the end.

      And so forth. I believe they're both incompetent *and* filled with hate and malice.

      Probably a new thing Bioware got from the EA merger.

    11. Re:Bad summary by dragonhunter21 · · Score: 1

      Whether through incompetence or malice, the result was the same. If it was incompetence, it means that it could happen again. If it was malice, then that it likely will happen again.

      --
      Sent from my CR-48
    12. Re:Bad summary by RogueyWon · · Score: 5, Insightful

      If this were a massively multiplayer game, I would agree entirely. In fact, if this was a ban from the multiplayer portion of an online and offline game, I would also agree. However, the Dragon Age games are resolutely single-player only. You can't actually ruin somebody else's experience of the game, in the way that shouting and screaming in a movie theatre would ruin the movie for others.

      I don't like to push an analogy too far, but I think there's a better one here. This is like buying a DVD from a store and then standing around in the store shouting abuse. The staff would be absolutely within their rights to remove you from the store, but not to confiscate the DVD you'd bought off you as well.

    13. Re:Bad summary by Ephemeriis · · Score: 1

      He bought the game from EA online store and because he was banned, the installer didn't work.

      Thus effectively banning him from the game. Your point? Or do you wish to continue being a pedant?

      If the game had already been installed, he could presumably continue playing.

      So he was not banned from playing the single player game, he was prevented from installing it.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    14. Re:Bad summary by dragonhunter21 · · Score: 5, Insightful

      Preventing the user from playing a game he'd bought.
      Preventing the user from installing a game he'd bought (And, by extension, preventing the user from playing a game he'd bought).

      The installation is irrelevant. The important parts are that he bought the game legally and then was not able to play it. The mechanism of denial isn't important.

      --
      Sent from my CR-48
    15. Re:Bad summary by Kjella · · Score: 1

      Its really a story about idiots who buy their games online. Unless you're getting seriously steep discounts, physical media should always be preferred.

      My experience is that it doesn't really matter anymore. Almost every game has some kind of online activation or account, if that one is down having the CD/DVD won't help you. And if that works then it doesn't matter if the download is a few bytes or ten gigabytes.

      I suppose in theory having physical media give you other options like phoning for a code - if that number is still active, of course. And if you first need a crack, surely someone will pack the full game + crack as well.

      --
      Live today, because you never know what tomorrow brings
    16. Re:Bad summary by radicalpi · · Score: 1

      I suppose I'm an idiot. I buy all of my games through Steam. If Valve ever goes under or Steam is sold off to someone less accepting, I may very well be screwed. But, I average about 67% off on the games I buy, so I guess it's worth the risk.

    17. Re:Bad summary by Anonymous Coward · · Score: 1

      Its really a story about idiots who buy their games online. Unless you're getting seriously steep discounts, physical media should always be preferred.

      until the DRM madness ends i will never buy a game online.

      as for this "ban" ... fuck it, if EA won't make this right and give him a good working game for his perfectly good money, i am sure the pirate community will have something for him.

      even if you think piracy is terrible and wrong and something you would never personally do .. you must admit that pirates provide one of the only remaining checks against what is otherwise the entirely one-sided, unilateral power of big publishers. if this installer won't work for him i am sure a cracked one will.

      if the bigass publishers like EA want PAYING customers then they better treat us right.

    18. Re:Bad summary by Anonymous Coward · · Score: 0

      What? Fuck off. Buying online allows me to get the game instantly without having to shop or have it shipped to my house, and there's literally no difference between having a physical media or not except keeping the artwork around. You're the idiot here, not realizing that other people have different opinions.

    19. Re:Bad summary by nethenson · · Score: 3, Interesting

      In fact, it is a story of idiots who buy their games. Pirates don't have this problems.

    20. Re:Bad summary by FileNotFound · · Score: 4, Informative

      Your ignorance and know it all attitude is appalling.

      Digital purchases offer many advantages that physical media does not have.

      I own over 200 games on Steam. I can play any one of them anytime. I have purchased well over 1000 games over the course of my life - except I can't find majority of them, the rest have scratched up disks, lost CDkeys, lost manuals and hard to find patches.

      I can go on travel bring nothing but my laptop and play any game I own from the hotel room.

      I have reached the point where I REFUSE to buy physical media because of the inconvenience of actually using it. Need the disk to play, need to carry disks with me for every game I may wish to play, need to manually patch everything.

      --
      In Soviet Russia, the television watches YOU!
    21. Re:Bad summary by Ephemeriis · · Score: 0

      On your first point - the effect of the ban was to prevent the user from installing (and hence playing) the game. It wasn't that they prevented the user from buying the game (which would have been stupid, but arguably less evil) but rather that money had changed hands and the user wasn't able to access the game due to the ban. Given the space limitations on story titles and summaries, this felt like a fair summing up to me.

      Your summary implies that the game had already been installed and was working. This is not the case. There is a difference between banning somebody from a game, and preventing them from installing it in the first place.

      Your summary implies that EA could, at any time, swoop in and prevent gamers from playing their games. This may actually be true. But that isn't what's happening here.

      The actual situation is no different than if his Internet went out - he would be unable to use the installer, but still able to play anything already installed on his machine.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    22. Re:Bad summary by Belial6 · · Score: 1

      No, this is more like you buy a Disney DVD, then go to Disneyland and act like an ass, so Disney kicks you out of the park, and then for added measure, comes to your home and smashes your DVD.

    23. Re:Bad summary by Anonymous Coward · · Score: 0

      I guess EA just wanted to push one more person to piracy. They must not like getting paid for this or any future game. Who would have thought!

      The installer app in the copy on the pirate bay does not have this 'feature'

    24. Re:Bad summary by Anonymous Coward · · Score: 0

      If unauthorised copying is considered "theft," then how is this not? No matter how you cut it, they're taking away something that he rightfully owns - that being, the right to install his copy of a game that he owns.

    25. Re:Bad summary by 91degrees · · Score: 1

      There is a difference between banning somebody from a game, and preventing them from installing it in the first place.

      The difference seems pretty insignificant in this case.

      They're two different ways of preventing the guy from playing the game. Either way, the guy's unable to use the game he bought. Seems unfair given that playing the game doesn't affect anyone else.

    26. Re:Bad summary by Anonymous Coward · · Score: 0

      And to be honest, for me that sounds more like a bug than EA trying to ban him from a single player game.

      That's not correct.

      If you click on the forum thread (first link in the Slashdot summary) and scroll down to the end of the thread, someone from Stanley Woo from Bioware provides an official response to the incident, including:

      "EA Community bans come down from a different department and are the result of someone hitting the REPORT POST button. These bans can affect access to your game and/or DLC."

      So this is no accident.

    27. Re:Bad summary by smelch · · Score: 0

      Yeah but a bug in software that causes it not to work on some systems is not referred to as "banning from a single player game." It is called a bug. This is a bug, not an intentional punishment for posting on the forum. Intent is a lot more important than result when dealing with something as insignificant as a video game. This isn't the leader of a country making a mistake and a bus full of baby otters crashes in to a school for rabbits killing thousands of civilians in the process, this is software. Bugs happen.

      --
      If I can just reach out with my words and touch a butthole, just one, it will all be worth it.
    28. Re:Bad summary by Sprouticus · · Score: 1

      IANAL, but If they took his MONEY, and then refused to produce the product purchased, that sounds a lot like fraud.

    29. Re:Bad summary by Anonymous Coward · · Score: 0

      He bought the game from EA online store and because he was banned, the installer didn't work.

      Thus effectively banning him from the game. Your point? Or do you wish to continue being a pedant?

      If the game had already been installed, he could presumably continue playing.

      So he was not banned from playing the single player game, he was prevented from installing it.

      When EA designed this system they knew it could end up affecting players who had not yet installed their game. They knew or they should have known. Now that they absolutely know for sure, they should either file this as a bug and FIX IT or they should admit that it's an intentional effect. Either way this guy gets screwed out of a game he purchased that means he got defrauded, ripped off, fucked over however you like to put it, and that is the fucking point. Is that plain enough for you to understand?

      Why you think splitting hairs is so important and why you want to whitewash EA's actions here is a mystery. Are you an employee of EA? If you are maybe you want to tell your masters that many people see this and feel like yet again, the paying customer suffers something that would never happen to a pirate. EA are a bunch of morons if they let this stand though at this point if they reverse it, it will be just to cover their own asses after all the bad publicity. It definitely won't be because they think ripping off their customers is wrong. Assholes.

    30. Re:Bad summary by smelch · · Score: 0

      Seriously, is it more inconvenient for you to run down the street and pick up the fucking game (10 minutes) or download a huge ass game (2 hours) every time you install it on a new computer? Video game installers don't stream "instantly" like neflix video does.

      --
      If I can just reach out with my words and touch a butthole, just one, it will all be worth it.
    31. Re:Bad summary by Anonymous Coward · · Score: 0

      I could go on, but what's the point?

      Indeed. What was the point in posting the comment in the first place if there's n point in actually saying anything constructive?

    32. Re:Bad summary by Anonymous Coward · · Score: 0

      And in true slashdot spirit, the content of your rant about the incorrect summary make it painfully obvious that you didn't read anything but the summary.

    33. Re:Bad summary by hairyfeet · · Score: 5, Insightful

      But if that is true AC then that means this is just yet another example of when the pirate game is the better version as yet again the badly designed DRM bites the customer in the ass. I've had to go and download the cracked version of games I bought and paid for because the DRM was such a PITA I spent more time fighting it than I did the bad guys.

      The problem is these damned games companies seem to be forgetting we are the ones that pay them and that they DO have competition in the form of piracy. If I feel mistreated and ripped off after I give you my money and your shitty DRM causes me nothing but grief, why would I not just pirate the next version and save myself some grief?

      To use the famous /. car analogy: If I have two car lots and one offers me a car for x dollars and proceeds to kick the shit out of me when I pay while the lot across the street may have cars of dubious origin but not only don't charge me, but treats me well? Wouldn't be a hard choice for most folks.

      These companies either need to go the Good Old Games approach and offer us DRM free with rewards for buying, like how GOG gives you extras like soundtracks and strategy guides, or just agree to go with Steam with NO extra DRM bullshit. Because not only is this DRM a PITA but as a repairman I can tell you SecuROM and the others Can and DO cause system instability and a host of other problems including but not limited to burnt DVD/CD drives. For example certain versions of that crap WILL happily install x86 Ring 0 DRM into a 64 bit OS and then not only screw shit up since you have an x86 driver in Win X64, but then the uninstaller doesn't work and you get the "fun" of either dual booting and cleaning it out from the other OS or a couple of hours in safe mode editing the registry and removing files.

      TL:DR? Pirate version good, legit version shit.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    34. Re:Bad summary by DarthVain · · Score: 2

      Yes. Mental note. If I want to play their shitty game (which I don't) I had better pirate it rather than buy it just in case they arbitrarily decide to prevent me from playing a game I paid them money for. Glad they cleared up that moral ambiguity for me.

    35. Re:Bad summary by Seumas · · Score: 1

      Yeah, physical media is great, until it is lost or damaged. And until you have to finger through your collection of physical media and manually remove/insert them into your drive every time (and, of course, hope they still actually work - especially over time). Not to mention, having physical media really wouldn't help in these situations since you still have to sign up for an online BioWare/EA Social Network account to activate/register/use your content and then you have to login to that account via your game every time.

    36. Re:Bad summary by Anonymous Coward · · Score: 0

      I'm not arguing that the result changes.

      If EA did so intentionally (as other posts seem to point to), then I will avoid EA products, and tell my friends to do the same.

      If EA just had a bug, then... so what? Lots of software has bugs. It's a fact of life. As long as they make a reasonable effort to fix the problem, that is the best we can expect. No software ships 100% bug free.

      I play Minecraft, and their login servers are always flooded and it can be hard to connect and play. The developer doesn't do this intentionally, and he is actively trying to fix the problem. It's annoying that it's a problem, but he's doing his best, so I can be patient.

    37. Re:Bad summary by Superken7 · · Score: 1

      Where are my modpoints when I need them. (I agree)

    38. Re:Bad summary by Artifakt · · Score: 1

      There are precedents, in the full legal sense of the word. Most states adopted specific laws in the 1920's and 30's for places doing public performance so that they had precedents on their side if they needed, say, to eject some patron for rowdyness. In most states, there is an implied contract law even though the patron doesn't actually sign a contract when they buy a ticket. You're talking about some past situations that can be vaguely analogized, and cases where those analogies fly in the face of the actual precedents under law, as though they were the actual precedents. The game studio, marketing a single player game, really CAN'T claim the real legal precedents apply to them. That would be claiming that a special inclusion under contract law rule existed on at least some state's 20's and 30's additions to Titles, written so as to cover the electronic distribution of a private, single player experience, instead of the public theatre versions that cover such things as smuggling food into a public performance, and such laws simply don't exist.
              Now as to whether a little politeness and civility might have kept the problem from arising,, well perhaps it would have (as you said).

      --
      Who is John Cabal?
    39. Re:Bad summary by ildon · · Score: 1

      No, it's more like you ordered the DVD online from Disney, then went to their park and acted like an ass, so they looked up any pending purchases you had and put them on hold for the duration of your ban from the park, and then mailed them out after the temporary ban subsided.

    40. Re:Bad summary by jaymz666 · · Score: 2, Insightful

      I own over 200 games on Steam. I can play any one of them anytime

      Can you sell them, loan them to friends? Can you easily play one game on one PC and someone else play a different game you "own" on a different PC you also own?

    41. Re:Bad summary by stewbacca · · Score: 1

      And did things like tying their server uptime during the demo into getting exclusive items in DA2

      Which was incredibly cool and very creative on their part. I played the demo though a couple times with each character (probably around 10 times total) and never experienced server outages.

    42. Re:Bad summary by Ephemeriis · · Score: 1

      The difference seems pretty insignificant in this case.

      They're two different ways of preventing the guy from playing the game.

      In this particular case, yes, the end result is that he's unable to play Dragon Age II. If he'd already installed it before posting his comments though, he'd be fine.

      The implication in the summary is that getting banned on the forums will prevent you from playing a game you've already installed.

      Seems unfair given that playing the game doesn't affect anyone else.

      I'm really not sure why such a big deal is being made of the fact that this is a single player game. Even if it was multi-player, I'd think it unfair.

      Leave it up to the players. If I'm being an asshat, they can kick me off the server or ban me or blacklist me or whatever.

      I suppose it might make sense in an MMOG specifically...

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    43. Re:Bad summary by Seumas · · Score: 1

      With a digital version, I don't have to store them anywhere. I don't have to switch out discs. I don't have to worry about theft. I don't have to worry about physical damage to the media. I don't have to down to the local game store (which in most cases means Walmart, Target, Best Buy, GameStop or other questionable retail outlets). I don't have to pay tax. I don't have to spend the time going and picking it up or dealing with asshats. I don't have to wake up in what is the "middle of my night" (I work at night) so I can get to the store on the store's time frame. I can usually get games digitally that have long since stopped being stocked at the store (especially since it's getting harder to find a great selection of PC games in stores). I don't have to deal with serials (usually, since they're handled by Steam).

      Digital stuff isn't perfect and has a lot of potential for abuse, but it's hard to establish that it's in any way worse than physical content downfalls (except for the whole part where you pay full retail price on new games, despite not having any of the traditional retail expenses to justify the overhead . . . but that has more to do with negotiations with retailers, where publishers and developers would be dropped from, say, Walmart if they gave digital uses a steep discount over retail price).

    44. Re:Bad summary by stewbacca · · Score: 1

      What is this physical media you speak of?

    45. Re:Bad summary by stewbacca · · Score: 1

      Sorry, but wrong in some cases. The closest store to my house that would carry this game is Wal-mart. I don't shop at Wal-mart, so the next closest is Target. Sold out. The next closest after that is Best Buy. Ok, purchased, drive home....my son has already purchased downloaded and installed DA2 and is level 3 already. So much for "10 minutes".

    46. Re:Bad summary by Anonymous Coward · · Score: 0

      On the second point, I had first hoped, when I read TFA, that this was due to a backend bug. However, the response from Bioware makes it fairly clear that from their point of view, this is "working as intended".

      Indeed, but at least he has an answer to his question now: yes, they have sold their souls to the EA devil.

    47. Re:Bad summary by Vanderhoth · · Score: 1

      like wise

    48. Re:Bad summary by ObsessiveMathsFreak · · Score: 1

      I don't like to push an analogy too far, but I think there's a better one here. This is like buying a DVD from a store and then standing around in the store shouting abuse. The staff would be absolutely within their rights to remove you from the store, but not to confiscate the DVD you'd bought off you as well.

      Ah, but no-one had "bought" anything! This user has "licensed" a piece of software and EA/Bioware have simply unilaterally revoked that licence; a prerogative they enjoy by virtue of their control of the source code, and due to the almost total lack of regulation or oversight of the software industry, and in particular the video game industry.

      Cases like this remind us that, as a professional industry, video games are still in the wild west. There is essentially no law regulation or guiding their use or sale. "Justice" is swift, unaccountable, and largely in the eye of the beholder. Purchase of software is no guarantee that the code will run, run correctly, or continue to run as intended. Gaming companies have time and again proven themselves utterly feckless custodians of their own code and services.

      Cases like this are what is going to lead to industry-wide regulation and oversight. Game companies may complain, but as far as I can see, they're all being run by pig-ignorant goons who make things up as they go along. I'm sure the usual free-market nuts will complain as well, but they've no idea what they're talking about any. So bring on some laws and regulation and save us all from the capricious whims of game developers.

      --
      May the Maths Be with you!
    49. Re:Bad summary by Anonymous Coward · · Score: 0

      He was never "locked out" of the single player game. He just installed it while banned, and found that he couldn't activate it through his account to play it. His other registered games apparently play fine, so it's likely that if he had registered before the ban, DA2 would still be playing.

      Not "a fair summing up". Saying he got locked out of his game, and saying he can't access his account to activate the game, are two wildly different things, one being downright evil, the other the consequence of bad behavior.

    50. Re:Bad summary by ottothecow · · Score: 1
      I agree with the OP here.

      This is a very significant difference. It seems like it basically amounts to a bug in the installer that will get sorted out soon. This is *very* different from them having a kill switch that they can engage to prevent you from playing the game.

      The summary makes it sound like he was happily playing the game, decided to make some asshat posts in the forums, and then could not access the game anymore as a result. The story itself is barely newsworthy...bug in a new game prevents installer from working.

      --
      Bottles.
    51. Re:Bad summary by 517714 · · Score: 1

      He is suspended and unable to play the game for a whopping 72 hours. Big fucking deal!

      --
      The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
    52. Re:Bad summary by Anonymous Coward · · Score: 1

      EA needs to die a miserable death. I think we've all been in agreement of that for a long time.

    53. Re:Bad summary by Overzeetop · · Score: 1

      ...but kept your money that whole time anyway. Everything is okay (assholeish, no doubt, but okay) right up to the part where they took his money, IMHO.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    54. Re:Bad summary by GooberToo · · Score: 1

      Dip shit troll moderator...

      It can be. Had he had physical media available, he's free to register it however he likes. Since he purchased it as virtual goods, the purchase is directly associated with his troll account, thusly tying the two together.

      Virtual purchase means loss of control and privacy. Physical purchase means, in most cases, you retain control, privacy, and have physical media in hand; all more often than not.

      So basically, the troll was locked out entirely because he purchased a virtual download rather than physical media.

    55. Re:Bad summary by stewbacca · · Score: 1

      I agree completely, however, isn't there an option in Steam to register a game you own in physical form in Steam, so you can forget about the physical form? I'm pretty sure I have the Half Life 2 discs, but I play through Steam...unless I was stupid and purchased both?

    56. Re:Bad summary by tibman · · Score: 1

      For argument, do you feel the same with buying music? Buying MP3s online versus physical CDs?

      I use steam and push everything onto the storage server for fast re-install later (or for someone else in the house to grab it without having to re-download). Ditto for music. I think people are being way to harsh on you about physical media though. It is far better in the long run, obviously. But i feel most of the pro's of physical game copies are false. Most games have cd-keys, which prevent safe re-sell.. i would never buy a game that someone else had the key for unless they were a good friend. Online activation also prevents a purely offline install from working. On the other side, steam won't last forever and it's possible all my games (currently 74) will cease to work through steam. Another downside is no pretty manual and goodies in a box : )

      It's all end-user preference, imo.

      --
      http://soylentnews.org/~tibman
    57. Re:Bad summary by stjobe · · Score: 5, Informative

      Except that you're wrong. Follow the first link in the summary, scroll down to the last post:

      1. BioWare community bans are forum-only and can be for as little as 24 hours. These bans should have no effect on your game, only your ability to use all the features of this website/community. these bans are handed out by BioWare Moderators as the result of our travels around the forum and/or issues reported by fellow community members.

      2. EA Community bans come down from a different department and are the result of someone hitting the REPORT POST button. These bans can affect access to your game and/or DLC.

      Item 2 kinda says it all, doesn't it?

      --
      "Total destruction the only solution" - Bob Marley
    58. Re:Bad summary by smelch · · Score: 0

      Maybe you're playing different games than me but of the games I've purchased recently. Civilization IV (bought at the store, activated on steam). All the benefits of steam but also I have a nice disk and printed manuals to go with it. As far as I know they were the same price. When I get a new machine its much faster to install from the disc than install from the internet. Starcraft II, bought at a store, can download again at any time from Blizzard. Neither of these require me to swap out a disc.

      --
      If I can just reach out with my words and touch a butthole, just one, it will all be worth it.
    59. Re:Bad summary by Dunbal · · Score: 2

      You obviously did not read BioWare's official reply - to sum it up: "It's in the TOS which you violated, so tough luck". No, no malice at all.

      --
      Seven puppies were harmed during the making of this post.
    60. Re:Bad summary by EvanED · · Score: 1

      So for the Valve titles, even if you get the physical media, you still have to play through Steam. Essentially the only difference between buying the electronic copy and the retail version is the discs eliminate most of the download step. (E.g. if Steams servers went away, you wouldn't be able to play the game from the retail discs.)

    61. Re:Bad summary by twidarkling · · Score: 3, Insightful

      Actually, it is, since the failure point comes in at a different moment. It's like having a television delivered. The actual case is akin to expecting the TV to show up today, so you clear some space to deal with that, and plan to use it that night. Then you get a call and get told "it's not showing up today." Yeah, it sucks, but it's not there, so there's not much you can do. Preventing someone from playing an already installed game is having the TV show up, and get set up, but then the delivery people stand there and slap your hand away from the remote any time you go to use it. It's there, there's no real reason you couldn't use it, except some gatekeeper's making you not.

      EA's installation manager is actually a *download* manager. It's merely delaying the delivery of digital goods due to a flaw in the backend stating that no deliveries can be made to that address when someone clicked an option to stop other kinds of activity from that address. If you can't see the functional difference in the situations, it's because you're being wilfully stubborn.

      --
      Canada: The US's more awesome sibling.
    62. Re:Bad summary by canajin56 · · Score: 1

      If the game had already been installed, he could presumably continue playing.

      If it's anything like Mass Effect 2, then DA2 connects and authenticates each time you launch, not just at install. If it had already been installed, he probably still would be locked out.

      --
      ASCII stupid question, get a stupid ANSI
    63. Re:Bad summary by FileNotFound · · Score: 2

      Well - not by Steams terms. But yes to both.

      Log in one one machine. Install game. Put steam in Offline mode. Play game on multiple PCs at same time.

      Personally, I couldn't care less about loaning games or selling them. To me the convenience of not having to care about physical media and having every single game I own available anywhere that I have an internet connection is worth it.

      Ultimately many physical games today have DRM that prevents sales, loans etc due to the limited number of installations, one time use keys bound to online accounts etc. This means there are no upsides to owning physical media anyway.

      --
      In Soviet Russia, the television watches YOU!
    64. Re:Bad summary by stjobe · · Score: 2

      Your summary implies that EA could, at any time, swoop in and prevent gamers from playing their games. This may actually be true. But that isn't what's happening here.

      They can. Check out the Bioware answer in the last post of the thread that's linked from the summary:

      2. EA Community bans come down from a different department and are the result of someone hitting the REPORT POST button. These bans can affect access to your game and/or DLC.

      And that's just so messed up it's unbelievable.

      --
      "Total destruction the only solution" - Bob Marley
    65. Re:Bad summary by Seumas · · Score: 1

      As you point out, your diskless utilization of these is only possible because of the digital services. Unfortunately, the games for which you can redeem serials on Steam from physical purchases are very few. In fact, this is the first I had ever heard of anything that wasn't a Valve game being able to do this (and not 100% of Valve games can even be redeemed on the Steam service, either).

      Also, I don't have to install anything a second time, either. I have a drive set for my steamapps folder. New machine? Install the 1.5mb Steam client and point/symlink it to the drive for its steamapps folder. I currently have something like 350 of my games from Steam installed on this machine (yeah, I know, that's a little overboard).

    66. Re:Bad summary by Anonymous Coward · · Score: 0

      Either way it's fraud. A product was paid for, payment was accepted and the product was not delivered.

    67. Re:Bad summary by Dunbal · · Score: 1
      Not to mention savings in certain areas like time, fuel, taxes and even import duties - depending where you live. I live in the 3rd world and previously I had the following choice:

      1) Go to the (and I mean THE, because there was one in the whole country) brick and mortar store, choose from the limited selection of titles available of games from last year, pay $120 for a $40 title, ignore that the box has already been opened and the game already been "reviewed" and played by the store owner/employees, and hope that the serials haven't been made public meaning you can't install, or

      2) Pirate and download a torrent for free, but be a criminal and risk having your machine compromised by a trojan, or

      3) Order it from Amazon or an online retailer, wait 3 weeks while it clears customs, and pay at least double what it costs in S&H and customs duty.

      Downloading games is worth it for some, even if we have to put up with crap like this at times.

      --
      Seven puppies were harmed during the making of this post.
    68. Re:Bad summary by dragonhunter21 · · Score: 1

      Very true. All signs point to malice from what I've read (Although that could be attributed to the guilty-until-proven-innocent mentality when it comes to big developers these days), so I extrapolated from there. If it was, in fact, a bug, then I have no problem with this- but the fact of the matter is that EA reserves the right to deny you access to your game when they feel you've behaved badly, and that's not OK. Even if that wasn't the case here, it brought that sad fact to light.

      --
      Sent from my CR-48
    69. Re:Bad summary by twidarkling · · Score: 1

      Ten minutes? Not everyone lives down the block from a game store, and further, not everyone lives where it's feasible to own a vehicle. Those two facts alone means your ten minutes is laughably naive. Furthermore, the only game store worth a shit within THIRTY minutes of me is only open until 5 or 6 except on Thursdays, and they operate a lot on preorders, and so don't carry a lot of spare copies on release week. By way of comparison, Steam is always open and with plenty of copies. 2 am? Sure. And I get the game downloaded in about an hour, too. Or I buy it at 10pm, download it while I sleep, and then play it at 6am, well before the store opens at 9. And I don't have to do it every time, either, since I have a rather large backup solution that I can save install files on for the games I know I'm going to want to replay often. Then it's simply a matter of how quickly my gigabit ethernet network can transfer the file to whichever computer I want it on. Installation after that is usually about 5 minutes.

      --
      Canada: The US's more awesome sibling.
    70. Re:Bad summary by Dunbal · · Score: 1

      No. They have other problems. Like having their torrent bandwidth throttled, infecting their machine with trojans, or getting corrupted files or incomplete DRM circumvention causing their games to stutter/crash.

      --
      Seven puppies were harmed during the making of this post.
    71. Re:Bad summary by jitterman · · Score: 1

      I got the same mileage from your .02 as you did - I have done this on quite a few occasions, most recently with... Dragon Age: Origins! I had technical issues (game froze at a certain point in the story, no matter who I played as). When they (whoever EA contracts with for "support") found out I was running Win7 64 they told me tough luck, too bad. I grabbed a usenet copy, and bam, everything happy. I can't say why of course, but this wasn't the first time a problem was resolved with a "stripped" copy.

      --
      For conscience is the wound, and there's naught to staunch it
    72. Re:Bad summary by jaymz666 · · Score: 1

      The installer, on the disc, still required online activation using your social.bioware.com account... so even with physical media you are screwed.

    73. Re:Bad summary by twidarkling · · Score: 1

      Not everyone wants to sell their games. Some people collect them, you know. And yes, you can easily play one game on one PC, and then have someone play a different game you own (nice scarequotes, tardmonkey) on a different PC, since all you need to do is put steam in offline mode on one computer, and then you can play any of the games that don't require steam authorized servers (pretty much any non-Valve game). As for loaning them to friends, well, same deal. Go over to their place, log on to your steam account, install said game, and go in to offline mode. They can play, and YOU CAN PLAY IT AT THE SAME TIME! It's even better than loaning physical media. Betcha thought you were clever or something.

      --
      Canada: The US's more awesome sibling.
    74. Re:Bad summary by Anonymous Coward · · Score: 0

      Yeah and if you make a mistake or anyone screws up then you can lose your whole library. Read this thread and the comments about people that had similar things happen.

      Good luck is all I say say. They can lock you out of your giant library at any time. Fuck Steam, EA, and anyone else pulling this bullshit.

    75. Re:Bad summary by Anonymous Coward · · Score: 0

      I own over 200 games on Steam. I can play any one of them anytime

      Can you sell them, loan them to friends? Can you easily play one game on one PC and someone else play a different game you "own" on a different PC you also own?

      Answer to both: Does he care? Obviously, no. And he's perfectly happy about it. And he'd rather play video games than care about your pedantry.

      When was the last time you had to do any of that? Are you really that much of a pedant/OCD sufferer that you MUST sell all your PC games after you're done with them? That you feel the need to sell ANY of them? Is there REALLY that much of a market for used PC games? I know I haven't seen one, and I've been gaming on PCs since long before Steam et al took off.

      Or are you seriously that tight on cash? If you NEED that much cash, maybe you shouldn't be wasting money on video games in the first place. If you're just a tightwad, get over it.

    76. Re:Bad summary by MachDelta · · Score: 1

      You only need one authentication to play, after that you don't need to be logged in or even have the disc in the drive.

    77. Re:Bad summary by jitterman · · Score: 1

      I don't think this makes you an idiot. To be sure you don't have issues in the future though, maybe download cracked versions and store them some place safe - you have paid for these applications, so I don't see where owning a copy that will allow you to use them without regards to the continued existence of their distributor is a bad or immoral thing.

      --
      For conscience is the wound, and there's naught to staunch it
    78. Re:Bad summary by twidarkling · · Score: 1

      No, not really. Though it's one of the big positives of digital delivery, there's absolutely nothing stating that you *need* to be able to instantly download it. They're producing the product, just... later.

      Damn it, I feel like I'm defending EA, but I'm not. I'd be rightfully pissed if they stopped him from continuing to play his game, but for not being able to simply download it in the first place, there's too many other things that could cause that for me to work up any righteous indignation.

      --
      Canada: The US's more awesome sibling.
    79. Re:Bad summary by dragonhunter21 · · Score: 1

      Again, the end result is what matters. Either way, in either scenario, the person could not play their game when they should have been able to.

      Better version of your example would be the company delivering the TV calling and saying, "Yeah, you bought the TV and all, but because you went online and made a snide comment about our company, we're not going to deliver it for another day and a half."

      Mind you, this is working on the assumption that 1) This was not a bug, and 2) it was intentional (Unintentional being James A. Mod accidentally pressing the "Ban everything" button rather than the "Forum-ban" button).

      --
      Sent from my CR-48
    80. Re:Bad summary by MachDelta · · Score: 1

      No, they just haven't yet delivered something he bought. It's not gone, just delayed.

    81. Re:Bad summary by Anonymous Coward · · Score: 2, Insightful

      If you can't see the functional difference in the situations, it's because you're being wilfully stubborn.

      So if you disagree with him then the only possible explanation is that he's being wilfully stubborn? There's no chance at all, no matter how miniscule, that it might be you that's not seeing the essential similarity rather than him who's not seeing the essential difference?

      Have you tried seeing anyone about this problem?

    82. Re:Bad summary by stewbacca · · Score: 1

      First, let me be upfront and say if you don't do stupid shit and get your dumb ass banned in one game from a particular company, they have no reason to ban you from a second game.

      Second, however, I think #2 in your example does NOT clearly imply that bad behavior in one game can cause a ban in a second game. It says "access to your game"...singular...as in the game you were acting like an a-hole, you may not have access to it.

      Now if #2 said, "games" and not "game", I'm all for banning dumbasses from playing other games (caveat: what's the purpose of banning a guy from a single player game, though?...seems like a lazy way to enforce online bans...blanket banning).

      If I sound conflicted, I am. Unlike the rabid black/white world of slashdot, there is merit to both black and white in this instance. Predictably, the black side will pirate their games and bitch about big corporation and DRM and the white side will stick to their world view. Anyone care to meet me in the middle?

    83. Re:Bad summary by Seumas · · Score: 1

      Only Valve's own games allow you to redeem serials from a physical copy into the Steam service, though someone else here mentioned they did that with Civilization IV, so maybe there are a few other exceptions. Additionally, some games now use Steamworks, which utilizes the Steam framework (I think Civ V might be one). So even if you buy a physical copy of a game, you'll still have to access it via services like Steam.

      In fact, as developers begin using Steamworks as a solution to a lot of their backend stuff, you'll start to find even fewer reasons to bother with a phsyical copy of a game. For example, take this from the Steamworks product wiki at Valve. And note that some of the stuff seems to be fairly "evil", but it's not like every other company isn't already implementing something like this or won't be in the future. My view is merely that at least Valve has given me a great experience as a gamer and customer for the past decade and the client is very customer-friendly. A single login and a single client and everything makes sense (unless the labyrinthine bullshit involved to access other similar services, like EA, UBI and so on offer).

      And again, remember, the below things are going to be limitations and services placed on PHYSICAL copies of the media. Not merely the digital versions!

      Encrypted retail media
      Protect your day one release by shipping encrypted media to stores worldwide. No worry that your game will leak early from the manufacturing path, because your game stays encrypted until the moment you decide to release it.

      Anti-piracy
      End-to-end anti-piracy solution. Steamworks provides both a wrapper to protect your application and online authentication. Your game is associated with a single customer account, which is used for multiplayer authentication (no more “shared” key lists on the Internet). Plus, the ongoing benefits of customers being current and connected on Steam make piracy an unattractive option.

      Territory control
      Open up new markets. Games can be set to authenticate only in specific regions, allowing you to go day-and-date worldwide without the worry of grey marketing of products intended for specific territories.

      Key-based authentication
      Easy, known, and proven path for customers to authenticate their game. Keys are the backbone for inventory control and sales data. Keys can be customized for region, content, language, and SKU.

    84. Re:Bad summary by Sir_Sri · · Score: 2

      Ah but you see they are working hard to eliminate the competition from piracy. I don't have DA2 yet, but notice with DA1 it logs you in every time you try and play? The infrastructure around the game is now like an MMO even if the content itself is single player. If you don't log in, you don't have access to any of the downloaded content (which fairly quickly can become problematic if you rely on any of it for gameplay).

      With ME2 EA claimed to look at piracy as get another venue to get customers to buy DLC. But if the game itself is accessed via your account, and they have some reasonably good method of tying a game to an account, well, it becomes significantly harder to pirate doesn't it?

      I'm not saying that's good. But the gaming business is moving to 'integrate' online even into single player, and is going to put your saves in a cloud and so on, wrapped up together this significantly raises the barrier of entry to piracy, and makes used game sales nearly a thing of the past. You can say all you want they're competing with piracy, but from their perspective they are doing everything they can shy of putting a FOB key in the box to force you to either buy it, or not play it.

    85. Re:Bad summary by Anonymous Coward · · Score: 0

      And he was already charged for the DVD. (So it was not a "pending purchase", more like pending delivery)
      And you think this is right? how?

    86. Re:Bad summary by Ephemeriis · · Score: 1

      Your summary implies that EA could, at any time, swoop in and prevent gamers from playing their games. This may actually be true. But that isn't what's happening here.

      They can. Check out the Bioware answer in the last post of the thread that's linked from the summary:

      2. EA Community bans come down from a different department and are the result of someone hitting the REPORT POST button. These bans can affect access to your game and/or DLC.

      That still doesn't indicate whether a ban on the forums will necessarily prevent you from playing a game that you've already installed. Only that it can affect access. Being unable to download a fresh copy for a new computer would affect my access... But it wouldn't prevent me from playing one I already had installed.

      Of course I'm going to be called a pedant and told that this doesn't matter...

      But what if he'd bought his game from a brick & mortar store? Would he still be having trouble playing with this ban? Would it actually disable the game itself? Or is it just because he bought it from EA?

      And that's just so messed up it's unbelievable.

      I'll agree that it is not an idea situation... But it's very believable. This isn't the first story here on Slashdot about somebody losing access to their EA games because of forum activity.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    87. Re:Bad summary by Moryath · · Score: 2

      In tonight's news: EA are a bunch of fucking dickheads.

      In other news: Water is wet. Ice is cold.

    88. Re:Bad summary by Carewolf · · Score: 2

      Pirated games are much less likely to install a rootkit on your machine than an original games. The rootkits are usual removed from the original game when they are cracked. It you care about viruses or being hacked you should use cracked games.

    89. Re:Bad summary by marnerd · · Score: 1

      Yes, the functional difference between interrupted service and undelivered service is obvious. But the ethical difference is slim: If I have paid you for a good or service and you have accepted my cash and then fail to deliver what I paid for you have breached our agreement. If it is accidental, especially if it is for reasons beyond your control, then it is a bad thing, but certainly forgivable. But if I give you money, you accept the money and then say "Nope, I'm not going to deliver for a while because you said something I didn't like", that is as unethical as disabling a service I have paid for.

      --
      Not so much a sig as a lack of one.
    90. Re:Bad summary by Sky+Cry · · Score: 1

      I'd take it a level further. Improper behavior on the forums should result in a ban on the forums. Improper behavior in-game should result in a ban from the game. This is how many online games are handling the issue. When you're dealing with paying customers (as opposed to anonymous users in free games, for example), any counter-measure should be "just enough" to prevent further misconduct and not a step more.

    91. Re:Bad summary by PIBM · · Score: 1

      If you hosed your account by trolling excessively, I expect you to create a new account to active things under.

    92. Re:Bad summary by stewbacca · · Score: 1

      So this only works with Valve games then? I have played exactly three video games in the past 5 years (HL2, WoW and Dragon Age), and Dragon Age was on my PS3, so I have no idea really how Steam works these days.

    93. Re:Bad summary by Anonymous Coward · · Score: 0

      which could be entirely avoided if a, he had not been a trolling douche, or b, not purchased his game online.

      or c, EA hadn't made the intentional and absolutely indefensible decision that they had the right to steal (yes, literally steal) products from people who paid for them.

      Neither trolling nor the horrible crime of buying something - gasp! - online can justify that, and you know it.

    94. Re:Bad summary by hairyfeet · · Score: 3, Informative

      I bet five will get you ten they were using shitty Ring 0 DRM that was written for x86. You actually got lucky as I have seen Ring 0 x86 crap install into x64 and the the uninstaller WILL NOT UNINSTALL no matter what you do and the Ring 0 crap since it can't read 64 bit code will cause the whole system to become as unstable as Win9x as it assumes you're a pirate and tries to constantly rescan.

      For a perfect example that you can point to when someone says "the DRM isn't obtrusive, it doesn't hurt legit customers, blah blah blah" I'd suggest you watch this video (warning language NSFW, but when you see why he is POed you'll understand) and bookmark it to answer the pro DRM crowd. Also take note and point out the literally dozens of games boxed behind him lining the shelves which he points out many no longer work thanks to DRM.

      So consider yourself lucky Jitterman, as you'd be amazed how many customers CD/DVD burners I've had to throw away thanks to DRM throwing them into PIO mode and burning the motors, or how many times a customer has had to pay me because "I think I have a virus" which turns out to be shitty DRM that is as nasty as any badly written malware and can take a rock solid XP or Windows 7 system and bring it to its knees. I'd also suggest frequent backups as well as system restore points before any game install if you are running x64, since as I said many x86 Ring 0 DRM crap WILL install itself onto x64 without warning or user interaction and proceed to make an unholy mess of your system.

      But yet again the legit customer gets burned, the pirate has a game that "just works" and runs better than the legit version with fewer bugs and errors as well as needing fewer resources. Sad isn't it?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    95. Re:Bad summary by WitnessForTheOffense · · Score: 1

      I'll bite. Banning from single player games is okay. Where's the player's refund though?

    96. Re:Bad summary by kevinNCSU · · Score: 1

      You're close, but he didn't have the DVD in his hand. It's more like a fast food restaurant, where you came in, made your order and paid. The food was made for you, ready, and put on the counter, but you were so busy picking fights with other customers that you didn't manage to pick it up before you got thrown out for causing disturbances. Now that you're standing outside in the cold you suddenly remember "HEY, my food is in there!", and start bitching. It's not that they want to keep you from eating, it's that they don't want you on their property and the fact that you caused a disturbance before you picked up your food is your own fault.

      If getting in a fight in that small window between paying for your big mac and picking it up from the counter seems ridiculous remember downloads are available instantly so he was SUPER more concerned with being a douche then he was about playing/downloading. Unless he pre-ordered? in which case it's even dumber idea. I'm pretty sure if you started tipping over displays in Gamestop after pre-ordering something they're not going to give you your money back before you get thrown out and banned.

    97. Re:Bad summary by tophermeyer · · Score: 1

      But having the remote backup eliminates the risk of, for example, a housefire destroying the physical media.

      Obviously I have no idea of how likely either of those problems are to strike the average gamer. Statistics on remote library loss vs. local library loss might be informative.

    98. Re:Bad summary by stewbacca · · Score: 1

      His "refund" comes when he stops acting like an ass and waits out his penalty, at which point he can play? (Not saying I agree, just throwing that out there).

    99. Re:Bad summary by godefroi · · Score: 1

      Except it does sound like working-as-intended.

      To you, anyway. Sounds to me more like they didn't think it through.

      merged their accounts with EA, corrupting them in the process so that I both couldn't log on and couldn't reset the password (it would fall into an infinite loop).

      Does that sound like working-as-intended to you as well?

      Listen, the company's out to gather up as much cash as they can from their customers (that's what corporations do, you know... if they don't, officers tend to get sued by shareholders), but don't attribute to malice what can be adequately explained by incompetence.

      --
      Karma: Poor (Mostly affected by lame karma-joke sigs)
    100. Re:Bad summary by acohen1 · · Score: 1

      I was gifted Civ V on steam, and it allowed for a pre-release download, which was then decrypted on release day. This wasn't the best user experience, since it still took quite a while on my q2quad 6600 and 7200rpm HDD to decrypt when I thought it would be ready immediately on release. I guess that means that even had I purhcased a physical copy, the game disc would have been encrypted too? What a PITA.

      OTOH, Civ IV vanilla wouldn't run properly if you had both a cd-burner and a regular cd/dvd-rom due to DRM, and therefore required a crack for the legitimate retail purchased copy for most people I knew, so at least the steamworks thing for V works correctly. They did, as I recall, fix the drm issue eventually, but it sucked at launch.

    101. Re:Bad summary by frito_x · · Score: 1

      if he has the physical media he could just create a new account... so no, he's not screwed...

      seriously... plug in the neurons before typing.

    102. Re:Bad summary by Anonymous Coward · · Score: 1

      The "product" that was paid for was a *license* that could be revoked (temporarily or permanently) under certain conditions. Those conditions were met, and the license was temporarily revoked. Doesn't sound like fraud to me.

    103. Re:Bad summary by godefroi · · Score: 1

      You saw he got his account back, right?

      FINAL EDIT: Finally got them to let me get to my account, i re-bought the game full price and alls well that ends relatively well.

      --
      Karma: Poor (Mostly affected by lame karma-joke sigs)
    104. Re:Bad summary by geekoid · · Score: 1

      No shit. And if the game is like the demo, it is far from shitty. Not that I am going to buy it now.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    105. Re:Bad summary by Anonymous Coward · · Score: 0

      Actually you are implying that the denial to download (TV to be delivered) is a mistake due to the downloader being buggy (the TV delivery guys being missing) however EA has made it clear in their statement that this is working as intended. To correct your analogy, this is like you buying a TV, having the money leave your account and a delivery be scheduled, and then because you insulted another customer the store said "we refuse to deliver your TV and we're keeping your money." Once the purchase is made (be it digital games or theoretical televisions) the consumer is owed the product from the producer regardless of hurt feelings. Anything less is theft.

    106. Re:Bad summary by vux984 · · Score: 1

      if he has the physical media he could just create a new account...

      Unless the "key" printed on the disc is already activated under his old account.

      Obviously that wouldn't be the case if it was a brand new purchase. But what if he was reinstalling a game he'd purchased a few months ago...

    107. Re:Bad summary by Anonymous Coward · · Score: 0

      In four years Valve hits a losing streak. Their games cost to much and don't sell as well, their corporate structure is top-heavy, some of their big new initiatives failed. They form a strategic partnership with EA/Activision/UBISOFT/TimeWarner/Somebody.

      Over the next few years their major IP are exploited in quick cash-grabs... Half-Life receives three low quality sequels. Gabe is bought out for $50 million dollars and walks away. After the company is plundered, it is sold off for a fraction of it's purchase price to a venture capital firm.

      They see no return in keeping steam active. They do realize that they can at least recoup some value by monetizing all the games that still require steam connections. Free the games and allow them to be ran without Steam? That not only is silly, that would get the shareholders angry. Several different attempts are made to charge for the game. None are tenable. After 18 months the games are simply turned off, and all owners of any Steam games are given a $10 cert for one month's free access to a new startup video streaming service the company's trying to start.

    108. Re:Bad summary by geekoid · · Score: 1

      "Your ignorance and know it all attitude is appalling."
      That applies to your post as well.
      I can resell used games, lend games, I can play one game I purchased while my son play a different game I purchased.

      Try doing that with steam.

      And yeah, I also use steam. The fact That my son can't play portal while I play TF2 is irritating; However the games I buy are discounted steeply.

      Steam can also turn off and delete your license whenever they want.

      So yeah, there is risk with digital downloads.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    109. Re:Bad summary by vux984 · · Score: 1

      Log in one one machine. Install game. Put steam in Offline mode. Play game on multiple PCs at same time.

      Most of the games my family are interested in aren't offline games.

      So if I'm playing Left4Dead 2 with few friends on online, why exactly should my wife be prevented from playing the upcoming Portal 2 with one of her friends...?

      Personally, I couldn't care less about loaning games or selling them.

      To be honest, its not a big thing for me either. But I recently did want to lend/give a game to my brother. And now my kids are starting to want to play the games on my account as well, and that's also creating all sorts of awkwardness and conflicts, and its going to get worse.

      And now when I buy a game, I have to think about whether I want to put it in my account, or a shared family account, or an account for the child, or in its own account by itself... balancing the flexibility of having the game not tied to a bunch of other games with the hassle of having a bunch of accounts, and the issues that causes.

      Steam is FAR from perfect.

      Ultimately many physical games today have DRM that prevents sales, loans etc due to the limited number of installations, one time use keys bound to online accounts etc. This means there are no upsides to owning physical media anyway.

      There are no upsides to DRM. Whether its physical or downloaded. I like GoG a lot, but the selection of modern stuff is, as is to be expected, is pretty thin.

    110. Re:Bad summary by DarthVain · · Score: 1

      Dunno really about 2. I did play some of DA: Origins. I eventually lost interest, so not all that excited about #2. About the only thing that was "innovative" about the game was the addition of downloadable content, which I see more as a just another way to ripoff customers anyway. The loyalty of team members was interesting, but nothing new, and I found the battle mechanics painful at best.

    111. Re:Bad summary by geekoid · · Score: 1

      " There is a difference between banning somebody from a game, and preventing them from installing it in the first place."

      no. there. is. not.

      It's like saying you're not banned from the baseball stadium, but you aren't allowed to travel there.

      "The actual situation is no different than if his Internet went out "
      Yes. it. is. different.

      He can't play the game because of something he said on the forum. The method they choose is a separate point.

      I over used periods because you seem slow and overly myopic

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    112. Re:Bad summary by VendingMenace · · Score: 2

      I guess I get your point, which is essentially, companies need to realize that people will pirate their games and so they should not provide impetus for this behavior. However, the truth of this statement makes me sad. What about the old-fashioned option of not buying the game *and* not stealing it? Why is it necessary to play the game at all?

      I guess what gets me is that people seem to feel that they have an inherent right to play games. Thus, if they cannot afford the game or they disagree with the designer's policies (ie. DRM) they will just pirate it. As if they are fully in the right. As if DRM is a license to steal and its use validates their choice for piracy. The reasoning being (I suppose) that this is the only way to play the game. However, the fact remains that they could have just chosen *not* to play the game at all.

      I suppose that I am a bit more ok with buying a game, and then pirating it as well, so that you don't have DRM to deal with, but you still supporting the company. So that sucks. So my solution is to not buy or play the game at all. Does this really make so little sense? Is playing games so important for your well-being that you must resort to piracy?

      I know this makes me seem like a stick in the mud, but I thought I would throw my two cents in. Note: I am not saying that I disagree with your post. In fact, I think it is an accurate assessment of what happens. It just makes me sad that people assume they *have* to play game XYZ so much that there is no other option than pirating it. I mean there is a whole world out there. They still haven't put DRM on having a conversation with a friend...

    113. Re:Bad summary by Seumas · · Score: 1

      In which case, you will have to buy another $60 copy of the game, because the serial key will be registered under your banned account.

    114. Re:Bad summary by vux984 · · Score: 1

      Physical media on the other hand, isn't tied to an account and can frequently be resold...

      That's the ideal. It's rapidly changing.

      I have lots of games that need to be activated with a CD key. At that point the advantage of physical took a huge drop.

      When I purchased Portal at a regular store in a regular box I did it to get the advantages of physical media. But I got burnt... the physical media was just a ruse. I still needed to tie it to a steam account, and it was EXACTLY the same as buying it virtually; except that I didn't have to wait for it to download.

      Physical media at this point has no inherent advantage over a virtual purchase.

      A DRM-free virtual purchase is infinitely more advantageous to a DRM laden physical purchase. Either its got DRM or it doesn't; it doesn't matter where or how you get it

    115. Re:Bad summary by Seumas · · Score: 1

      Exactly how are you going to resell physical media that is useless, because you already used up the serial key when you logged into EA's website and registered the game with it - thereby rendering the physical copy useless to anyone who isn't you? That has nothing to do with it being acquired digitally and is the way most games are going these days. The days of buying a game (digitally or physically) and not having it locked down to one account and one person are almost entirely long gone.

    116. Re:Bad summary by jaymz666 · · Score: 1

      Then you lose all the DLC and bonus content that you get for buying the game new, at the very least

    117. Re:Bad summary by jaymz666 · · Score: 1

      All his other games, and their associated single account bindable DLC, were also bound to that account. So, yes, he is screwed.

    118. Re:Bad summary by jaymz666 · · Score: 1

      I have tried the offline mode and it bugged me to login again every couple days, and you are basically saying no, you can't play Portal and TF2 on two different computers at the same time.

    119. Re:Bad summary by RobDude · · Score: 1

      That only 'effectively' bans him if he deletes it and tries to install.

      This is more akin to having paid for an hour of laser tag (online access to features, content, ability to reinstall from server) and then getting thrown out for being a d-bag (trolling the forums) after only 10 minutes. Yes, you lose out on 50 more minutes. Sorry.

      He could still play the installed game on his desktop. He was banned from online activities that also prevented him from re-downloading the game. If I buy something from Best-Buy, then get banned from the store for running around naked, I lose the ability to exchange my item for store credit and shop at the store. I still have the product I purchased.

    120. Re:Bad summary by Anonymous Coward · · Score: 0

      So it's somehow not as bad that EA is preventing him from playing the game because all they're really doing is preventing him from installing it, not preventing him from playing it? Even though by preventing him from installing it, they are preventing him from playing it? It's not as bad?

      Customer gave EA money.
      Customer met system requirements for game.
      EA actions prevent customer from playing game.

      I really don't think there's another valid way to look at it.

    121. Re:Bad summary by Salus+Victus · · Score: 0

      >> ... then there is no reason to attribute malice to EA.

      Malice? MALICE!??!

      Look, I get the idea that schools can't use physical punishment on children. There are reams of studies pointing to more effective forms of discipline, and if parents choose to follow those studies, schools shouldn't be allowed to screw it up. It's gone too far, though, if kids grow up somehow coming to the conclusion that actions don't have consequences.

      If the guy is breaking forum guidelines, he needs an email sent to his Mom quoting the entire post. How's that for "malice?" For the love of Christ, people, learn to behave in public. It sickens me that it even occurred to anyone to even *consider* malice as a possibility in this story.

      --
      In theory, there's no difference between theory and practice. In practice, there's a big difference.
    122. Re:Bad summary by anyGould · · Score: 1

      I would suspect that won't hold up under any scrutiny - "I'm sorry, you're banned from our mall for a year. Oh, and everything you bought from us will stop working as well."

    123. Re:Bad summary by anyGould · · Score: 1

      I like Steam (mainly because they at least offer something in exchange for the DRM - namely the "we'll let you download this as much as you need, and keep the game patched for you").

      If I could ask one thing, it'd be that they steal a page from GameTap's book, and allow subaccounts. (Even if it still enforces the one-at-a-time rule.)

    124. Re:Bad summary by GooberToo · · Score: 1

      When I purchased Portal at a regular store in a regular box I did it to get the advantages of physical media. But I got burnt... the physical media was just a ruse.

      This means you're conflating things and giving an extremely poor interpretation in order to invalidate an otherwise valid point. The simple fact is, unless ALL games are tied to steam, while unfortunate, it doesn't invalidate my point in the least.

    125. Re:Bad summary by cheekyjohnson · · Score: 1

      I'm not saying that's good. But the gaming business is moving to 'integrate' online even into single player, and is going to put your saves in a cloud and so on, wrapped up together this significantly raises the barrier of entry to piracy, and makes used game sales nearly a thing of the past.

      I guess the 'pirates' would have to 'acquire' a physical copy in that case. In any case, I wouldn't play any games that relied on such a defective system. Data completely controlled by the companies, the ability to mod the games likely reduced to zero, not being able to access the games if the server is down, likely having to pay a monthly fee, and just generally no longer having a physical copy of the game (I speak of 'services' like onlive). All this because the companies are paranoid idiots and feel they must rip off their own customers to 'get back' at a few 'pirates' while hiding behind the ruse that they are losing millions in nonexistent profit.

      --
      Filthy, filthy copyrapists!
    126. Re:Bad summary by jaymz666 · · Score: 1

      Physical CDs provide superior sounds than MP3s, so yes. I buy CDs and rip to flac.

      Not to mention I can listen to MP3s on any number of devices at the same time so comparing them to games is kind of pointless.

    127. Re:Bad summary by anyGould · · Score: 1

      Steam can also turn off and delete your license whenever they want.

      So yeah, there is risk with digital downloads.

      But as you say, even the physical media is requiring online verification, so in the end you still end up at the mercy of some far-off server.

      You know why I'll choose Steam over physical? Because Steam *depends* on those online sales - that's the business model. If they pull the plug, they go out of business. Even if they just shut down "old games that no-one plays anymore", they lose most of their credibility regarding the advantages of buying online.

      Contrast with the game-company specific servers, where as soon as the game is old enough, they pull the plug. They don't need to care that they're hosing old customers, because that's not their core business.

    128. Re:Bad summary by cheekyjohnson · · Score: 2

      It strikes me as odd that so many people are so weak-minded that they can't even handle a somewhat insulting comment (mere words). Even if this were an MMO, such a punishment would, to me, be ridiculous. Really, if you're that afraid of words, you should lock yourself up in a location far, far away from other people and make sure you can communicate with no one.

      --
      Filthy, filthy copyrapists!
    129. Re:Bad summary by Ephemeriis · · Score: 1

      It's like saying you're not banned from the baseball stadium, but you aren't allowed to travel there.

      Ooh... I like analogies. Let's see... How about this? It's like saying you're not banned from the baseball stadium, but you can't fly Northwest to get there.

      The part that is not working is the part where he installs the software he purchased from EA's online store. Not the part where he actually plays the game. Presumably (though I could be wrong) he would not be having this problem if he'd bought a physical disc or if he'd bought from a different online store.

      "The actual situation is no different than if his Internet went out "
      Yes. it. is. different.

      Nope. Not different.

      If he hadn't said anything on any forum, but still bought his game on-line through EA, and his Internet went out, and he tried to install it, it wouldn't work.

      I'm not saying that EA didn't ban him, or didn't mean to inconvenience him with the ban. I'm not saying any of this is a good thing. What I'm saying is that he'd be just as unable to install his game if his Internet went out.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    130. Re:Bad summary by cheekyjohnson · · Score: 1

      Well, if you're using a service like Good Old Games that doesn't tie the games to any account essentially owned by the company, then that would be fine as well. You can back up the games as many times as you please.

      --
      Filthy, filthy copyrapists!
    131. Re:Bad summary by anyGould · · Score: 1

      The restaurant would still be responsible for providing the product purchased, however. (Probably by bringing it to the door.)

    132. Re:Bad summary by anyGould · · Score: 1

      No, not really. Though it's one of the big positives of digital delivery, there's absolutely nothing stating that you *need* to be able to instantly download it. They're producing the product, just... later.

      And while I'd accept "servers are down" and "technical difficulties" as reasons why he can't download his game (as they fall under "circumstances outside our control"), I'd say this is a pretty clear case of them having the ability to produce the product and refusing to do so.

    133. Re:Bad summary by Salus+Victus · · Score: 1

      This is a famous analogy? Hacked, free software isn't analogous to "cars of dubious origin." It's straight-up stolen. There aren't any ifs, buts, or howevers ... it's stolen. If someone else hadn't made the expensive version, then the cheap version couldn't exist.

      You make your own judgement calls about whether or not its "okay" to run stolen software without also buying a paid copy. I'm not here to tell you how to live your life. However ... trying to convince ME that it's okay, because the version from the developer sucks? I'm calling you on that one: your argument is invalid.

      Also, they're not forgetting that "we" are the ones who pay them. As long as sheeple continue to pay for broken products, they'll continue making them. They're intensely aware that they're being paid -- because they are. It would be awesome if you started a competing company with DRM-free (or DRM-right) products.

      --
      In theory, there's no difference between theory and practice. In practice, there's a big difference.
    134. Re:Bad summary by vux984 · · Score: 2

      This means you're conflating things and giving an extremely poor interpretation in order to invalidate an otherwise valid point. The simple fact is, unless ALL games are tied to steam, while unfortunate, it doesn't invalidate my point in the least.

      Portal was just the natural end to the progression.

      The point I'm making is that its not an argument between physical media and virtual download. Its a question of DRM or no DRM. The method by which the game is obtained is irrelevant.

      There are plenty of games not tied to steam that are tied to online accounts and online activation. Buying physical media doesn't have any advantages.

      Buying DRM free has advantages.

    135. Re:Bad summary by Anonymous Coward · · Score: 0

      Those conditions are not legal, therefore they are invalid regardless of whether they were agreed to or not.

    136. Re:Bad summary by cayenne8 · · Score: 1
      My question, is more basic.

      Why would something you said on a forum, get you banned at all??

      I mean, short if illegal speech (threatening to come over and kill them, and meaning it)...I can't think of any good reason something you trolled on a forum to get you banned from a game?

      I know, people can post some racist, sexist, mean spirited stuff...but seriously, ban from a game because of a stupid opinion, especially after you have PAID for said game??

      SEriously people, grow a bit thicker skin...they are ONLY words and won't physically hurt you.

      I know it is a private company and they can want to restrict some speech for business purposes, but if you have to..ban from the forums, not the game itself?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    137. Re:Bad summary by Methuseus · · Score: 1

      From what others are saying, this is not true. It's only the download manager that doesn't let you get the game files. If he had the physical disc, he could have installed the game and activated it online, which is (supposedly, I don't know) not tied to the forums.

      --
      Two things are infinite: the universe and human stupidity, though I'm not yet sure about the universe. - A Einstein
    138. Re:Bad summary by Anonymous Coward · · Score: 1

      I can't tell are you agreeing with him or splitting hairs?

      He has a game and can not use it because of some option in some part of some system that was obviously linked together? Maybe I am missing something?

      To use your store delivery analogy this is more like him buying a TV then doing something douchy to get banned from the store. However, he already bought a TV at that point and can no longer have it delivered but thanks for the money anyway.

    139. Re:Bad summary by Anonymous Coward · · Score: 0

      I think his point was that the summary made it seem like EA purposefully stopped him playing his game, when in fact that was more likely an unintended consequence: a bug. Qualitative difference; not pedantic.

    140. Re:Bad summary by Nagrom · · Score: 1

      It doesn't really have much to do with an individual insult though. (Well, maybe it does in this specific case - naturally I haven't bothered RTFA - but it doesn't in general.) Enough people trolling or generally behaving disruptively can quickly reduce a forum's signal to noise ratio below anything useful. I guess you haven't spent much time looking at, or more likely despairing at, the WoW forums, for example.

    141. Re:Bad summary by Anonymous Coward · · Score: 0

      Wait...I'm confused...

      So they know they are stealing money from someone they don't like? Is that the gist of this?
      Or will they later claim from some other spokesperson that's not how it works, it was all a big screwup, AFTER enough people moan about it?

      This all seems a bit murky to me, well all except the facts I see from this so far:

      User was a d-bag on their forums and was banned from forums(regardless of how their integrated systems work), user purchased a game legally, user was prevented from obtaining what he purchased intentionally, by admission now.

      This to me reads as theft unless they immediately refund his money, or allow him to obtain what he purchased, a short delay is acceptable, but doing it this way is unethical at best.

    142. Re:Bad summary by Anonymous Coward · · Score: 0

      To be pedantic about it, they probably saved him from a shitty game experience. Dragon Age, and particularly Dragon Age II, are two of the most half-baked, buggy games I've ever had the misfortune to play. You could argue that it's supposed to be that way (if you're sycophantic), but some of the problems include:

      * being unable to walk over relatively gentle terrain that looks like you should be able to walk over it with the minimum of effort
      * being unable to walk through twigs at the edges of trees
      * being unable to walk into caves that look like you should be able to walk into them
      * being able to open basic locks encountered early in the game, even if you're a level 50 rogue
      * etc.

      Basically, they're shit. The engine worked OK for mass effect. For RPGs, it's unsuitable. Which is probably why DA2 has become more action-based, like some sort of glorified Streetfighter II. Oh wait... that'll be why EA has an entire community up in arms on its forums, and why they've started doing asshat things like banning people instead of admitting the game's flaws.

    143. Re:Bad summary by IICV · · Score: 1

      He's also banned from playing his saved games from the previous game, because you must be logged in to your EA account to use saved games containing DLC and his EA account is banned.

      So: working as intended, I presume.

    144. Re:Bad summary by thrash242 · · Score: 1

      What you say makes perfect sense. It's just, as you said, that so many people feel entitled to games.

      It's just a lame rationalization for piracy. There's no reason to try to understand it any further than that.

      I don't pirate anything, so I either buy the game and play it (when I get time--sometimes much later) or don't buy it and don't play it ever.

    145. Re:Bad summary by IICV · · Score: 1

      The summary does indeed make it sound as if the guy was banned from playing a game that was already installed and running, thus being banned from using something already in his possession. After all, there is a login screen in the game. There is a bit difference between being barred from downloading something and being barred from actually using it after it was purchased and installed.

      He was also barred from playing saved games from DA:O, because they used DLC and you must log in to your EA account to play saved games that use DLC.

      So yes, he was both banned from downloading a game he'd bought, and also from playing saved games from a game that was already up and running.

    146. Re:Bad summary by thrash242 · · Score: 1

      Shogun 2 Total War is Steam only, so the physical limited edition requires registration on Steam. I think this was true for Empire Total War also.

      Red Orchestra was Steam-only, even with the physical copy, also.

      If physical copies still had nice thick manuals like they did in the 90s (like the kind I still have on my bookshelf and still read sometimes), I'd be more inclined to get them, but nowadays most "manuals" are just 5-page instruction booklets, so I'm not missing out on much.

    147. Re:Bad summary by syousef · · Score: 1

      Ah, in true slashdot spirit the summary "forgets" a few things from the story. First of all, he wasn't banned from playing the game. He bought the game from EA online store and because he was banned, the installer didn't work. And to be honest, for me that sounds more like a bug than EA trying to ban him from a single player game.

      I bought the Battlefield 2 Booster Packs and could not get the installers to accept my valid keys no matter what I did, and I had not been banned from anything. Bought from a legitimate store so I returned them for a refund (after much hassle and some paperwork). I haven't bought an EA game since. I was very disappointed - while I was never a hardcore BF2 gamer, and I never got very good, running around and blowing shit up was lots of fun and a good way to blow off some steam. What I got with these booster packs was nothing but an increase in blood pressure. EA Games: Ruin Everything indeed. I am completely unsympathetic to IDIOT software publishers who install draconian DRM that actually prevents legitimate use. They can take the effort and expense of developing a title and store it where the sun doesn't shine.

      --
      These posts express my own personal views, not those of my employer
    148. Re:Bad summary by im_thatoneguy · · Score: 1

      So because one customer somewhere was mistreated it's OK to pirate it. Yep. Completely clear.

      You know... you could buy it. And then crack it.

    149. Re:Bad summary by cheekyjohnson · · Score: 1

      Enough people trolling or generally behaving disruptively can quickly reduce a forum's signal to noise ratio below anything useful.

      The forums? I was talking about in-game. Truthfully, if the game doesn't have an ignore feature, then one really should be added. People shouldn't be getting banned for frivolous things such as saying things that offend someone.

      Also, people shouldn't be getting banned even on the forums for that as long as they're not spamming nonsense. If someone included an insult into an on topic post or reacted to the situation with an insult, they shouldn't be banned. People really do need to toughen up.

      --
      Filthy, filthy copyrapists!
    150. Re:Bad summary by DarthVain · · Score: 1

      Its not that some customer somewhere, its the point that that customer could be you.

      Granted I'm not likely to mouth off on some forum enough to get banned from anything, so likelihood is insignificant. However the simple fact that they were willing to do that to one of their paying customers, means that it could happen again, maybe to you.

      So ya I was being a bit facetious, and as I said I have no intention of playing it anyway.

        As to your last remark, if I have to crack something, I won't be buying it period.

      So is it OK to pirate it? Probably not, but it certainly makes it more reasonable. The correct response is to simply not support it period by buying it. Which is the arrogant point Bioware/EA are trying to make. You don't have to buy our product, if you don't like it, too bad, don't buy it then.

      Though I think it is illegal (though small potatoes) for EA/Bioware to sell a product/service, then after accepting payment, refuse that product/service. In a MMO its a bit different as you have a subscription and a EULA. You break the terms, they can ban your account. This is a single player game, that the guy paid for, that they then refuse to give him in the first place. At the very least they can give the guy his money back.

      Its like if I go to say a car dealership, and pay them 30,000$ for a new car, then turn around and insult the salesman's mother and questionable parentage, he can't just turn around and say "no car for you!"... He certainly can give the 30k$ back and then refuse to serve the rude customer (at which point the customer can go to a different dealership). Anyway it sounds like they are being petty jerks, because apparently their customer may have been one also.

    151. Re:Bad summary by archen · · Score: 1

      Honestly I think that's as much a fault of the system (Windows) as the game. As soon as you want to install a program and you click through the authorization process, a program is basically free to rape and destroy your system as it sees fit. A hundred start menu entries, icons on the desktop, worthless programs bundled together, files strewn over the whole system? Too bad man, you clicked ok. Sorry if the uninstall doesn't work, we don't care.

      While this has been the windows experience for as long as I can remember, I'm puzzled why people still think this is fine. Another reason to play console games imo.

    152. Re:Bad summary by Anonymous Coward · · Score: 0

      Yup. I dug into the TOS, and the offending bit is in sections 9 and 3. After the inital line about general termination of service with notice (for reasons other than TOS violations.), section 9 says this: "EA may also terminate your Account(s) (and access to all related Entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of EA Services, Content, Entitlement, products, or EA's Intellectual Property as determined by EA in its sole discretion. "

      That's all well and good, except that section 3, which defines 'Entitlements', says this:

      "Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of EA Services and/or products. Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement.

      The issue there is 'off-line elements', as well as almost anything in the second sentence that would apply to your single-player, offline experience. This limitation, paired with the fact that to play the digital version you have no choice but to agree to this TOS to even purchase the product, makes this contract one of adhesion, and also unconscionable. A contract of adhesion is one that is presented on a standard form on a "take it or leave it" basis, and gives one party no ability to negotiate because of their unequal bargaining position, with terms outside of the reasonable expectations of the person who did not write the contract. This is clearly the case here, as nobody expects a TOS violation on a forum to prevent them from downloading or playing the offline game they purchased. This also makes the contract unconscionable, as anyone who understood these terms would not agree to the contract.

    153. Re:Bad summary by Anonymous Coward · · Score: 1

      No, it's more like the delivery guys are standing outside your house and refusing to let you take the goods - that you paid and signed for - into your house because you made a snarky comment to one of their salesmen.

      Whilst I can't be certain, I'm pretty sure that EA/Bioware have no intention of offering this man a refund either, even though in the delivery man situation they would be legally entitled to one.

    154. Re:Bad summary by tmarsh86 · · Score: 1

      EA's installers are notorious for having problems. I'm not so sure it has anything to do with the banning, unless someone here has access to information no one else does.

    155. Re:Bad summary by timster · · Score: 1

      You're comparing time I'd actually have to spend myself (10 minutes running to the store, if I had a game store down the block, which I don't, but never mind) with time my computer would have to spend (2 hours downloading). Sure, I'll happily task my computer with hours of work just to save myself ten minutes (especially when those ten minutes are actually half an hour at least).

      Besides, in the case of Dragon Age 2 you could get an encrypted pre-download and have the whole thing ready to go on release day, so if I were really impatient to play it the digital download would be way better.

      --
      I have seen the future, and it is inconvenient.
    156. Re:Bad summary by ElKry · · Score: 1

      "Prey" was also easily activated in Steam. I don't even know where my DVD/manual is anymore.

    157. Re:Bad summary by Elimental · · Score: 2

      Then you get people like me, I have limited bandwidth (5 gig per month)

      I love having my games in Steam but prefer to buy physical copies as buying download only tends to limit my bandwidth usage for that month.
      The great thing about Steam is that I can always play games in off-line mode when I don't want to waste bandwidth which brings me to another problem that is surfacing lately, Ubisoft and Windows Life games, where you have to be online all the time to be able to play a single player game that you bought.

      I always crack those games just so I don't have to be online the whole time.

      I remember the time where pirating or cracking games where more painful than legally buying a game, its such a shame that pirated versions now became easier and less problematic to play that legal games. Hell even the virus/Trojans that come with some cracks do less damage than the legal DRM games.

      Oh and 9 times out of 10 to get a game to work in wine/linux it helps to crack it 1st

    158. Re:Bad summary by Anonymous Coward · · Score: 0

      "The important parts are that he bought the game legally"

      No he didn't. There is no way to buy the game. He bought something amorphous, along the lines of "permission to play the game under terms defined by the manufacturer". Perhaps he was tricked out of his money, or perhaps he gave the money willingly, knowing full well that he might be giving money for nothing. In any event, if you don't like what software "purchasing" has become, then don't buy it.

    159. Re:Bad summary by Darinbob · · Score: 1

      Steam comes with DRM bullshit most of the time. DRM is always bad, even if it's coming from a fan's favorite company.

    160. Re:Bad summary by ShakaUVM · · Score: 1

      >>To you, anyway. Sounds to me more like they didn't think it through.

      Did you read the community rep's post on the forum?

      Getting a post reported on the forum is grounds for having your EA account temporarily or permanently disabled. Which is what you need to activate a game or DLC.

      He could have created a new account, but would have lost all of the DLC he'd built up in his normal account. Waiting 72 hours for the ban to end was a better choice.

      Regardless of the fact that BiowEA's actions violate consumer protection laws in most countries.

    161. Re:Bad summary by LateArthurDent · · Score: 1

      I own over 200 games on Steam. I can play any one of them anytime. I have purchased well over 1000 games over the course of my life - except I can't find majority of them, the rest have scratched up disks, lost CDkeys, lost manuals and hard to find patches.

      I'll grant you that having an automatic remote backup over everything you have is nice, but that's not an advantage over physical media. That's an advantage to having backups. Of course, thanks to all the pirates who use the term "backup" to mean "pirate" that word is made fun of by people who use it seriously, but your example is an example of why people like me have always done real, actual, backups. Where is every game I've ever bought? Attic. That said, their images are easily accessible on my network drive, along with a folder for each game that contains the patches, executables, and nocd patches for games with DRM. I don't pirate shit, but I do make legitimate backups, and that's why.

      Now you're going to say, "that's a lot of work. I didn't have to do anything, and I have my remote backup." You're right. Of course, when steam starts supporting some of your games and you can no longer download them, I'll point out that I still have access to my stuff, because I control the backup. Before you say, "they'll never do that," I'll say that I used to believe you. I have a ps3, and I bought a bunch of games from psn, which had similar terms as to the ones you describe. Then the latest terms of service mentioned that they're allowed to remove games from the network at any time, and if you don't have them in your ps3 for any reason, tough. You don't get your money back. Now, Valve isn't Sony, but what guarantee do you have that they won't update the terms of service to something that screws you in the future? With the physical media and my own personal backup, I'm 100% guaranteed to always have a working copy.

    162. Re:Bad summary by Stregano · · Score: 1

      If the game is good enough, I will buy it. No need for DRM in it (which is why I buy alot of games from gog)

      --
      The world is how you make it
    163. Re:Bad summary by leonardluen · · Score: 1

      what is illegal about those kinds of conditions? my landlord can kick me out if i violate my lease...sounds similar to revoking the license to use the software...

    164. Re:Bad summary by Sir_Sri · · Score: 1

      why is irrelevant.

      If EA, Activision, THQ, MS, Nintendo, Sony, Ubisoft, Square-Enix, Zenimax and Take Two are all, in one way or another on board, your options for non-online 'enabled' games shrink pretty fast.

      Made even worse if this is enabled via a distribution channel (the console stores, Steam, Games for Windows Live, whatever the hell it is I log into for Dragon age and Mass effect), which then eliminates the barrier to adopting this DRM system from anyone who has any money.

      Sure, there's always indie games. I'm working with(not for) a company right now that will make a PC game for about 2 million, 6 employees, 2 years, but of course they have a publisher (not one mentioned above). 2 Million isn't a huge amount, but most really good games come in 3-5x that, just for development, if you want to hear about it ever, or find it in stores or on the digital distribution stuff you're looking closer to 10 million, now you're talking money you can't just go to the bank and ask for. And that kind of money comes from one of the big publishers, who will of course, demand it be online 'enabled'.

      The more people go on about 'I'll just pirate it rather than deal with broken DRM" the more the DRM is going to shift to be less DRM and more buying online "services" which give you access to the content you actually want.

    165. Re:Bad summary by Goat+of+Death · · Score: 1

      Thank you very much for the heads up. I haven't installed an older game on my relatively new win 7 x64 system. I will be keeping your post in mind if I consider it, and will be sure to check out online what drm harassment the game uses.

    166. Re:Bad summary by Goat+of+Death · · Score: 1

      Wow, no one reads anything here anymore do they. How hard is it to click and follow a link? As someone stated below, the person was not trolling, they made a flippant comment, that I believe the majority of people wouldn't even find that offensive.

      I addition he did buy the physical media, not virtual goods, as other non-article readers comment below. The problem is the game requires internet activation and association with an EA account. An EA account that they wrongfully banned.

      Please, for the love of all things holy, RTFA before talking out your ass.

    167. Re:Bad summary by Anonymous Coward · · Score: 0

      About that "login every time you play" crap - I have DA1 (and from Steam on top of that!) and when I launch the game, it logs me in BUT the DLCs do not work. I need to quit the game and launch it again right away to unlock them,
      I believe it's because when I launch the game the first time, it checks whether I'm logged in or not, and since I'm not, it logs me in. But then it does not try to enable the DLCs again. So if I quit and launch again, when it checks whether I'm logged in it finds that I am and therefore it enables the DLC.

      The point is, DRM sucks. Having to log in to play solo is not cool. But if DRM don't even work right, it really, really sucks. I don't pirate games, I believe it's fair that I pay for them. But I regret I did not pirate DA1 since I feel the publisher screwed me over with not only a DRM but one that isn't even working right and adds extra inconvenience. Had I known this would happen, I would have pirated it.

      Oh yeah, and every DRM can be cracked. They always are. DRM do not prevent piracy, while paying users "enjoy" their DRM, pirates are playing the same game without any inconveniences. DRM may deter a few pirates in the short run, but in the long run they just tell customers "Be a sucker, BUY the game and get an extra DRM with it! Hassle and frustration guaranteed!". That just increases piracy. It gives people the motivation to pirate, and once they pirate their first game and see how easy it is, they tend to do it again. I've never heard of pirates who went back to buying games, at best they simply neither pirated nor bought the game, so no victory for the game publisher anyway.

    168. Re:Bad summary by Anonymous Coward · · Score: 0

      "What about the old-fashioned option of not buying the game *and* not stealing it? Why is it necessary to play the game at all?"

      Media are not like physical objects: making copies of a media file is nearly free.
      Knowing that, it's easier for people to think "I'm not going to buy the original anyway, and if I pirate it I do not make the publisher lose money, so what's the harm?". Picture teenagers who don't have income, therefore can not buy the games, and thus their piracy is not lost sales.

      Of course there are people who could afford the game but pirate it so that they can spend their money on a bigger TV or something else. I'm just not sure these people are a big proportion of piracy and they are definitely not 100% of piracy.

      DRM - they are an inconvenience to those who buy the game. They do not stop piracy, games are always cracked no matter what DRM they use. The result? While you, the player who paid for his copy, has to suffer the inconvenience of the DRM, pirates play on DRM-free versions. Sometimes it takes them longer to crack the DRM, but they always succeed.
      Conclusion: DRMs do not do what they are supposed to do but they still inconvenience legitimate users. That's why personally I am opposed to them. I don't pirate DRM games, but I do not buy them either, no matter how great they are.

    169. Re:Bad summary by cheekyjohnson · · Score: 1

      If EA, Activision, THQ, MS, Nintendo, Sony, Ubisoft, Square-Enix, Zenimax and Take Two are all, in one way or another on board, your options for non-online 'enabled' games shrink pretty fast.

      I don't care for most of the games those companies produce.

      but most really good games come in 3-5x that, just for development

      Throwing money at a game won't make it good (not that you said it would). Besides, 'good' is subjective. I really don't like many newer games.

      Honestly, there's no need to beg big publishers for loads of money to make a game. It's simply not required.

      The more people go on about 'I'll just pirate it rather than deal with broken DRM" the more the DRM is going to shift to be less DRM and more buying online "services" which give you access to the content you actually want.

      And there will likely be people who will just stop buying the garbage. The amount may be small, but it will be there. Ultimately, it is completely the fault of the developers for implementing DRM or using idiotic online gaming schemes.

      --
      Filthy, filthy copyrapists!
    170. Re:Bad summary by MBGMorden · · Score: 1

      I think it odder that people equate a game ban to the type of spew that people randomly throw out these days to being some harsh punishment. There were times in days past when being an asshole would get you killed. Literally. Piss enough people off, and someone was going to kill you, and before there was a very set code of laws nothing really came of it. Even more recently you'd get your ass kicked for a lot of the stuff people say nonchalantly on the internet. The phrase "them's fighting words" once really did have some meaning.

      Overall, just be happy that it's gotten to a point where for the most part you're looking at a forum ban. Words DO have consequences behind them - be happy that the consequences are now as minor as they are.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    171. Re:Bad summary by cayenne8 · · Score: 1

      Only words? That's what ugly people say to make themselves feel better. I bet you're the ugliest motherfucker on the planet....

      You know...strangely enough AC...I really don't feel anything at all...no worse, no less after your rant.

      You just proved my point...they ARE only words and don't cause any real harm.

      :)

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    172. Re:Bad summary by cheekyjohnson · · Score: 2

      There were times in days past when being an asshole would get you killed.

      And? The fact that things could be worse doesn't change the fact that the current situation needs to be fixed. That's a ridiculous way of thinking. Any situation could be worse and seem trivial compared to a much worse situation.

      The phrase "them's fighting words" once really did have some meaning.

      To imbeciles who would attack others for having a different opinion than themselves, at least. Initiating violence for such a trivial thing is idiotic.

      Words DO have consequences behind them

      I suggest that people toughen up. They should not get angry or sad because of mere words. That does them no good. In reality, you can ignore an insult.

      --
      Filthy, filthy copyrapists!
    173. Re:Bad summary by jemmyw · · Score: 1

      +1

      And that reasoning can be extended. Can't afford Microsoft Office? Why do people feed they HAVE to have it? If you really needed it then you'd pay for it, otherwise you'd go with one of the many alternatives.

      Apart from the fact that copyright violation isn't the same crime as theft, I don't see why this isn't exactly the same logic as seeing a really big expensive car and getting quite upset that you can only afford a shitty little car, therefore car theft is justified. People don't seem to think like that though. Is it the difference in cost (it's only $60)? Or is it that its ok to do it to game companies, but not other people?

    174. Re:Bad summary by Anonymous Coward · · Score: 0

      You are looking at this the wrong way. Playing games is so un-important to my well-being that I will not resort to buying games while their DRM tries to cut of my balls.

    175. Re:Bad summary by Anonymous Coward · · Score: 0

      I read the original post and screenshot yesterday from the guy who was banned and he wasn't trolling or acting like an ass. Bioware just didn't like his message. The OP was little different from yourself.

    176. Re:Bad summary by Snaller · · Score: 0

      "I own over 200 games on Steam."

      Except you don't OWN anything - you have paid for a very restrictive license to be able to use those games under their rules.

      "I can play any one of them anytime."

      Right until they say you can't - and they can legally, and if they do you can go fly a kite, because you sure as hell don't own anything.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    177. Re:Bad summary by devxo · · Score: 0

      Nope. EA has removed the ban and said it was a bug in their system.

    178. Re:Bad summary by thesandtiger · · Score: 1

      I can't really speak to the "I *need* this game" argument, but I will speak to one related: "I'd *like* to play this game..."

      My take on IP and copyright issues is pretty straightforward: There was a compact between people who created works and people who consumed them. The consumers of those works would agree, in exchange for the work eventually entering the public domain, to give up some of their freedom in order to protect the creators of the work and give them a chance to profit. That's fair, fine, and a good thing.

      Now, however, there is essentially no transaction. Works created now will NEVER enter public domain, unless their copyright holder expressly makes it happen. We give up some of our freedom and we get... Nothing in return. Not fair, not fine, and it's a very, very bad thing.

      So, for me, I have essentially decided to revert, with companies who don't provide a better license term, to behave as if the whole copyright thing is null and void. I'm not getting what they "owe" me, so I'm not giving them what I "owe" them. Basically it's simply reverting to the state of things before protections were in place because one side won't play fair - why would I make a choice to not play a game or something I didn't pay for when, in essence, the only reason not to play it would be that it isn't fair to an entity that absolutely doesn't care about treating me fairly?

      With entities that offer fair terms, I will pay - I've contributed money to OSS projects that I use even though I don't have to, I've overpaid for indie games (some I never even played but I supported the model) that did a "name your price" model, and so on. But I will unashamedly pirate something "I'd *like*" to have if the people offering it put DRM on it or otherwise support the whole perpetual copyright thing that is completely a one-way thing in their favor.

      --
      Since I can't tell them apart, I treat all ACs as the same person.
    179. Re:Bad summary by CubicleView · · Score: 1

      The only flaw in the backend was the one v_ware was left with after the reaming EA gave him.

    180. Re:Bad summary by hairyfeet · · Score: 2

      You're welcome, I just try to warn folks as most of the new machines are X64 and I've found out the hard way after having to clean broken SecuROM and Safedisc installs.

      Sadly the best protection you can give yourself besides the weekly backup (which if you'd like a free program I'd recommend Paragon Backup and Recovery Free as it has many of the normally pay features like Bootable restore CD and differential disc imaging) and making a restore point before an install is to go to GameCopyWorld and get the NoCD and use it immediately after installing the game but before launching it as I've found that will keep most Safedisc and SecuROM installs from activating and boning the machine.

      Which of course just proves that once again the legit customer gets bullshit and hoop jumping, while the pirate gets a lower resource and less buggy game that "just works". But if you take my advice you'll find you can install any older game hassle free. I have games from as new as this year to as old as 1997, and all "just work" thanks to a little forethought.

      I'd say that the advantages of x64 computing, not only the extra RAM but having the larger math registers which makes programs like transcoding faster, are well worth the extra work. I've been x64 since XP X64 right up to Win 7 X64, and I'd never want to go back to x86. It is just sad that it isn't the programs that need the extra work and caution, it is the shitty DRM with all the Ring 0 horseshit. I swear I've seen malware that is nicer to the system than some of those SecuROM versions. Good luck and happy 64 bit computing!

      --
      ACs don't waste your time replying, your posts are never seen by me.
    181. Re:Bad summary by ildon · · Score: 1

      Who said anything about right or wrong? I was just being accurate.

    182. Re:Bad summary by Entropius · · Score: 1

      You were wrong once upon a time.

      These days, you're sadly right.

    183. Re:Bad summary by Anonymous Coward · · Score: 0

      Because they have stolen money. If your landlord does something similar (ie. not repaying a remaining portion of rent for the days that you no longer occupy) then I suggest you take him/her to court and get your money back.

      Let's say you are selling your car to someone. In the contract that you draw up, it says that the buyer isn't allowed to call you a nasty name. You accept payment, the buyer calls you an asshole, so you just keep the car and the money. It's illegal.

    184. Re:Bad summary by ShakaUVM · · Score: 1

      As that very article you linked to said, they insisted at first it was in accordance with policies.

      The fact they backpedaled after the internet exploded on them, while a good thing, doesn't mean it wasn't working-as-intended at the time.

    185. Re:Bad summary by Anonymous Coward · · Score: 0

      Oh, go fuck yourself. He bought the game and should be able to play it, but the vendor does not allow him to. It's fucking fraud.

    186. Re:Bad summary by Anonymous Coward · · Score: 0

      Seriously? No one 'has' to play the game, they 'want' to play the game, much like they 'want' to do a variety of things in their daily life that isn't critical to them being alive. I can see it being possible that you're so stupid, you actually believe the retard dribble spilling from your lips, but that's a stretch, so 0/10 for being too stupid to even troll properly. Even the tool that got banned has more braincells to rub together than you do, judging from your comment.

      Next time someone says 'why are you XXXXXX when you could be YYYYYY?'; I hope your answer is 'Okey dokey, durpity durr! I should go do that right away because I don't NEED to be doing one useless thing, so I should go do another useless thing!'.

      Do you HAVE to take the time to post idiotic comments on slashdot or do you CHOOSE to do so? Hmm...

      Seriously, you are guilty of posting the single most idiotic comment I've ever read on the internet (and that's saying a LOT).

    187. Re:Bad summary by Blue23 · · Score: 1

      EA's installation manager is actually a *download* manager. It's merely delaying the delivery of digital goods due to a flaw in the backend stating that no deliveries can be made to that address when someone clicked an option to stop other kinds of activity from that address. If you can't see the functional difference in the situations, it's because you're being wilfully stubborn.

      Except that if you read the article, it isn't a flaw, it's intentional in their EA Community terms of service. Those specifically will lock you out of content.

      They were explicitly and willfully locking him out of any downloads for a reported forum post. It could have been no new content, it could have been five games he bought in a bundle. Either way, it's intentional by EA.

      --
      LITTLE GIRL: But which cookie will you eat FIRST? C. MONSTER: Me think you have misconception of cookie-eating process.
    188. Re:Bad summary by Anonymous Coward · · Score: 0

      I think you need to work on your reading comprehension skills...

    189. Re:Bad summary by VendingMenace · · Score: 1

      Oh man. I couldn't decide whether or not to post something similar. But then it seemed childish to defend myself on the internet. But now I HAVE to post.

      My favorite part of this is that I was accused of posting the single most idiotic comment on the internet. However, the poster clearly did not read the original post correctly. And as such, his reply to my post is more idiotic than my post -- the post he claimed was the most idiotic thing on the internet.

      What really makes me really happy is that since his post is more idiotic than the post he himself claimed to be the most idiotic (my original post), then by some sort of transitive property, his post is now the most idiotic thing on the internet. By his own words!

      I honestly don't care about the anonymous guy or his critique of my post. It is just too deliciously recursive to have a person accidentally assign himself as the biggest idiot on the internet. Awesome!

    190. Re:Bad summary by tibman · · Score: 1

      oops, missed this comment. But i had to ask.. you listen to multiple music players at the same time? Your computer playing Modest Mouse on decent speakers while you have headphones on listening to your ipod/zune/walkman and your car is playing something in the garage? Unless i misunderstood and you mean you can listen to the same music in your car as on your computer. If that's the case, then games would make a decent comparison. There are many different computers to play the same game on.

      As far as "Physical CDs provide superior sounds than MP3s.." go. I will have to take your word for it because a CD sounds identical to it's rip'd counterpart on my end. Though i'm assuming the MP3 has a decent bitrate or VBR.

      --
      http://soylentnews.org/~tibman
    191. Re:Bad summary by jaymz666 · · Score: 1

      No, what I meant was that MP3s have no DRM so they have no way to limit the number of devices they could play on. Simultaneously or not. My wife can listen to one song, I can listen to another. All at the same time. Or we can listen to the same song in different locations.

      Yes, even 320KB MP3s have a muddiness to them at times. It's all about how you are listening.

    192. Re:Bad summary by Sir_Sri · · Score: 1

      That's because there are only a handful of DRM systems, and once you've broken version 4 of the system versions 4.1-4.100 are usually trivial, and version 5 is unlikely to be much better. And once you've broken it for one game, the same works for all the others.

      But as you may have noticed with DA's rather flakey login. You either have it on your account which you're logged into, or you don't get it. It's much harder to pirate all that DLC content *and* do that for every game that has it's own account system. And if they move save games there it's even worse (and harder).

    193. Re:Bad summary by Anonymous Coward · · Score: 0

      It's like paying for the TV and the delivery, then having them keep both the TV and your money because they've decided you don't deserve either.

      To even be trying to argue the specifics, when they're pulling something like this, you're being willfully stubborn.

  2. They need to refund his money. by unity100 · · Score: 0

    Actually, they also need to be sued for false advertising, or, scamming.

    for, in effect, they had had ended up NOT having sold a product to someone, despite being paid for it.

    1. Re:They need to refund his money. by Conspiracy_Of_Doves · · Score: 1

      The people who were kicked out of the movie theater, skating rink, amusement park, or ski resort were kicked out so they could not ruin other people's enjoyment of the place.

      Explain how that is a valid analogy.

    2. Re:They need to refund his money. by Anonymous Coward · · Score: 0

      They were also on private property, not in their own home on their own computer.

    3. Re:They need to refund his money. by unity100 · · Score: 1

      am i seeing that you are not able to perceive what 'SINGLE PLAYER' means, or, is it an illusion ?

    4. Re:They need to refund his money. by Conspiracy_Of_Doves · · Score: 1

      What that intended for the parent poster?

    5. Re:They need to refund his money. by Anonymous Coward · · Score: 0

      Because he banned for violating administrative rules. Not ruining other people's enjoyment of the place, although that may be the particular rule he violated.

      Any of these are valid reasons in MA, despite not involving other patrons.

      movie theater - Recording the movie
      ski resort - Inverted aerial maneuvers, even with spotters.
      skating rink - No insurance
      amusement park - Reselling a ticket

    6. Re:They need to refund his money. by Belial6 · · Score: 1

      The theater, skating rink, amusement park or ski resort does not get to break the stuff that you bought at the venue before getting kicked out. If you bought popcorn at the theater, you could take it with you when you left.

    7. Re:They need to refund his money. by Anonymous Coward · · Score: 0

      That validation server on which the ban was placed is also private property not in the user's home (that's what he was denied access to).

      It seems to me what happened is the user didn't read the fine print in his EULA and failed to realize that the forum ban would also affect his ability to run the installer as it uses the same (invalid) credentials to authorize the install.

      It's like getting kicked out of a mall for being an ass in the movie theater and complaining that no you can't buy shoes at the shoe store in the same mall.

    8. Re:They need to refund his money. by Anonymous Coward · · Score: 0

      They wont.

      I'm not here to argue the right/wrong of sales vs licensing. Its been covered enough on /.

      But likely he violated the EULA for the game, so they are pulling his license. So they will likely have their legal ducks in a row on this.

    9. Re:They need to refund his money. by CraftyJack · · Score: 1
      Sure, but you don't get a refund on your lift ticket or skate rental. More to the point, you don't get to trade in your prize tickets for a giant stuffed teddy bear.

      If you bought popcorn at the theater, you could take it with you when you left.

      It's kind of like this guy handed the cashier the money, and then got kicked out before the cashier handed him the popcorn. Now he's standing outside yelling about his popcorn. FTFA:

      Sure, the ban is a temporary one. It's not like he can't ever play the game.

      He'll get his popcorn soon enough. In the meantime, maybe it's not a good idea to start with the cashier in the middle of a transaction.

    10. Re:They need to refund his money. by DavidTC · · Score: 1

      It's more like he bought a refrigerator and finished paying for it, and then started a fight before he could get the provided handtruck and get it to his car,and now they won't loan him a handtruck as they escort him out.

      Look, I'm sorry people, if you act like an ass, companies can deny you access their property. If you have stuff on their property that can't be trivially handed to you on the way out, guess what? They just denied you access to your stuff. In fact, it doesn't matter if you just bought it there, or were carrying your damn fridge to a Fridge Show.

      Sounds crazy, but act badly enough in certain places and they will throw you off your property...and sucks to be you if that's where your car was.

      Same with rental units. Rent one, put stuff in there, and then spay-paint the walls. See if they don't ban you from the place. 'But all my stuff's there!' Tough shit.

      They can't deny you access permanently, they will eventually have to give it back to you or someone designed as a representative of yours, but if you didn't want to be temporarily blocked from it, perhaps you shouldn't chosen to disregard the rules badly enough to get blocked from a place where you have left some of your property, you idjit.

      In the real world, you'd actually have to file paperwork with the police and schedule some sort of pickup with both them and the property owner, and I assure people that would take more than 24 or 72 hours.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    11. Re:They need to refund his money. by CraftyJack · · Score: 1

      Now hang on just a minute. Are you saying that if I slap the bartender I won't get to finish my beer?

      I paid for that beer!

    12. Re:They need to refund his money. by DavidTC · · Score: 1

      Well, that's a good analogy, but I was trying to stay away from actual illegal things. (Although I did say 'spray painted' with the storage unit, but the same thing applies if you, for example, set up drums in the storage unit and decide to practice your drumming there and refuse to stop.)

      Let's just say if you buy a beer, and then decide that you should run around hovering over other patrons and mocking them, in a way that is entirely legal but very rude, yup, they'll throw you out. :)

      And, of course, your beer is probably in a glass you don't own, and in many places you can't walk around with an open container of beer on the streets even if it was in a bottle, so it is probably illegal to actually take the beer with you even if you are holding it when they kick you out.

      In reality, I think there's actually a law about consumables people leave behind, and that they can be thrown out at closing, but even if there's no such law and they have to hold your beer for you, it's going to be very hard to recover that property.

      People, businesses have property rights. You can't just do whatever the fuck you want there.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  3. Someone needs to lay down the legal smack down by oic0 · · Score: 2

    Violation of rights? What if Ford banned you from your car for inflammatory remarks? This is a product he paid for being remotely disabled... Someone needs to give the gaming industry a good dose of "Act Right". Taking away our right to resell games, horribly restrictive TOS, crap tons of DRM, now remote disabling if you annoy them...

    1. Re:Someone needs to lay down the legal smack down by Anonymous Coward · · Score: 1

      It's simple: don't buy their games. Games are a luxury. If you don't like how they treat you, do not give them your money. Don't buy "Sequel 12 - The Game". Take your money to another publisher/developer who does not want to rape you.

      I've always been saying online-activation and online-accounts for single player games are bad, but people just dismiss it as "Oh it's fine, nothing's going to happen.". Well, tough luck, if you buy a game that requires these things, you get what you deserve.

    2. Re:Someone needs to lay down the legal smack down by JStegmaier · · Score: 1

      The game wasn't remotely disabled. Because he bought it from EA's online store, and because the download/installation requires account authentication, he couldn't download/install it because he account was temporarily disabled... If he had already installed the game before being an asshat on the forums, he would be happily playing it right now. Sounds more like a possible bug than an evil corporation trying to strip everyone of their rights to electronic entertainment if you ask me.

    3. Re:Someone needs to lay down the legal smack down by Candid88 · · Score: 4, Interesting

      I think a more relevant analogy would be buying a Ford, you hurling abuse on the forecourt of the only Ford dealer in town and then that Ford dealer not allowing you on their property to pickup the car when it's ready.

      You aren't banned from the car, rather banned from the only available means of getting hold of the car.

      In both the real and analogous cases, the common sense solution would be for either a workaround or a refund. But no-one likes common sense in the land of media and blogosphere hyperbole.

    4. Re:Someone needs to lay down the legal smack down by Ephemeriis · · Score: 1

      This is a product he paid for being remotely disabled...

      The product was not remotely disabled. The summary is misleading on that respect.

      The game had not yet been installed. Part of the installation process is a check for an active EA account (to make sure you're authorized to use the installer, and haven't just pirated it). Since his account was banned, he could not use the installer.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    5. Re:Someone needs to lay down the legal smack down by swalve · · Score: 1

      Right to resell: in theory, isn't buying online and having the installer locked to a certain account done in exchange for a cheaper price? Can't he have gone to Egghead and paid $39.95 and been good to go? It's more like renting a car from Enterprise, doing a youtube video about how Enterprise (allegedly) sucks, and having them ask for their car back.

      It is the same thing with electronic versions of media. You buy a $6 e-book and then complain when your rights are restricted. Don't like it? Go pay $16.99 for the book. Or cheap plane tickets. You got the $99 flight because they wanted to fill that particular airplane, not because they love you. Want an unrestricted ticket? Pay full price. Want to save money? Accept that discounts sometimes have limitations. [This assumes it WAS a discount. If not, never mind.]

      This particular case sort of sucks, but I don't disagree with the message. We all have the right to free speech, but if you act like an ass, other people might exercise their rights too.

    6. Re:Someone needs to lay down the legal smack down by oic0 · · Score: 1

      Ok so hes not just banned from this game, hes banned from any and all he bought from them but doesn't yet have installed at the moment.

    7. Re:Someone needs to lay down the legal smack down by Joehonkie · · Score: 1

      No, that would be a totally irrelevant analogy, because there is no physical space for him to violate, nor any risk to them that he will be able to badmouth them on their "property" simply by downloading and installing the game that they accepted his money for.

    8. Re:Someone needs to lay down the legal smack down by Belial6 · · Score: 1

      That is one of the reasons that I don't buy many games anymore. That being said, you also have to understand that when enough people do buy the games anyway, and it becomes an industry standard, it becomes an act of opting out of society.

    9. Re:Someone needs to lay down the legal smack down by Anonymous Coward · · Score: 0

      You're right. I stopped buying games from BioWare and EA a long time ago because of the way they treat their customers and employees. EA especially since they don't embrace the artistic side of the videogame market and everything has to be corporate money making games. Companies like EA are destroying the video-game industry for gamers and are replacing it for casual gamers because that's where the money is at. They can suck my left nut.

    10. Re:Someone needs to lay down the legal smack down by egladil · · Score: 1

      In the real world, since you have already paid for the car this would be considered theft in some jurisdictions...

    11. Re:Someone needs to lay down the legal smack down by Emhster · · Score: 1

      Actually, Ford has little to do with your right to drive a vehicle. Ford doesn't provide a licence to drive your vehicle. The Department of Motor Vehicle does. If you're caught doing stupid stuff several times, you may lose your licence to drive the vehicle you purchased. You still own a Ford though. Note that in this case, his EA account was banned for 72 hours, forbidding him to install games using the EA client. I don't think it's fair, but I couldn't find any content that got him banned so I can't say for sure his punishment was fair or not.

    12. Re:Someone needs to lay down the legal smack down by Anonymous Coward · · Score: 0

      The game wasn't remotely disabled.

      Yes, it was.

      Because he bought it from EA's online store, and because the download/installation requires account authentication, he couldn't download/install it because he account was temporarily disabled...

      That's the mechanism by which it was disabled.

      If he had already installed the game before being an asshat on the forums, he would be happily playing it right now.

      You mean the one-player game with zero multiplayer capability? You mean that one, where nothing he says or does can affect the way other players enjoy the game? Yeah it sure does make sense for a forum ban to interfere with that.

      Sounds more like a possible bug than an evil corporation trying to strip everyone of their rights to electronic entertainment if you ask me.

      Sure, sure ... oh, except the part where a BioWare community representative has confirmed that this banning mechanism is working as they intended.

      Did you ever try actually knowing something about an incident before making positive claims about it? You would look a lot smarter if you didn't make so many trivially-refuted statements that make it so obvious you don't know what the fuck you're talking about. Ignorance is one thing. Speaking out of ignorance for any reason except to ask questions just makes you an imbecile.

    13. Re:Someone needs to lay down the legal smack down by Ephemeriis · · Score: 1

      Ok so hes not just banned from this game, hes banned from any and all he bought from them but doesn't yet have installed at the moment.

      He's banned from the forums.

      Unfortunately, EA uses that forum account to verify ownership of purchases from their on-line store.

      Presumably (although I could be wrong here) he'd be OK if he'd bought a physical disc or purchased the game through Steam or some other way.

      I don't think this is a good situation. I think that your ability to use the games you purchased should be independent of your ability to post on the forums.

      But the summary implies that your ability to play any and all EA titles is tied to your EA forum login. And this is not accurate.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    14. Re:Someone needs to lay down the legal smack down by Candid88 · · Score: 1

      Breach of contract maybe (or probably), but not theft.

    15. Re:Someone needs to lay down the legal smack down by Anonymous Coward · · Score: 0

      The product was not remotely disabled. The summary is misleading on that respect.

      The game had not yet been installed. Part of the installation process is a check for an active EA account (to make sure you're authorized to use the installer, and haven't just pirated it). Since his account was banned, he could not use the installer.

      so....It was disabled.....remotely

      I think you may want to invest in a dictionary.

    16. Re:Someone needs to lay down the legal smack down by Candid88 · · Score: 1

      RTFA. They won't let him download the game because their download system and forum are linked, access to the game means access to the forum, hence the analogy.

    17. Re:Someone needs to lay down the legal smack down by causality · · Score: 1

      This is a product he paid for being remotely disabled...

      The product was not remotely disabled. The summary is misleading on that respect.

      The game had not yet been installed. Part of the installation process is a check for an active EA account (to make sure you're authorized to use the installer, and haven't just pirated it). Since his account was banned, he could not use the installer.

      And for some reason you think this distinction is important.

      Did you know that a BioWare rep confirmed this as intended behavior, that the system is working as designed? That means they know that disabling the account will lock paying customers out of not-yet-installed single-player games. That makes it intentional. That makes it a way to remotely disable those games.

      You can quibble about whether this is the most efficient way to remotely disable a game. Hell, a perfect remote-disable switch would work whether or not the game has been installed. So this is not a perfect remote-disable switch. It could be made to be even more effective. Yet in this case it was effective enough, and we know for a fact that it is intentional and working as designed.

      Did you know -- you could design a forum that lets you ban users from the forum without disabling any other accounts they possess? Did you know -- that an honest company would refund his money now that he cannot play a game he has bought? Did you know -- the bad publicity and general assholeness EA is displaying here will cost them a lot more than the purchase price of this game, in the form of lost reputation and potential customers who go elsewhere?

      Please, make some more excuses. I want to see just how brainwashed someone can be when they see a corporate logo. They're angels who can do no wrong, aren't they? Tell us why you want more companies to be able to rip people off like this. Tell us why that's a good thing. Tell us how this incident is going to discourage a would-be pirate and tell us how that's good for the game industry.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    18. Re:Someone needs to lay down the legal smack down by canajin56 · · Score: 1

      That's not just part of the installation process, it's part of the launch process. If you have no internet access, you can't play Mass Effect 2, for example. I'm assuming DA2 is the same way (but after the brutal ass rape DRM in ME2, why would I ever even think of buying another Bioware shitpile ever again?)

      --
      ASCII stupid question, get a stupid ANSI
    19. Re:Someone needs to lay down the legal smack down by Ephemeriis · · Score: 1

      And for some reason you think this distinction is important.

      It is an important distinction.

      Presumably (though I could be wrong) he would not be having this problem if he'd purchased through a different on-line retailer like Steam, or if he'd bought a physical disc.

      The summary implies that he was blocked from playing a game, not that he was blocked from accessing an on-line retailer.

      Did you know that a BioWare rep confirmed this as intended behavior, that the system is working as designed? That means they know that disabling the account will lock paying customers out of not-yet-installed single-player games. That makes it intentional. That makes it a way to remotely disable those games.

      It means that they know banning a forum account will return a blanket "not authorized" for any ownership checks. And, yes, that will result in somebody being unable to install a game that they should actually be authorized to.

      That does not mean that they intentionally designed the system such that a forum ban will keep you from playing your games.

      They may have actually done just that. Or they may have simply gotten lazy.

      Did you know -- you could design a forum that lets you ban users from the forum without disabling any other accounts they possess?

      Of course. But that isn't what EA did. So what's your point?

      Did you know -- that an honest company would refund his money now that he cannot play a game he has bought?

      Meh.

      Honesty doesn't have much to do with anything when you're a company the size of EA. Most of the crappy things you do just never get noticed. Generate enough bad publicity, and they'll wind up giving this guy a refund and letting him keep his game.

      But, let's be honest here... It's a temporary ban. It isn't like they took away his game forever. So, unless he decided he never wants to play it, he'll eventually get his money's worth.

      Did you know -- the bad publicity and general assholeness EA is displaying here will cost them a lot more than the purchase price of this game, in the form of lost reputation and potential customers who go elsewhere?

      Unlikely.

      There's been plenty of bad sentiment about EA for quite some time. They're still making craptons of money.

      Folks will forget about this in a few weeks/months.

      Hell, this guy's ban will expire and he'll install DA2 and have a great time playing it. He'll probably forget all about this in a few months and wind up buying something else from EA before the year is up.

      Please, make some more excuses. I want to see just how brainwashed someone can be when they see a corporate logo. They're angels who can do no wrong, aren't they? Tell us why you want more companies to be able to rip people off like this. Tell us why that's a good thing. Tell us how this incident is going to discourage a would-be pirate and tell us how that's good for the game industry.

      Where did I suggest that this was a good thing? I simply pointed out that the summary was inaccurate.

      To be completely honest, I think this is a crappy situation. I don't think it's fair for a company to disable access to your purchases because of something you said on their forums. And I think the distinction that folks are making - that this is a single player game - is just silly. Unless it's an MMOG of some sort, leave it up to the players to decide if they want to play with a specific person. If he's enough of an asshat in-game he'll get banned/booted from the server anyway.

      I'm not a big fan of EA in general. I've enjoyed some specific titles that they've published... But I've got absolutely no loyalty to EA at all.

      I've thoroughly enjoyed just about everything that Bioware has released, so I might be able to muster up some loyalty towards them... But they aren't the ones who built this online

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    20. Re:Someone needs to lay down the legal smack down by Ephemeriis · · Score: 1

      That's not just part of the installation process, it's part of the launch process. If you have no internet access, you can't play Mass Effect 2, for example. I'm assuming DA2 is the same way (but after the brutal ass rape DRM in ME2, why would I ever even think of buying another Bioware shitpile ever again?)

      I bought Mass Effect 2 through Steam. I played it without Internet access (damn you Charter!) on numerous occasions.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    21. Re:Someone needs to lay down the legal smack down by Anonymous Coward · · Score: 0

      So the installer was remotely disabled same thing.

    22. Re:Someone needs to lay down the legal smack down by Anonymous Coward · · Score: 0

      This sounds like bait and switch, possibly even fraud, along with a few other charges if you have a good attorney.

    23. Re:Someone needs to lay down the legal smack down by Vexor · · Score: 1

      Maybe EA should take a play from stardock's playbook.

      --
      ~Vexed and loving it!
    24. Re:Someone needs to lay down the legal smack down by oic0 · · Score: 1

      So you're saying when you purchase something digitally, you are renting it for an indeterminate period to be determined by their good graces? Also, digital editions are typically no cheaper. On books for instance, when they just come out in hard back, the digital edition has a hard book price. Yep, I just bought a 14 dollar ebook the other day that I had been waiting for.

    25. Re:Someone needs to lay down the legal smack down by Anonymous Coward · · Score: 0

      I think a more relevant analogy would be buying a Ford, you hurling abuse on the forecourt of the only Ford dealer in town and then that Ford dealer not allowing you on their property to pickup the car when it's ready.

      You aren't banned from the car, rather banned from the only available means of getting hold of the car.

      In both the real and analogous cases, the common sense solution would be for either a workaround or a refund. But no-one likes common sense in the land of media and blogosphere hyperbole.

      And in the car example, the dealer is perfectly justified in refusing to sell you the car. Once they've accepted your money, they have some legal obligations to deliver said car. At the barest minimum, they would need to refund your money.

      Similar principle should apply here - if they don't want to give him his game (for whatever reason), they should refund the money. This includes MMOs - you can't keep taking their money and then saying "no, you can't come in". People wouldn't stand for that at a gym, movie theatre, or any other real-world outfit - I don't understand why it's accepted online.

      (Note that I'm not saying you shouldn't be allowed to ban them; just that you shouldn't be allowed to kick them out and keep the money for services you no longer wish to provide.)

    26. Re:Someone needs to lay down the legal smack down by DavidTC · · Score: 1

      It's more like he finished signing the paperwork to buy his car, and then started dancing on chairs and running around insulting people and moving desks around. And he got banned and removed from the lot before he could get to his new car, still on their lot, to drive away.

      In the real world, he'd have to file paperwork with the police to schedule a time to be escorted to recover his car from Ford's lot, or file paperwork designating someone else to take possession of his car, and Ford would have to agree to it, or if not a judge would have to step in, blah blah blah...which I assure you would take much much much longer than a day or two.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    27. Re:Someone needs to lay down the legal smack down by Salus+Victus · · Score: 1

      The Internet is a self-policing agency, so I like your analogy, but I feel like it needs to go a bit further:

      Let's say you go to Eaverton and buy a car at the Ford dealership, then you walk across the street into the bar and start waving a gun around. The Eaverton sheriff has rules about that sort of thing, so he sends you packing. Now, when the car is ready, you can't come pick it up because the sheriff won't let you into town. The sheriff's salary is paid in part by taxes on the dealership's sales, but he didn't run you out of town so the dealership could keep your money. He did it because you broke the law.

      There's one other detail this analogy needs: the sheriff said you can come back next month, and you'll be able to pick up the car then (as long as you don't go waving weapons around in the bar like an idiot before you finish the transaction).

      --
      In theory, there's no difference between theory and practice. In practice, there's a big difference.
    28. Re:Someone needs to lay down the legal smack down by DeadboltX · · Score: 1

      We don't even have to turn this into a car analogy. The equivalent would be going into a Game Stop, paying for a game, bad-mouthing Game Stop's ripoff policies on used games, then having the cashier refuse to give you the game even though he is holding it in his hands in front of your face.

    29. Re:Someone needs to lay down the legal smack down by Ltap · · Score: 1

      I would think that the group to blame would not be Bioware. Rather, I direct your attention to a certain vowel-dominated acronym...

      I think that a lot of gamers (often the very young and/or very stupid) don't properly understand the relationship between the developer and the publisher. It is supposedly analogous to authors and publishers, but it's a bit more like screenwriters and producers. Publishers have a great deal (perhaps too much) creative control over the way games are designed. This is mostly done by the developers because they have no choice; unless they want to go the indie route and rely on word-of-mouth and perhaps a few Youtube videos, they won't be successful because they rely on the publisher's gigantic marketing and hype machine, along with connections and arm-twisting (how do you think demos get packaged with consoles or with other games, for instance?) One of the things publishers almost always dictate is DRM. For instance, many EA games from the mid-00s used the same sort of key generation, the same disk checker, etc. This isn't really a choice for developers, especially after the first game in a series is made. For an example, look at the fighting between Activision and Infinity Ward when Infinity Ward wanted more control over Call of Duty and resented Activision selling the name out to any studio they felt like. This was after they tried to distance themselves from the Call of Duty name entirely, having initially planned to release the Modern Warfare games simply as "Modern Warfare".

      In summary, DRM is almost always the publisher's fault. This is why I have resolved myself to not purchase (that is, not pay for) any game produced by most of the major publishers such as Activision or EA. I can't stand the thought of providing such groups with funds to continue their operations, even if I like developers such as Bioware.

      --
      Yet Another Tech Blog
      (but so much more, including game and movie reviews)
      http://yanteb.peasantoid.org
    30. Re:Someone needs to lay down the legal smack down by DavidTC · · Score: 1

      No it wouldn't.

      If you have property on someone else's property, they do not have to just let you walk up and take it. Even if they agree it's your property, they are not required to let you just walk up and take it.

      If you want to recover the property, you must contact the police, and they will maybe recover it for you, or you can schedule a time to recover it, or have a police escort, or all sorts of things.

      You cannot just walk up and take it if you've been barred from that location, even if it's yours. You must deal with the police and, if they can't work something out, the courts.(1)

      I assure people, setting this up would take much longer than a 24 or even 72 hour ban.

      1) Of course, if it does make it to the courts, the judge will probably fine the person who refused to cooperate utterly in giving your property back. But it doesn't ever get that far.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    31. Re:Someone needs to lay down the legal smack down by Anonymous Coward · · Score: 0

      In both the real and analogous cases, the common sense solution would be for either a workaround or a refund.

      Really? I give you money in return for an item and then you refuse to give me the item? A "workaround" or "refund" would be the smart solutions, but at least in your car example the buyer would surely be justified in getting the police involved. And no, that is not overkill. Think for a minute about how many scams could start this way (yeah, I'll just refund you with a "certified" money order, in six months...)

    32. Re:Someone needs to lay down the legal smack down by Anonymous Coward · · Score: 0

      Actually, in their TOS, they say they do reserve this right. Here you go (pasting Section 3 as it defines 'Entitlements'):

      3. Entitlements

      "Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of EA Services and/or products. Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement.

      9. Termination of EA Services, Accounts and Entitlements

      EA may terminate access to any online or mobile products and/or EA Services at any time by giving you notice of such termination within the time period specified when you joined the particular EA Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable product or EA Service or on http://www.ea.com/2/service-updates.

      EA may also terminate your Account(s) (and access to all related Entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of EA Services, Content, Entitlement, products, or EA's Intellectual Property as determined by EA in its sole discretion. You may lose your user name and persona as a result of Account termination. If you have more than one (1) Account, EA may terminate all of your Accounts and all related Entitlements. In response to a violation of these Terms of Service or any other agreement applicable to EA Services accessed by you, EA may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements associated with your Account or immediately terminate any and all Accounts that you have established. You acknowledge that EA is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnishing Entitlements associated with your Account. If EA terminates your Account, you may not participate in an EA Service again without EA's express permission. EA reserves the right to refuse to keep Accounts for, and provide EA Services to, any individual. You may not allow individuals whose Accounts have been terminated by EA to use your Account.

      If your Account, or a particular subscription for an EA Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular EA Service. If you believe that any action has been taken against your Account in error, please contact Customer Support at support.ea.com.

    33. Re:Someone needs to lay down the legal smack down by AK+Marc · · Score: 1

      this would be considered theft in some jurisdictions...

      Name one. You have property that belongs to someone else. You buy it. After you buy it, you take actions you know will get you banned from their store (where the item you bought currently sits). When you get there, the security people know you aren't allowed and turn you away.

      There is no place I know of where that is "theft." It may actually be a crime, or perhaps a non-criminal illegal act. But theft, in all jurisdictions I know of, requires the removal of property from someone with the intent of permanently denying them use of it. And in this case, they did not remove the item from him, nor is there any evidence that they intend to deny him access permanently, only that the "security" at the front door wasn't authorized to offer a refund as they should have, or gone into the store themselves to recover and deliver the item without the banned person getting on the property. This is apparently the first public incidence of this happening, so it is likely not the intended outcome, making "theft" a silly claim when there's no evidence they purposefully separated him from his item, let alone intended to do so indefinitely.

      But, by all means, please prove me wrong. Quote a single jurisdiction in which this would be considered theft. Otherwise, I'll just assume you are an armchair lawyer, making up things to make your incorrect opinion sound more authoritative.

    34. Re:Someone needs to lay down the legal smack down by AK+Marc · · Score: 1

      More like he bought it online, paid online, then when he went into the store, he got kicked out for being a prick before he even lets them know he's there to pick up something. Then he goes home and blogs about how Game Stop stole his game from.

    35. Re:Someone needs to lay down the legal smack down by AK+Marc · · Score: 1

      And for some reason you think this distinction is important.

      That distinction is the difference between a correct and incorrect statement. So yes, it is important. And it's very important for all the people yelling "theft" out there and such.

      Please, make some more excuses. I want to see just how brainwashed someone can be when they see a corporate logo.

      Wow, you are just stupid. Someone wanting correct complaints is somehow supporting the corporation about which lies are being stated? I don't support the corporation. They made a bad forum system. They are enforcing a rule that is almost certainly illegal. But what they aren't doing is "remotely disabling" a game. The game was *never* played before. It wasn't used then disabled. It was blocked from installation because there was no valid account tied to it. That's completely different. It may be as wrong. It may be more wrong. But it's not the same. That you are unable to understand that indicated that you are the one that's broken, not the person you are responding to.

    36. Re:Someone needs to lay down the legal smack down by Anonymous Coward · · Score: 0

      That analogy is lousy, it is not EA's ISP (who in a sense would be the sheriff of your analogy) blocking the download, but EA themselves, so what you did there was take a half decent analogy and made it worse. Well done.

  4. entitled to a refund? by v1 · · Score: 1

    If he paid for it, then they're telling him he can't USE it, he should be entitled to demand a refund. That simple. He didn't pay for the privilege of getting banned. Does anyone know if he sought a refund?

    --
    I work for the Department of Redundancy Department.
    1. Re:entitled to a refund? by FileNotFound · · Score: 1

      He paid to license the game and was bound by the terms of the agreement which I fear had a line about EA being able to take his license if he was being a giant dong in their community.

      You are not eligible for a refund when you breach the terms of the agreement.

      I am not saying that EA was right, just that they don't owe him anything.

      --
      In Soviet Russia, the television watches YOU!
    2. Re:entitled to a refund? by TheGratefulNet · · Score: 4, Insightful

      he IS entitled to a refund.

      no good were exchanged yet money was taken.

      which part of that do you not understand?

      its just that simple. it really is.

      I have no problem with the company banning him, but I do have a problem with not returning his purchase price when they refuse to offer what he gave money for. or, do you think its more like a 'donation' and they 'opt' to give you your goods or not at their discretion?

      don't be an ass. give him his money back and then just part company.

      if the game co does not return his money, they are looking at BEING SUED themselves, for theft. yes, not kidding.

      --

      --
      "It is now safe to switch off your computer."
    3. Re:entitled to a refund? by FileNotFound · · Score: 2, Insightful

      He is not entitled to a refund.

      Events:
      1. User buys license entitling him to use software.

      2. User breaches agreement and loses license to use the software.

      The fact that he did not use the software in the time period between him purchasing the license and losing it due to the breach of it's terms is irrelevant. They cannot be sued for anything and owe him nothing. They are acting within their rights.

      Once again, I am not saying that what they are doing is not morally wrong, but it is legal.

      --
      In Soviet Russia, the television watches YOU!
    4. Re:entitled to a refund? by xMrFishx · · Score: 2

      EULAs are not legal and binding. Agreements can contain all sorts of drivel so clicking that agree button does not entitle EA to your soul, even if they write it in the document. Sorry.

    5. Re:entitled to a refund? by FileNotFound · · Score: 1

      Well the court would have to settle that wouldn't they?

      He has every right to take EA to small claims court over the $60 game. I wish him the best.

      --
      In Soviet Russia, the television watches YOU!
    6. Re:entitled to a refund? by TheGratefulNet · · Score: 1

      sorry, you are wrong.

      in ANY country in modern civ, if you pay for a product and the vendor refuses to deliver, that's breach of contract.

      plain and simple.

      I would also think that invoking the 'fitness for purpose' law would also be effective. ie, if you bought widget X and it was advertised to do Y but it would not at all do Y, that was a misrep. on fitness of purpose and you are owed a refund.

      this guy needs to sue the company. I'd donate to it, in fact. I hate companies that get away with 'we can because we are big and have obnoxious lawyers!'.

      put up a paypal site and I'll give you a donation if you promise to sue the company for breach of contract.

      --

      --
      "It is now safe to switch off your computer."
    7. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      Typically we agree to software EULA's during the installation. If this is the case, then as I understand it he is being found in breach of the license agreement due to actions he took before agreeing to said license agreement.
       
      This is the equivalent of a bank foreclosing on your car because you did not make a payment a month prior to actually taking out the loan.

    8. Re:entitled to a refund? by Anonymous Coward · · Score: 5, Insightful

      I don't believe that by paying for software that you are agreeing to the terms in service. You would first have to DOWNLOAD the software and be presented with the Terms of Service on install. As he was NOT able to download and install, he then never actually agreed to the Terms of Service and therefore should be given a refund.

      So what you are saying is that theft is legal?

    9. Re:entitled to a refund? by Seumas · · Score: 1

      Goods WERE exchanged.

      The player paid EA money.

      EA gave the player a license.

      That license included a clause (either directly in it or extended to and by use of their website) that said they had the right to in one or more ways restrict access to that game.

    10. Re:entitled to a refund? by dzfoo · · Score: 1

      You do not seem to understand. The breach of that "contract" was performed by the user: the contract was not a purchase in which goods must be exchanged, but a license allowing the user to install the software so long as he or she adheres to the terms. Since the user violated the terms, he is in breach of contract, his license is revoked, and therefore he has no claim.

      As the parent poster said, it does not make it right or justifiable, just legal.

                  -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
    11. Re:entitled to a refund? by FileNotFound · · Score: 1

      You really don't get it do you?

      The product is the license. He was GIVEN the license. He HAD it and was entitled to use it UNTIL the breached the terms of the license and lost the license.

      He is owed nothing.

      He did not "buy a widget" he bought the RIGHT TO USE widget as long as he followed the agreement. He did NOT follow the agreement and LOST the right to use the widget.

      Welcome to software licensing 101.

      --
      In Soviet Russia, the television watches YOU!
    12. Re:entitled to a refund? by FileNotFound · · Score: 1

      He agreed to the terms when:
      1. He created an EA account.
      2. He posted on the forums.
      3. He bought the game in the EA store.

      During all those points he agreed to the terms EA had.

      Once again, they may have been unfair, immoral - but he did agree to them.

      --
      In Soviet Russia, the television watches YOU!
    13. Re:entitled to a refund? by 0123456 · · Score: 1

      He has every right to take EA to small claims court over the $60 game. I wish him the best.

      And he would win, because EA don't want the 'you're only buying a license, na-na' excuse tested in court for the sake of $60.

    14. Re:entitled to a refund? by Chewbacon · · Score: 1

      Are some of you really that dense? I'm going on the assumption that it doesn't ask him to agree to the license until he installs it, which happens after you purchase the product. So in this case, EA sold him a game and then didn't want to extend a license to him so therefore he should get his money back. I've had to charge back a couple of times with my bank and it is pretty easy and painless. And why doesn't he just set up a new account to play? Works with PSN, Xbox Live, and many MMORPGs.

      --
      Chewbacon
      The Bible is like Wikipedia: written by a bunch of people and verifiable by questionable sources.
    15. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      AFAIK you do not have to agree to a EULA when making a software purchase. Typically that is agreed to during the installation process. If the installer did not work, then he should definitely get a refund. If agreeing to a EULA was required before making a purchase, it would be printed on the outside of the box and signed for at checkout. If said product is on a store shelf and does not use that method for confirming EULA acceptance, that is a legally questionable double standard.

    16. Re:entitled to a refund? by xMrFishx · · Score: 1

      Small claims is a great place for protecting the consumer over here. I'm very glad we have it.

    17. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      Given that EULAs are still questionable in court, and that he didn't download the software yet to even agree to the EULA terms, what EA is doing in this instance is not legal and will result in a successful lawsuit.

    18. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      Agreement violates buyer's free speech rights.

      Null and fucking void.

    19. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      I don't know any court who would see it that way. They may have the right to cancel the contract, but then he also has the right to cancel his payment, which means they have to refund him. Legal systems very rarely have loop-holes that allow you to screw people over timing or special wording in contracts.

    20. Re:entitled to a refund? by Kjella · · Score: 1

      in ANY country in modern civ, if you pay for a product and the vendor refuses to deliver, that's breach of contract.

      The essential question is "Who broke the contract first?" If you pay with a check and the check bounces the vendor is not in breach of contract when he doesn't deliver, because you broke it first. In this case it seems he broke the contract on the forum first, which terminates the vendor's obligations. To take another example, if you buy one Red Hat license but install it on ten servers and they find out they can terminate your service. Doesn't matter if you paid for it, you don't even get support on the one. Why? Because you broke the contract first. That's the general rule of contract law everywhere and I don't see how this case is any exception. It's nasty to link it all to your account but I'd say fully legal.

      --
      Live today, because you never know what tomorrow brings
    21. Re:entitled to a refund? by aaaaaaargh! · · Score: 1

      1. User buys license entitling him to use software.

      2. User breaches agreement and loses license to use the software.

      Wrong. First, in the vast majority of countries a user is entitled for a refund/return of the product within a certain time period IN ANY CASE. At least this holds in all European countries I know of...don't know about the US. Secondly, the user was not given a choice to read the EULA before buying the product. In that case, if he disagrees with the EULA he is definitely entitled for a refund no matter whether he agrees with the EULA or not. Third, these kinds of EULAs, the ones that are imposed on users before buying software and do not allow for refunds, are VOID in the vast majority of countries in Europe anyway. (They are considered frivolous and don't count much in court.) Again, I don't know about the US and other countries but I suspect that customer protection is not substantially worse there.

      An EULA is not a "magical contract." It (mostly) works like any other contract. You can print it out, make changes as you like, and set them back to the publisher just after having bought the product in question. If he disagrees with your changes, he will have to give you your money back.

      ----
      By answering to this post, you agree to the following EULA of this post: Everything you own belongs to the OP.

    22. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      YMMV on the legality of this.

      1. User buys license entitling to use software.
      2. User breaches agreement.
      3. Software license is terminated and software rendered unusable.

      http://en.wikipedia.org/wiki/Unjust_enrichment

      Since Bioware has technically provided no service for the money provided (a lack of consideration) and since the user has not been able to partake in the service purchased then Bioware is unjustly enriched by the breach of the license and must return the money.

    23. Re:entitled to a refund? by fast+turtle · · Score: 1
      1. Gamer bought a CD/DVD to install said software onto his computer
      2. Gamer breached TOS of Forums
      3. EA Shuts game off on his Computer

      The only problem is, the gamer bought a physical product and depending upon his state, any EULA that EA is trying to enforce would be an unrecognized clause. For example, in California, EULA's are not recognized as a Valid Contract, thus EA is now liable for Breach of the First Sale Doctrine, Computer Hacking and Misrepresentation of Product, meaing that in California he'd have EA by the Balls and could rip them off, teaching them a lesson while getting a very nice payout for his trouble.

      --
      Mod me up/Mod me down: I wont frown as I've no crown
    24. Re:entitled to a refund? by geekoid · · Score: 1

      How can he breach an agreement to software not yet installed?

      And no, it is not legal, and yes they should be sued. No court is going to side with BioWare on this. Just because it's in a EULA doesn't mean it's legal or binding. If you think I just said that EUALs in and of themselves are not legal binding, go read that sentence again. If you still think that, just logoff.

      DI you think if their EULA said there game couldn't be played by gay people it would be binding?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    25. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      show me the packaging that says he's explicitly bought a license and not the game and i'll buy what you're saying.

      not saying that packaging doesn't exist, i just hate the whole "well you bought a license not the software" bullcrap.

    26. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      And its morons like you that are pushing us into accepting this thievery. I'd reverse the carge with the CC company and if that didn't work, a few executives windshields would be just compensation....

    27. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      That is what the companies tell you, but it doesn't hold up in a courtroom.

      This would be a simple win for anyone in small claims court on the warranty of merchantability alone.

      They probably expressly deny the WOM in their EULA. It doesn't matter. To deny the WOM and market your product you either have to attach disclaimers to everything like some sort of pharmaceutical commercial or actually market it as "as-is". They clearly have done neither.

    28. Re:entitled to a refund? by v1 · · Score: 1

      The contract is "I give you $$, you give me license".

      All contracts require benefit of both parties, that's why we occasionally see things being sold for $1, because it forms a contract.

      If the contract is breached, either party can demand a return. The contract is returned, AND SO IS THE MONEY. Things are reset to what they were prior to the contract, the benefits to both parties are returned.

      It's no different than when a company refunds you for something you bought, you have to return the item. You can't just refuse to return your part of the bargain. Try getting a return on an item without bringing the item back in. Naturally they're entitled to their return as much as you are. Same for licensing. But they do try to hide that or make it very difficult. Look at all the fights we see over software licenses being returned like when people buy a pc with windows and then try to return windows. They usually make it a PITA or outright refuse till the class action hits them. It can be very hard to return software, but legally it's allowable. And nowadays basically all software is licensed not sold, primarily to make more hoops for the consumer to jump through for returns, and to try to build some facade of "I still have control over this after I've sold it to you".

      --
      I work for the Department of Redundancy Department.
    29. Re:entitled to a refund? by Howitzer86 · · Score: 1

      So what you are saying is that theft is legal?

      Lots of terrible things are legal. This is of no surprise.

    30. Re:entitled to a refund? by Anonymous Coward · · Score: 1

      If its a corporation doing the theft, yes.

    31. Re:entitled to a refund? by rtrifts · · Score: 3, Informative

      In a consumer contract of unequal bargaining power, the stronger party to the contract cannot deny to the weaker party the whole of the benefits under the contract and then rely upon a limitation or exclusion clause in the contract to justify that breach and denial of the very benefits to the other party which goes to the root of the contract.

      In the old days, we called this a fundamental breach (Suisse Atlantique) . Now, we just call it a breach, followed by a refusal to apply the exclusion clause for reasons of unconscionability in a consumer contractual setting (Tercon Contractors v. B.C.; Hunter v. Syncrude).

      Either way, EA's conduct as described in the article appears to me to be, beyond much doubt, plainly unlawful -- and the suggestion it is "legal" because of a provision in a EULA that they could never rely upon in court is wholly misguided.

      This is an academic discussion unless and until somebody was to sue EA over a matter like this, but to excuse the conduct of a bully by suggesting it is "legal" is both morally -- and legally -- wrong.

      End result: a software company cannot fundamentally breach a contract and then rely upon the terms of the EULA to get them off the hook and avoid a claim for rescission of the contract. The law doesn't work that way. Not for huge transportation companies with a global reach, not for monstrously large insurers upon which all modern commerce depends, and not for a comparatively small, "chump change", consumer products corporation like EA, either.

      --
      .Robert
    32. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      If the license agreement is active upon purchase, then what you're saying is that anything printed on the EULA that everyone clicks thru is irrelevant. Since he never got to see the EULA, cuz it never installed, what you're saying is that that EULA became active without the purchaser ever seeing it, and ever getting a chance to agree to it. Which is a scary thought indeed. BTW, by reading this post you hereby relegate all of your wordly possessions to me. And any you will ever possess. Please sell everything first so I just get cash. kthnxbye!

    33. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      You conveniently leave out steps to make your argument appear true.

      Lets try it this way:

      Events:
      1: User purchases game on electronic store from manufacturer.
      2: User does not download the game.
      3: User does not install the game.
      4: User does not agree to the license that pops up during the installation process because he has not yet downloaded or installed the game.
      5: User gets banned on the forums.
      6: User tries to install the game and is not allowed to do so due to forum bans.

      In this more proper order of events we see the customer was never given opportunity to agree to the license; and therefore any clause that might dictate "we can cancel your license at any time for any reason" has not been agreed to yet.

      Secondly EULA's still have a lot of litigation to go through in the US before they can even remotely be seen as ironclad contracts. They often make outrageous claims to rights that are not legal in particular states, yet the same license is presented to all users in all states and countries.

    34. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      It sure sounds like the ban occurred before the purchase tho. Did the guy get banned after buying it, but before installing? Cuz otherwise, if they sold a license *with* terms already breached, it sounds like a sale being made in bad faith to me. How is it possible to make a transaction like that? Wouldn't the transaction itself clear the ban? Or did they never intend to deliver the goods in the first place? Or is this a case of "we can't be expected to keep track of all of our customers"? which btw is BS.

    35. Re:entitled to a refund? by WCMI92 · · Score: 1

      Just because the agreement said that doesn't make the agreement legal.

      --
      Corporatism != Free Market
    36. Re:entitled to a refund? by Tom · · Score: 1

      They cannot be sued for anything and owe him nothing. They are acting within their rights.

      Then those rights need to be redefined.

      He paid for a game. He is entitled to a game. I don't know how much simpler it can get. I hope this goes to court and the judge finally throws out these EULA and after-purchase "agreements" as the one-sided extortion nonsense they are.

      --
      Assorted stuff I do sometimes: Lemuria.org
    37. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      But he had to agree to the terms when registering for an account on the forums... the TOS which must be agreed to before registering on the forums:

      http://social.bioware.com/tos_ajax.php?country_code=&language_code=en

    38. Re:entitled to a refund? by IICV · · Score: 1

      Events:
      1. User buys license entitling him to use software.

      2. User breaches agreement and loses license to use the software.

      That is almost entirely the definition of an unconscionable contract - I pay you money, you are contractually obligated to provide me with the license I paid for unless you decide that I don't deserve it? No, that's completely unfair.

    39. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      Also. I highly doubt the EULA for Dragon Age 2 includes "Must be civil on EA forums"

    40. Re:entitled to a refund? by ShakaUVM · · Score: 1

      >>Since the user violated the terms, he is in breach of contract, his license is revoked, and therefore he has no claim.

      You still have issues of consideration (you can't get something for nothing) and the fact that EULAs are in a legal grey area.

      EULAs also don't trump consumer protection laws.

    41. Re:entitled to a refund? by ShakaUVM · · Score: 1

      He agreed to the terms when:
      1. He created an EA account.

      You're honestly making the claim that posting on the EA forums entitles EA to sell a game that cannot be installed, and cannot give a refund?

      I'd love to watch you try to argue that in court with a straight face.

    42. Re:entitled to a refund? by ShakaUVM · · Score: 1

      For example, in California, EULA's are not recognized as a Valid Contract, thus EA is now liable for Breach of the First Sale Doctrine, Computer Hacking and Misrepresentation of Product, meaing that in California he'd have EA by the Balls and could rip them off, teaching them a lesson while getting a very nice payout for his trouble.

      If only the DA2 EULA stated that all lawsuits in America had to be settled in California.

      Oh wait, that's exactly what it says. =)

      But then again, their EULA also claims that you can't sue them, and your only recourse is to uninstall the software, and delete your EA account. I presume they didn't also add "...and shoot yourself in the head" because that might make it a little too obvious how unenforceable their claims are.

    43. Re:entitled to a refund? by ShakaUVM · · Score: 1

      >>And he would win, because EA don't want the 'you're only buying a license, na-na' excuse tested in court for the sake of $60.

      Small claims courts don't set precedent.

      I doubt random_user is going to throw money at EA to get a test case. The EFF might, though. This is perfectly in line with their stance against EULAs.

    44. Re:entitled to a refund? by AK+Marc · · Score: 1

      I think you are trying to be funny, stating it how you think the software people want it to be. But it isn't that far gone yet. He paid for a license. They revoked that license. They didn't return his money. That's a breach of sale.

    45. Re:entitled to a refund? by AK+Marc · · Score: 2

      And people forget, the terms may have been illegal. There are a number of rights you can't get rid of, and law overrides contract.

    46. Re:entitled to a refund? by AK+Marc · · Score: 1

      So what you are saying is that theft is legal?

      What theft? Theft is defined where someone takes something you have with the intention of depriving you of it indefinitely. They didn't take anything from him. He freely gave them money. The game he felt he was entitled to after that was denied to him. That's a breach of contract, a fraud, or such, but never a theft.

      What I don't get is when everyone on this forum gets all pissy when someone uses "hacker" wrong or such, but is happy to use legal terms over and over incorrectly, even when (or especially when) they are using them incorrectly.

    47. Re:entitled to a refund? by thegarbz · · Score: 1

      Unfortunately in nearly every country a breach of contract must be met by some type of performance of both parties. If one party performs the full contract and the other does not, a breach doesn't magically put them on equal grounds.

      E.g. You and I sign a contract that I will build you a mansion for $1million. The fineprint of the mansion voids the contract if you sneeze. You pay me $1million and then sneeze. You have performed I have not. If you take me to court over the fact that I now have your money and you have nothing the legal system will drop us back to an equal level, and likely reward you with most if not all of the money back unless I can prove that I performed even a part of the contract before it became void. You have 0% of the work done on your house then you pay 0% of your terms of the contract. Say part of the designs are finished then you're only entitled to part of the money back.

      If this goes even to a small claims court the guy would get his money back.

    48. Re:entitled to a refund? by Anonymous Coward · · Score: 0

      You seem to be ignorant of a large body of case law. Judges have often upheld sale terms to transactions that look like sales. Saying "he is owed nothing" is ignorant at best as it ignores many many similar situations in which am individual such as this, in fact, turned out to be owed something.

    49. Re:entitled to a refund? by Your.Master · · Score: 1

      I expect registering on the EA forums requires you to tick the "I have read and understood these terms" box, so I can definitely see that argued with a straight face.

      The fact that basically *everybody* outright lies on that standard form would be a counterargument.

    50. Re:entitled to a refund? by Your.Master · · Score: 1

      I don't think theft has any such definition. I don't think "intent to deprive" enters into whether something is theft in the vast majority of legal jurisdictions, and in my experience it doesn't in common usage either except on slashdot. I don't think "intent to deprive" is an unreasonable distinction to make when you're talking about behaviours, I just don't think it's a necessary part of theft.

      I believe the most common definition is basically taking something without the provider's consent, with a couple caveats:

      1. If you don't know the provider, make a good-faith effort to return it, but fail, it's not theft to keep it.
      2. If you know the consenting provider doesn't have it legally, then it still probably is not legal and questionably ethical to take it unless you have the permission of a legal consenting provider.

    51. Re:entitled to a refund? by Your.Master · · Score: 1

      Hmm, I just found that the Collins English dictionary does agree with you. Random House and Merriam-Webster's legal dictionary agrees with me. Even Collins seems to agree with me on "steal" but not with "theft".

      I honestly have never understood the word to include intent to indefinitely deprive you of that thing. It doesn't even seem to match common theft. If a guy steals your radio, it's not normally a "fuck you, radio owner, now you'll never have this radio" so much as a "sweet, I can sell this for food money".

    52. Re:entitled to a refund? by AK+Marc · · Score: 1
      http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.31.htm
      "A person commits [theft] if he unlawfully appropriates property with intent to deprive the owner of property." Deprive means, "to withhold property from the owner permanently..."

      Screw the legal dictionaries when they are in direct contradiction of the law they supposedly claim to be defining. And no, I don't cherry pick TX law. I lived there and only there until through college, so I have read the laws many times and can remember and easily look them up.

      Even Collins seems to agree with me on "steal" but not with "theft".

      That's funny as the State of Texas states "Steal' means to acquire property or service by theft." So they are essentially synonyms.

      I honestly have never understood the word to include intent to indefinitely deprive you of that thing. It doesn't even seem to match common theft. If a guy steals your radio, it's not normally a "fuck you, radio owner, now you'll never have this radio" so much as a "sweet, I can sell this for food money".

      The intent was not for what you state. When someone takes something permanently (whether because they have some "spite" to deprive you of it specifically, or because they want to sell it for food, which requires depriving you of it permanently, whether or not that is something they consciously think about), they commit theft. When your neighbor doesn't return your rake you lent them, it isn't theft. When they take it and you know they did, even if you didn't give permission, if you think they'd return it if you asked, it isn't theft. Those are torts. You sue him for your loss. You know who took it and why, and if you are wronged, you pursue it in civil court. Interestingly enough, that also makes joyriding not a theft. Though many places put "joyriding" laws in, or change the laws around "grand theft auto" to include joyrides. Because, again, if you aren't going to be deprived of it forever, then you'll get it back and be able to trace who returned it and pursue them for your loss. Involving the criminal system should be a consideration only when other avenues can't be used.

      I'm not specifically arguing for or against that line of logic, just explaining it because you seemed to not understand why taking without permission with the intent to return wasn't theft and the other associated corollaries.

  5. While it plays out over time... by fuzzyfuzzyfungus · · Score: 1

    All of this crap was really writing on the wall the moment we started down the "$FOO is licensed, not sold" road. The rest is just technical implementation details of the measures needed to keep the remote systems, and their users, in line.

    1. Re:While it plays out over time... by Seumas · · Score: 1

      Can anyone actually point to a time when commercial software was not merely "licensed" to people? As far as I know, music, movies, and software have always been merely "licensed" to the purchaser, no matter what media it was on, what items they physically owned, and so on. Was there actually a time when you could own any of the aforementioned items and truly "own" it, short of duplicating for illegitimate resale/distribution purposes?

    2. Re:While it plays out over time... by swalve · · Score: 1

      I can't prove it, but there was a time when a physical copy of the software was like a book. (It is kind of like that now with licensing servers, but not quite.) You could buy one copy of Wordperfect and install it on as many machines as you wanted, (work pc, laptop, home pc) as long as there was only one person using it at one time.

      Where the licensing, "you can't resell this" thing comes into play are usually situations where the software (or video or whatever) was sold with some restriction. You can't transfer the COA license on the side of your computer to another one because MS sold it to Dell cheaper, with the knowledge that such a license is less "liquid" (in the economic sense). Rather than having a copy of Windows that you can install on every successive machine you purchase over time, the OEM license is cheaper because it is tied to the physical box. You might replace the computer every three years, but only change OS every 6.

      Or with that autocad story a few months ago. The whole point was that the instance of the software being sold was an upgrade, not a full version. And the dude reselling it didn't have title to the original instance that was being upgraded. But he was selling it as if he did.

      In other words, you can't sell what you don't own. The value of the thing can increase or decrease (a full-fledged Win 3.11 license probably isn't going to sell for the $199 I paid for it.), but the "weight" of it cannot. Imagine, if you will, a scenario. A video rental store could sell a lifetime subscription. It's $300 for one that is fully transferable. If I get sick of it, I can sell or give it away. It is tied to the number on the card, whoever has the card has the subscription. They also sell a $79 lifetime subscription, that isn't. It is tied to me, and only me. It is somehow tied to me proving it is ME trying to rent the video. If I don't want the subscription any more, tough titties. So, what I do is put it up on ebay for $150 as a "lifetime subscription". Someone buys it and I include a fake ID so the buyer can pretend to me. I've sold more than I owned.

      This is especially complicated with media like software or music or video or books. Nobody "owns" the content except the one person who owns it, deriving from the IP ownership rights of the creator. Buying a book or DVD is buying physical ownership of a pile of paper or a hunk of plastic. What you also have is a license to use that media for the lifetime of that piece of paper or hunk of plastic. (With some rare exceptions, and those are usually spelled out. "This thing is owned by MegaCorp, license is granted for X purpose, any other use forfeits the license.") It was convenient for everyone, because the license was tied to the physical thing. If you can hold it in your hand, you've got license to use it. But people somehow got the idea that owning a copy of a thing meant that they owned a "piece" of the content, partially because there was nothing stopping them from making copies. Then greed sets in (even if that individual doesn't know they are being greedy), and suddenly we've got people trying to dictate to media creators how they should or shouldn't be able to make money off of their creative works. "You don't own sound, man, you should play more gigs if you want to make money!"

    3. Re:While it plays out over time... by Carewolf · · Score: 1

      Can anyone actually point to a time when commercial software was not merely "licensed" to people?

      Yes, the time is now. The licensing thing is sham. You own software the same way you own hardware, it is just that some companies have no scruples of giving incorrect legal advise, trying to convince you that you have only licensed the software. There is just one problem: It is lie, you own it.

    4. Re:While it plays out over time... by Anonymous Coward · · Score: 0

      Well, unless you happen to live in a UCITA state (Virginia or Maryland only I think), software licenses are still considered a 'good' under the U.C.C., and thus standard form contract rules apply. Several things about this EULA makes it a contract of adhesion (which isn't always grounds for unenforceability) AND unconscionable (which usually is grounds to render it unenforceable).

      The issue here is the TOS, not the actual EULA. BUT, in this case the TOS is tied to the EULA, as in the retail box, there are things you receive (unlock codes usually) that are subject to the TOS because you need an account, and the digital version requires an account to download, AFTER you purchase it. Thus, this tied to the TOS, and the fact that you have no choice but to accept it, makes it a contract of adhesion (defined as one 'presented on a standard form on a "take it or leave it" basis, and gives one party no ability to negotiate because of their unequal bargaining position').

      What makes it unconscionable is that it has 'terms outside of the reasonable expectations of the person who did not write the contract'. Those terms are specifically in sections 3 and 9 of the TOS. Section 9 says EA can revoke access to your accounts AND Entitlements. Section 3 defines Entitlements, which do include offline content, such as paid AND free downloadable content, unlock codes, and serial numbers. No reasonable person would agree to a contract that would allow the seller to deny them access to the offline, single-player only game they paid for if they somehow displeased the seller at a later date. A TOS for an MMO usually gets away with this because the TOS only applies to the service, and most people find it reasonable to be denied access to a game when they're being disruptive to other players, outside the bounds of the game itself.

    5. Re:While it plays out over time... by Stray7Xi · · Score: 1

      This is exactly the confusion. The user thought he bought a product. If a product isn't delivered it can become fraud.

      Then the lawyers come in and no one buys anything. They license permission to use. It's a bunch of handwaving but ultimately a deception against the consumer.

      Just like now when someone else opens an account in my name, it's no longer fraud but "identity theft". The bank would be at fault for fraud, but now the individual is at fault that someone else claimed to be him and the bank didn't verify.

  6. Incredulous. by Anonymous Coward · · Score: 0

    ...and the reason why all you idiots keep on buying EA games and supporting those douchebags is...???????

    1. Re:Incredulous. by Seumas · · Score: 1

      While people could theoretically boycott (not that it would accomplish anything), EA is enormous. If they don't already own your favorite developer today, they will soon. And if they don't, one of the other two major evil corporate game developers and publishers will.

    2. Re:Incredulous. by Eraesr · · Score: 3, Insightful

      Because they are the publishers of some absolutely fantastic games.
      You know, it's very easy to say "simply don't buy their games", but with that attitude, we'd most likely never get any form of entertainment anymore, because almost all of them include some restriction or price tag we're not happy with.
      The choice remains between sticking up for your own values and missing out on some piece of entertainment you're dying to experience, or accepting the restrictions and enjoy the game after all. Considering that option 1 makes virtually no difference to EA, the choice is often easily made for option 2. But IMO, even having made that choice, it's still valid to rant about the restrictions on the entertainment. You may have bought the game, but that doesn't mean you fully agree with the restrictions it comes with.

    3. Re:Incredulous. by RogueyWon · · Score: 2

      Agree with what you say, but would add that this is now the second time that I've bought an EA game (a steam purchase in this case) which I've later regretted because I probably would have witheld my purchase had I known about some of the stuff the publisher was doing.

      The first case was worse, really, because it directly affected my enjoyment of the game. That was Command & Conquer 4, which had "needs an always-on net-connect" DRM (and an unreliable version at that), despite the fact that I hadn't found this anywhere in the pre-release publicity.

      C&C4 was a fairly marginal purchase for me anyway - I'd liked C&C3, but not loved it. Had I known in advance about the DRM, that would have been a definite no-purchase. Dragon Age 2 would have been a much tougher decision.

    4. Re:Incredulous. by Hatta · · Score: 1

      You know, it's very easy to say "simply don't buy their games", but with that attitude, we'd most likely never get any form of entertainment anymore

      Nonsense. If people refuse to buy DRM, someone will serve that market.

      The choice remains between sticking up for your own values and missing out on some piece of entertainment you're dying to experience

      If your values are worth less to you than a bit of entertainment, you don't really value them that much at all.

      --
      Give me Classic Slashdot or give me death!
    5. Re:Incredulous. by Tom · · Score: 1

      You know, it's very easy to say "simply don't buy their games", but with that attitude, we'd most likely never get any form of entertainment anymore, because almost all of them include some restriction or price tag we're not happy with.

      Funny how people stop believing in this "free market magic" they otherwise defend tooth and nail against all the evilz communist socialists (i.e. anyone who doubts that somehow the magic will solve all problems ever).

      Maybe with that attitude, we would be getting some entertainment without the restrictions or price tag we're not happy with?

      The choice remains between sticking up for your own values and missing out on some piece of entertainment you're dying to experience, or accepting the restrictions and enjoy the game after all.

      No, the choice is between giving them your money to play their game, or downloading a torrent and playing their game. Come to the real world. This is the real choice.

      --
      Assorted stuff I do sometimes: Lemuria.org
  7. Wow by Anonymous Coward · · Score: 2, Informative

    From TFA:

    2. EA Community bans come down from a different department and are the result of someone hitting the REPORT POST button. These bans can affect access to your game and/or DLC.

    Damn, all I have to do to ruin someone's day is report their posts? Harsh.

    As will be parrotted and echoed a dozen times, they really should divorce the game from community connectivity when doing these punishments and not deprive you what you paid for.

    1. Re:Wow by Seumas · · Score: 2

      If you are a game reviewer and you displease the publisher or developer today, you can pay the price, tomorrow. You'll be cut off from demos, early reviews, meetings, press events and other access to their people or games.

      Now, we can finally extend that to the consumers. Too critical of our company, developers, DLC practices, or product? Oops, sorry! Enjoy your next year without access to your "owned" content.

    2. Re:Wow by Anonymous Coward · · Score: 0

      Damn, all I have to do to ruin someone's day is report their posts?

      Reported OP.

    3. Re:Wow by FileNotFound · · Score: 1

      Yes - if you do it on their private forums. You can post that EA sucks and that Bioware sold out all you want, just not on their site.

      It's kinda like walking into someone's living room and taking a shit, you can't expect them to like it.

      I've never been surprised to see "official" forums delete criticism posts. Official forums are there to help sell the game. Nothing more.

      You want to bitch and moan about EA, do it here or on some game forum. Not on EA's forums with an EA owned account.

      --
      In Soviet Russia, the television watches YOU!
    4. Re:Wow by arketh · · Score: 1

      Yeah, that is the scary part. any user can report your post and block your access to play new Bioware games... how long before someone starts reporting every user on the forums for fun? I for one am going to avoid posting on game forums if I can help it.

    5. Re:Wow by RobinEggs · · Score: 1

      Yes - if you do it on their private forums. You can post that EA sucks and that Bioware sold out all you want, just not on their site.
      It's kinda like walking into someone's living room and taking a shit, you can't expect them to like it.

      You have *got* to be kidding me. Asking if Bioware has "sold their souls to the EA devil?" constitutes some egregious offense analogous to taking a shit in someone's living room? An offense for which it was acceptable to ban him? I don't care if it's technically a private forum, if you believe free speech applies *anywhere*, you should be appalled at such retaliation for criticizing an establishment. Just because the forum's most cynical purpose is to help sell the game doesn't mean anyone benefits from silencing opposition; it just proves that EA cares more about appearances than about the satisfaction of their customers, and speaks volumes about how likely future game titles or forum policies are to take fan criticism into account.

      EA may work directly for the stock holders, but they theoretically work for us, the gamers, and telling a customer you won't tolerate criticism of your product is delusional, possessive, and self-destructive.

    6. Re:Wow by Seumas · · Score: 1

      Deleting a post or banning a poster from posting is one thing. Restricting access to things they have bought from your company is another. And, frankly, what better place to complain about a product or company than to/at the product or company? You might not get any traction from voicing your opinion about Valve and Steam at their forums, but you're *definitely* not going to get any traction by voicing it at an entirely unrelated forum somewhere else.

      Of course, we're also operating under the assumption that the poster did something truly vile. Truly was ruining the experience of other forum members through his behavior. We don't know if that was the case. Maybe it really was some sort of retaliation for merely making a statement against the company (and the statement he claimed to have made seems incredibly tame and uninteresting). Regardless, none are justification for restricting access to the software which has no relation to the forums.

      Also, you have to remember that a lot of customers aren't thinking about EA. In the poster's mind, he was commenting about Bioware's relationship with EA on Bioware's website. Of course, they're now one and the same, but that's a distinction that might easily be lost.

    7. Re:Wow by Anonymous Coward · · Score: 0

      Yes - if you do it on their private forums. You can post that EA sucks and that Bioware sold out all you want, just not on their site.

      It's kinda like walking into someone's living room and taking a shit, you can't expect them to like it.

      I've never been surprised to see "official" forums delete criticism posts. Official forums are there to help sell the game. Nothing more.

      You want to bitch and moan about EA, do it here or on some game forum. Not on EA's forums with an EA owned account.

      Yes this is /. we're all quite aware of private property rights.

      However this is more akin of you taking a shit in their living room, then later buying something from them off eBay, and they don't ship it to you even though you paid.

    8. Re:Wow by hughJ · · Score: 1

      Rather fitting that the "Have you sold your souls to the EA devil?", was only confirmed by the Bioware mod by saying the 'EA umbrella' was responsible for the ban, and Bioware's hands are tied on the matter.

    9. Re:Wow by spire3661 · · Score: 1

      If you believe the principal of free speech as it relates to grievances against government should apply everywhere, well then you have ALOT of critical thinking to do. Free speech everywhere is fundamentally flawed and is about as viable in the real world as anarchy or pure unchecked democracy.

      EA doesnt work for you, they work to sell to your market segment, and as long as they can keep selling enough widgets to that segment, they really dont give a shit what you think. Expecting a private entity to have to PAY to store, maintain, and rebroadcast any and all lunatic ravings you may have simply because they sold you a widget is delusional, narcissistic and unproductive and above all, UNPROFITABLE!

      --
      Good-bye
  8. That was stupid of him by Drakkenmensch · · Score: 1

    If you're going to accuse a corporation of selling their souls to another corporation and imply that they are the devil... for god's sake don't do it on their own forum!

    1. Re:That was stupid of him by Conspiracy_Of_Doves · · Score: 1

      Still doesn't warrant not being able to play the game.

    2. Re:That was stupid of him by morcego · · Score: 2, Interesting

      Uncommon stupidity shloud be grounds for jail time.
      this guy got it easy,as far as I'm concerned.

      On a different note, although that was not proved, since he could not access the forum or download the game, there is a chance he would not be able to login if he had it installed.
      this kind of online authentication for a single player game is just wrong, regardless of anything else.

      --
      morcego
    3. Re:That was stupid of him by Dalzhim · · Score: 1

      Why not? It is customer feedback after all. It is basically saying: I like your company, but I dislike that other company. Please do not do business with them. :(

    4. Re:That was stupid of him by surzirra · · Score: 1

      EA comes across as thin skinned and thick headed.

    5. Re:That was stupid of him by Anonymous Coward · · Score: 0

      you should be in jail for being fascist garbage

    6. Re:That was stupid of him by Drakkenmensch · · Score: 1

      EA comes across as thin skinned and thick headed.

      A giant gorilla with an angry temper and thin skin is still a giant gorilla with an angry temper. Pissing it off to prove that you're within your rights can still get your spine snapped.

    7. Re:That was stupid of him by an+unsound+mind · · Score: 1

      It's also the *other company's* forum.

      That is, EA's forum.

    8. Re:That was stupid of him by stewbacca · · Score: 1

      Are you sure about that? Did you read the terms? If some legal-ese says "if you make bad comments about us on our forum, your game will stop working" and you clicked "I Agree", then what's the problem again?

    9. Re:That was stupid of him by Conspiracy_Of_Doves · · Score: 1

      If that were the case, then the problem would be that they are hiding bullshit in their terms.

    10. Re:That was stupid of him by stewbacca · · Score: 1

      Sorry, but you can't claim "hidden bullshit" in defense of not reading the lengthy bull shit that is in the TOS when you click "I accept". If it's right there in black and white, then you can't really claim it is hidden, now can you?

    11. Re:That was stupid of him by Howitzer86 · · Score: 1

      At least they arn't sueing him like McDonalds did in the "McLibel" case.

    12. Re:That was stupid of him by Conspiracy_Of_Doves · · Score: 1

      You said "what's the problem", not "what would their legal defense be".

  9. Not another misleading summary by Candid88 · · Score: 1

    I would say this story takes the biscuit for most misleading summary ever, but then again there are just so many misleading summaries on Slashdot these days.

    1. Re:Not another misleading summary by Mashiki · · Score: 1

      There's nothing misleading at all. The user got a 72hr ban. The user had already paid for the game. The user was not allowed to install the game, hence play the game. This is troubling, and it should worry you. That if you buy a product, and you get banned. You will be denied to your paid product.

      --
      Om, nomnomnom...
  10. EA by Anonymous Coward · · Score: 0

    Why do people still buy from this company?

    1. Re:EA by Seumas · · Score: 2

      Because people like to play videogames and Electronic Arts either puts out your favorite game, owns your favorite developer, is planning to own your favorite developer, or has an existing minority stake in your favorite publisher or developer. I mean, seriously, it's hard to come up with a list of great games that doesn't have a huge amount of EA representation. They're not even the only "evil" corporate game publisher/developer out there, so you'd have to boycott others in a similar situation. It'd be kind of like refusing to support Microsoft, Apple, and Canonical. There are still alternatives . . . but they're pretty limited.

  11. Violated Wheaton's Law, chose to be a dick by Rogerborg · · Score: 3, Insightful

    And bad things happened to him?

    Well, good. Dicks need a solid pounding from time to time, to remind them that throwing down has consequences online as well as in meatspace.

    If he's got a problem with it, he can sue them, which will just prove how much of a dick he really is.

    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:Violated Wheaton's Law, chose to be a dick by jidar · · Score: 1

      You should be able to express your opinion "That EA sold their souls to the devil" without losing access to the games you bought. A forum ban I could see, but this? Come on.

      --
      Sigs are awesome huh?
    2. Re:Violated Wheaton's Law, chose to be a dick by LateArthurDent · · Score: 1

      Well, good. Dicks need a solid pounding from time to time, to remind them that throwing down has consequences online as well as in meatspace.

      Being a dick says a lot about your character, but other than alienating yourself from people who don't want to be around dicks, it really should carry no consequences whatsoever. Hell, I think your comment is quite dickish, but I don't think you should be banned from posting to slashdot because of it, much less banned from using all the other Geeknet sites, like sourceforge. However, such a drastic move would be analogous to what happened to this particular guy.

    3. Re:Violated Wheaton's Law, chose to be a dick by LordLimecat · · Score: 1

      It DOES take a little nerve to insult EA, and then request EA to give you a game to download, please. Id hate for this to be policy, but perhaps the kid will learn a valuable lesson here.

    4. Re:Violated Wheaton's Law, chose to be a dick by dzfoo · · Score: 1

      You are able to express your opinion; just perhaps not on your subject's home. And even that you are able to do, it's just not necessarily a good idea.

      If I go to my neighbor's house and insult them in front of all their peers, should I be surprised when they kick me out and never invite me to dinner again? Nothing prevents me from doing it (except perhaps common decency and decorum, but this is Slashdot), but then I must deal with the consequence of my actions.

      I am also free to insult my neighbor's out in the streets or in the privacy of my own home, or at the super market, and avoid dealing with their scorn directly.

                -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
    5. Re:Violated Wheaton's Law, chose to be a dick by dzfoo · · Score: 1

      >> Being a dick says a lot about your character, but other than alienating yourself from people who don't want to be around dicks, it really should carry no consequences whatsoever. (emphasis mine)

      Oh gawd, not again. In Spanish we have a saying that, roughly translated, means "If my grandmother had wheels, she'd be a bicycle."

      The intended meaning is that, it doesn't matter how much you wish for something to be true, or how much you think it should be so, the real world has a tendency of existing without fulfilling your expectations.

      I'm sure some people think that performing any action should also come with no consequences whatsoever, or that everything should be free for anybody to take. However, that's not how the real world works, at least not the civilized world.

              -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
    6. Re:Violated Wheaton's Law, chose to be a dick by trollertron3000 · · Score: 1

      Wheaton's law? You mean Karma? I'm fairly sure that idea is as old as written language.

      --
      Tiger Blooded Bi-Winning Machine
    7. Re:Violated Wheaton's Law, chose to be a dick by LateArthurDent · · Score: 1

      >> Being a dick says a lot about your character, but other than alienating yourself from people who don't want to be around dicks, it really should carry no consequences whatsoever. (emphasis mine)

      Oh gawd, not again. In Spanish we have a saying that, roughly translated, means "If my grandmother had wheels, she'd be a bicycle."

      The intended meaning is that, it doesn't matter how much you wish for something to be true, or how much you think it should be so, the real world has a tendency of existing without fulfilling your expectations.

      I'm sure some people think that performing any action should also come with no consequences whatsoever, or that everything should be free for anybody to take. However, that's not how the real world works, at least not the civilized world.

              -dZ.

      I'm not sure I understand what point you're trying to make here. That there's a difference between something that "should happen" and "does happen"? I know that, and I chose the word "should" for a reason. That the real world doesn't behave like it "should"? I know that too, but the proper response to it isn't to ignore unfair events, it's to try to change the world. You're never going to reach perfection, but aiming for it is the only way to get closer.

      Maybe your point is that people believe unreasonable things, and that there should be more dire consequences to being a dick in a forum? I'm willing to entertain that, but you you haven't offered any arguments to support that particular position. As for harsh consequences in a "civilized world" the real question you need to answer is, "should the consequences for being a dick in a forum involve blocking access to something you have paid money for?" Because I don't think it works that way in the civilized world.

    8. Re:Violated Wheaton's Law, chose to be a dick by RobinEggs · · Score: 1

      I'm sure some people think that performing any action should also come with no consequences whatsoever...However, that's not how the real world works, at least not the civilized world.

      Actually, in this case, that is exactly how the real, civilized world works. He didn't take an "action", he made a statement, and those two are very different things in civilized countries. Very few things are forbidden to say in a truly civilized society, and criticizing the establishment is never forbidden in a civilized society, whether the means of communication is operated by the establishment of said society or not.
      I understand that actions have consequences, but in many important ways speech is not action.

    9. Re:Violated Wheaton's Law, chose to be a dick by Seumas · · Score: 2

      Boy, all those iPhone owners who had a bad experience under AT&T and voiced their concerns and complains better watch out. They might also learn the valuable lesson that you should keep your mouth shut and never be critical of anything, lest someone terminate your access to a service or use of an owned product.

    10. Re:Violated Wheaton's Law, chose to be a dick by Anonymous Coward · · Score: 0

      Dont you see that this is just a back end thing? He still has access to play the game, just not to use their services online. You might as easily complain that he should be allowed to use the forum and simultaneously express his opinion. Its the same thing.

    11. Re:Violated Wheaton's Law, chose to be a dick by derrickh · · Score: 1

      But it's not illegal to be a dick. You can be an asshole in Best Buy all day long to the point of being kicked out, but that doesnt mean Sony is going to come into your house and remove the TV you bought.

      Dont forget that the laws in the US aren't just for people you like. They protect people you don't like, too. And thats good, because there are people out there who don't like -you-.

      D

    12. Re:Violated Wheaton's Law, chose to be a dick by Anonymous Coward · · Score: 0

      And bad things happened to him?

      Well, good. Dicks need a solid pounding from time to time, to remind them that throwing down has consequences online as well as in meatspace.

      If he's got a problem with it, he can sue them, which will just prove how much of a dick he really is.

      I've got to agree; I'm less than completely worried because this might just mean that fewer people are total assholes on forums.

      That said, people being assholes is much less of a problem, generally, than people who are just stupid, and I doubt EA is going to start banning for stupidity.

    13. Re:Violated Wheaton's Law, chose to be a dick by whm · · Score: 1

      Did you read the link? It would be a stretch to say he was being a dick. According to the link he was banned for writing "Have you sold your souls to the EA devil?"

      I'd say that the response was very heavy handed.

    14. Re:Violated Wheaton's Law, chose to be a dick by Anonymous Coward · · Score: 0

      That's a horrible analogy. It would be more like if you had bought something from your neighbor, insulted them, and then had them break into your house and take the thing you had bought from them back.

    15. Re:Violated Wheaton's Law, chose to be a dick by Patersmith · · Score: 1

      I think you're trolling. But in case you're not, a car analogy.

      If you buy a car from someone and, after the transaction is finished, you turn and say to him, "by the way, I think you're the biggest asshole I've ever met," he doesn't then get to keep your money _and_ take his car back. Not even temporarily as unilaterally imposed penance for the buyer being rude in the sole opinion of the seller.

      In fact, I'd be tempted to file a complaint with the credit card company and attempt a chargeback.

      This sort of nonsense is exactly why I've cut way back on my games purchases and avoid EA like the plague. They are pure unadulterated evil and have, indeed, sold their corporate soul to the dark one.

    16. Re:Violated Wheaton's Law, chose to be a dick by bluechipps · · Score: 1

      If you buy a car from someone and, after the transaction is finished, you turn and say to him, "by the way, I think you're the biggest asshole I've ever met," he doesn't then get to keep your money _and_ take his car back.

      Unless you signed an agreement that says he can, right?

    17. Re:Violated Wheaton's Law, chose to be a dick by Anonymous Coward · · Score: 0

      I like your point of view and wish to subscribe to your news letter.

      A banning from /. should make it so you can not use the internet, yes?
      Complaining about gas prices on Facebook should get your picture posted and future refusal to be sold gas at stations too.
      You want to show the power company a big finger by installing solar panels? Well they don't have to supply you when you don't generate enough for yourself.

    18. Re:Violated Wheaton's Law, chose to be a dick by Patersmith · · Score: 1

      Terms like that are generally considered unfair and unenforceable, and could render the entire contract null and void. You could sign a contract that gave a person the right under certain conditions to take your children but that wouldn't be enforceable either.

      Contracts are not laws.

    19. Re:Violated Wheaton's Law, chose to be a dick by The+Great+Pretender · · Score: 1

      I'm torn on this one as I am for one being able to do what one wants with a product if no one else is affected, but I'm also really at my limit with online prickishness. So part of me says that this is clearly overreaching on BioWares part, but the larger part on me says good, perhaps he'll learn some manners and it's sad that BioWare has to be the parent, whether he's 14 or 40, and teach him about being civil in society. I'm trying to think about it with a slashdot car analogy; someone cut's me off I'm the first to want the car taken away from them, then they couldn't drive their car on a private track. Who's fault is that? - Haven't quite rationalized the punishment yet though.

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    20. Re:Violated Wheaton's Law, chose to be a dick by Anonymous Coward · · Score: 1

      Dicks need a solid pounding from time to time? There was really no other way to phrase that?

    21. Re:Violated Wheaton's Law, chose to be a dick by Anonymous Coward · · Score: 0

      Purchased via retail: Pay me for the product and I'll give you the product. Bitch at me and I'll throw you out.

      Purchased via digital distribution: Pay me for the product and I'll give you the product. Bitch at me and I'll take the product back from you and THEN throw you out.

      See the difference?

    22. Re:Violated Wheaton's Law, chose to be a dick by Zorque · · Score: 1

      "Dicks need a solid pounding from time to time"

      I'm going to try as hard as I can not to come up with a juvenile response.

    23. Re:Violated Wheaton's Law, chose to be a dick by Anonymous Coward · · Score: 0

      You know, before this slashdot post I thought EA were at least ok, and would have ignored the guy as just being a troll. Well he's no longer a troll because they proved his point.

    24. Re:Violated Wheaton's Law, chose to be a dick by ArsonSmith · · Score: 1

      My father just use to say, "Why don't you wish in one hand and shit in the other and see which gets full first."

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    25. Re:Violated Wheaton's Law, chose to be a dick by ArsonSmith · · Score: 1

      If you don't wish to associate with dicks, you avoid them right?

      Well, EA decided they didn't want to associate with this dick anymore.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    26. Re:Violated Wheaton's Law, chose to be a dick by Anonymous Coward · · Score: 0

      Why is this insightful?
      From what I can tell, he said something about "selling" a "soul" to the "EA devils".
      You're saying if I chose to say something like that to you in "meatspace", I would be a dick that deserved a "pounding"? (...Just curious, are you one of those guys that claims to have beaten up the jocks in high school?)
      By the way, a "solid pounding" IS "throwing down". Unless you were brought up swaddled in fucking baby-clouds, throwing down is not saying something inflammatory, it's physical violence. You can't "throw down" on the internet. All you can do is say something other people don't want to hear.

      So you're saying that someone deserves physical violence for saying something inflammatory, to remind them that physical violence has consequences in the real world?

      Your reasoning is idiotic, and I would love to say that to you in "meatspace" and get the pounding I deserved from you. I would then love to sue you to prove to you how much of a dick I am... Fucking blow-hard.

      Captcha: dispute

    27. Re:Violated Wheaton's Law, chose to be a dick by LateArthurDent · · Score: 1

      If you don't wish to associate with dicks, you avoid them right?

      Well, EA decided they didn't want to associate with this dick anymore.

      That's fine and dandy, but that's not all they did. If I sell a product to someone, and then decide that that someone is a dick, I can't demand that he can no longer use the product I sold him. It's even more wrong to do that without giving that person a refund.

      This isn't about banishing him from the forum and the store. It's their forum and their store, it's hard to argue against that. The problem is that the consequences of banning him from the forum and the store was the inability to use a product he gave EA money for.

    28. Re:Violated Wheaton's Law, chose to be a dick by ArsonSmith · · Score: 1

      Except it was a product, it was a license. A revokable license. I'm pretty sure this is an exact example of why the GPL and copyleft is so important.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    29. Re:Violated Wheaton's Law, chose to be a dick by LateArthurDent · · Score: 1

      Except it was a product, it was a license. A revokable license. I'm pretty sure this is an exact example of why the GPL and copyleft is so important.

      At the very least it's an example of the evils of DRM. This is why legitimate customers should be wary of software that needs to phone home to work. It places you at the mercy of the company in question. Meanwhile the pirates don't have to deal with these problems.

  12. Have you sold your souls to the EA devil? by Anonymous Coward · · Score: 1

    That was the inflammatory statement.

    It was judged to be a prejudiced statement that maligned malevolent superbeings by unfairly associating them with EA.

    I say that kind of statement should be banned and that Beelzebub is owed an apology.
       

  13. I was going to buy this game. by Anonymous Coward · · Score: 0

    This is going to sound like sour grapes and a bunch of BS, but I was seriously 100% going to buy DA2 today. Now I'm going to download it instead.

  14. Specific case aside, this is a fascinating concept by Anonymous Coward · · Score: 0

    Let's make a bold assumption for the sake of argument. Assume that 10% of online gamers act like assholes if they are never punished, but will be nice gamers if they are briefly punished. .01% of gamers are plain old assholes.

    We all know that asshole gamers ruin online games. In FPS, it is the Team-Killer, in RPGs it's the Ninja or the Leroy Jenkins, in any game on XBL it is the hate-filled bigot that yells at anyone. A simple 24 hour ban is good enough to convert the 10%. However, the .01% will just exist to destroy your experience.

    Should the game company take the time to ban assholes, just like they approach modders and other cheaters? Should a publisher ban them from Every game, just for acting up in one game or an online forum? One could argue that banning the assholes greatly improves the online experience for everyone else. IMHO, I would pay extra for a game that didn't have a bunch of assholes ruining my experience.

  15. Well... by gandhi_2 · · Score: 2, Interesting

    ..In a world where it is ok for a restaurant to refuse to serve any TSA agents and your employer can fire you for burning a koran on your own time, why *can't* a game company revoke service from a troll?

    I think all three are really shitty, but chances are most people only disagree with 1 or 2 of the above and those are the people who make it all possible.

    1. Re:Well... by TheGratefulNet · · Score: 1

      which restaurant is that? I'd like to patronize them!

      --

      --
      "It is now safe to switch off your computer."
    2. Re:Well... by Sprouticus · · Score: 1

      There is a huge difference between all 3 (assuming your post is accurate, citation would be nice).

      1) Refusing service has always been an option. The only things we have said you cant refuse service for is age, race, and disability.
      2) This is a disgusting practice which is legal in some states. I agree it is absurd
      3) The difference here is he PAID for the product in question. This is a SINGLE PLAYER GAME, not a service.

    3. Re:Well... by Riceballsan · · Score: 2

      Refusal of service is one thing, however it is generally required to refuse service, to do it before collecting the money. I mean if this were a physical store, someone walks in and asks to buy a game after ticking off the manager, the manager can send him out of the store immidiately that is perfectly find, or the resteraunt can kick the TSA agents out of the resteraunt that is perfectly legal. However in this case it's like the resteraunt seated the TSA, took their order, took their money and then kicked them out of the resteraunt without delivering anything.

    4. Re:Well... by Anonymous Coward · · Score: 0

      ..In a world where it is ok for a restaurant to refuse to serve any TSA agents and your employer can fire you for burning a koran on your own time, why *can't* a game company revoke service from a troll?

      I think all three are really shitty, but chances are most people only disagree with 1 or 2 of the above and those are the people who make it all possible.

      It's quite simple really. A restaurant can deny service to someone, but in doing so they don't receive any money from that person. Your employer (in many states) can fire you at any time for (almost) any reason. But they are still required to pay you for the time you worked for them. The guy in the article paid EA for a game, which they then denied him, without refunding his money. It would be perfectly acceptable for EA to deny him future service, but they are still liable for delivery of products already sold.

    5. Re:Well... by TheGratefulNet · · Score: 2

      thank you!

      short quote:

      Although I do not hold TSA agents in high regard (because they have chosen to aid and abet in eroding civil liberties in the United States), I do not dislike any TSA agents personally. More so than anything, I pity that they must come to work and play a game of charades each day. But I associate the TSA with corruption, incompetence, and un-Americanism. Looking at it through that perspective, I cannot blame the restaurant owner for choosing the course of action he has embarked upon.

      right on!

      this is a sign of the american people (some of them, anyway) exercising their right to vote with their wallets. or better, turn AWAY wallets if they are from 'bad people'.

      and yes, when you sell your own country out, you are a bad person. TSA people are anti-american when they go to work each day and stomp on our civil liberties.

      --

      --
      "It is now safe to switch off your computer."
    6. Re:Well... by LordLimecat · · Score: 1

      I see no reason why being able to refuse to serve customers is a bad thing.

    7. Re:Well... by causality · · Score: 1

      Refusing service has always been an option.

      Refusing service is fine. Taking my money and then refusing service is not.

      And that's really what this is all about.

      --
      It is a miracle that curiosity survives formal education. - Einstein
    8. Re:Well... by vcgodinich · · Score: 1

      is downloading the game from them whenever you want (which is what he was banned from) a service? because. . . it -seems- like one.

    9. Re:Well... by Anonymous Coward · · Score: 0

      IIRC, it later turned out they were just trolling for publicity.

    10. Re:Well... by G00F · · Score: 1

      I too would like to visit any restaurant that refused to serve TSA agents. Unfortunately it seams only a single cafe is doing this.

      http://consumerist.com/2011/02/seattle-area-restaurant-wont-serve-tsa-agents.html

      --
      The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
    11. Re:Well... by Patersmith · · Score: 1

      The first one never happened and the second is suing for reinstatement based on violation for his civil rights. He'll win, too.

      But while while we're playing "bad argument by analogy" let me have a go and maybe give you a better one. Even a fictional restaurant that may refuse to serve TSA agents can't take a person's money and *then* throw him out without delivering the product that was fairly paid.

      That kind of underhanded tactic deserves harsh punishment. EA needs to be called to the carpet for this one.

    12. Re:Well... by Anonymous Coward · · Score: 0

      No restaurant. It was a hoax. It was supposedly a cafe near SeaTac Airport south of Seattle, but after several days of trying to find this restaurant to no avail, the Seattle media determined it doesn't exist.

    13. Re:Well... by Roogna · · Score: 1

      The difference is, that EA accepted his money apparently.

      You can refuse to do business with a potential customer, but you can't take their money, then refuse to do business with them. By accepting their money you've already then agreed to do at least that particular exchange.

    14. Re:Well... by Anonymous Coward · · Score: 0

      I would say you "pay" for the "priviledge" of the TSA groping and fondling you also

    15. Re:Well... by Anonymous Coward · · Score: 0

      TSA agents... Those people who grope kids all day and shoot porn of them in those huge machines? We don't call them TSA agents in the rest of the world, but restaurants also refuse to serve them.

    16. Re:Well... by cbhacking · · Score: 1

      The first is generally publicly posted along the lines of "we reserve the right to refuse service to anyone" and doesn't mean that they're allowed to take your money and then not provide the service, which is what happened here. If you get kicked out of a place they aren't going to charge you.

      Do you have any references for the legality of the second? Doing it on your own time is neither criminal nor legal excuse for termination under any legal jurisdiction I'm aware of in the United States, although I hardly pretend to know them all. That said, doing things like publicly posting the pictures around the workplace and refusing to remove them (to fabricate an example) would almost certainly constitute harassment on religious ground, and that *is* grounds for termination, at least in Washington state. Clearly some more details are required.

      --
      There's no place I could be, since I've found Serenity...
    17. Re:Well... by Anonymous Coward · · Score: 0

      Except it's not a service. It's a full blown single player game. That's like buying a medicine from the only pharmacy in town, where the owner is an asshole, posting on the forum page of the store to say you hate their customer service, and them coming into your home and taking the medicine back from you.

    18. Re:Well... by AK+Marc · · Score: 1

      There's nothing wrong with refusing to serve customers. What you can't do is take their order, have them pay in advance, then throw them out without delivering the order or returning their money.

    19. Re:Well... by thegarbz · · Score: 1

      You can. But you enter into a contact when you purchase something. That contract can't simply be dropped in place. In this case The TSA agents have already paid for their food before they were refused service.

      EA doesn't need to let him play. They don't need to unban him. But if they don't then they must return the money.

    20. Re:Well... by Anonymous Coward · · Score: 0

      The restaurant owner doesn't let TSA agents order and pay and then doesn't give them their food; the employer doesn't let the koran-burning employee work the rest of the month and then doesn't pay him.

    21. Re:Well... by Blue23 · · Score: 1

      ..In a world where it is ok for a restaurant to refuse to serve any TSA agents and your employer can fire you for burning a koran on your own time, why *can't* a game company revoke service from a troll?

      I think all three are really shitty, but chances are most people only disagree with 1 or 2 of the above and those are the people who make it all possible.

      If you've taken my money to provide me a product, and then don't deliver the product, you're guilty of theft, fraud, or something. If you aren't going to delever the product because you don't want to do business with me, give me my money back.

      Anyway, I don't want to live in a world where it's okay for a restaurant to discriminate against who it serves for where they work, or for employers who can do anything for what you do when not on the clock. Nor for companies that "sell" me something but still try to control it, including saying that I can't play it.

      --
      LITTLE GIRL: But which cookie will you eat FIRST? C. MONSTER: Me think you have misconception of cookie-eating process.
  16. charge back time by Joe+The+Dragon · · Score: 1

    charge back time

  17. Thanks for posting by Gorath99 · · Score: 1

    Thanks for posting this story. This issue doesn't affect me, as I don't use EA forums, but it is still something that I find completely unacceptable. I've bought (yes, with money) every RPG Bioware ever released for the PC (and I think I also have a copy of Shattered Steel), but combined with the emphasis on DLC (which requires logging in) in recent titles, this means I will not be buying (or pirating) DA2.

    (Apologies for all the parentheses. I'm in the middle of On Lisp.)

    1. Re:Thanks for posting by nschubach · · Score: 1

      Your indentation is all wrong though! ;)

      (Actually, I never liked the commonly accepted Lisp indentation. I like closing in the same column on a new line as the open, not at the end of indented code.
            (with the exception of single line/short commands)
      )

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
  18. Oops! by Greyfox · · Score: 1

    Turns out there are consequences to your speech. More so when you're using something you don't own. Arguably you don't really own anything. If the right person decides they want your stuff, they'll just take it. Technology is just increasing the pool of people who can.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  19. Sweet by Anonymous Coward · · Score: 0

    More justification for torrenting.

  20. Another happy pirate by Anonymous Coward · · Score: 0

    So another consumer will learn how piracy is done, and will not buy their next game. You just shot yourself in the foot, EA.

  21. Pinch me? by Anonymous Coward · · Score: 0

    Hello, I have just woken from ten years in cryogenic slumber and I think my hearing must be a little out of whack. Can you please repeat what you said to me, it sounded like "some guy bought a single player game to play on his home computer and because his internet was out (or something else having the same effect - actually I thought you said a game company took his money then used the internet to stop him installing the game he just paid for, but that can't be right), he wasn't able to use his *single player* game that would run wholly on *his *own* home computer*"? I seem to remember hearing something about massively internetable rolypoly games (not sure if that's right either, the pre cyro drugs were pretty hardcore) not long before I snoozed off, but this isn't one of those is it?

    If its a game he's paid for and wants to play on his own home computer, where's the beef? (Or WTF? (overheard that one in a conversation between a couple of the techs waking me up, did I get the context right?))

    1. Re:Pinch me? by Seumas · · Score: 1

      I can clarify it all rather simply, for you.

      he wasn't able to use his *single player* game

      is actually:

      he wasn't able to use EA's single player game

    2. Re:Pinch me? by Anonymous Coward · · Score: 0

      Ah ok thanks :) Thought money changing hands typically suggested an exchange of property (or maybe services). Shit. I have got some catching up to do :(

    3. Re:Pinch me? by twidarkling · · Score: 1

      No, he bought a game, and due to his internet being out, he couldn't install it. That's the equivalent of the story here.

      --
      Canada: The US's more awesome sibling.
    4. Re:Pinch me? by Seumas · · Score: 1

      No, when it comes to movies, music, software, books, and even a lot of hardware (PS3, etc), you exchange money for a license. If you also have some sort of physical items involved, the license describes in what ways you can use the item and under what conditions use of that item can be revoked. Of course, this only works in the creator's favor and never yours. For instance, you are licensing content. Just because you own a CD doesn't mean you own the music on it. You own the physical CD, but are provisionally allowed by the license to use he music which is on it. If that CD is lost, you have to buy that physical CD again to have a license to listen to that music. Even though you are licensing the CONTENT and not the MEDIA, they'll never, say, give you access to the media without paying for it all over again.

      That's one of the reasons I hate iTunes so much. There is no physical item involved. Just a license to listen to the music. But you can only ever download it one time. If something happens to that, you have to buy the license all over again. For an item that doesn't actually exist anywhere to begin with. Kind of absurd.

    5. Re:Pinch me? by Anonymous Coward · · Score: 0

      Thanks. That kinda sucks. Think I'm going to hit the sack for another few decades. Nice meeting you though, I'll say hi to your kids when I get up next.

  22. On the other hand... by Tarlus · · Score: 1

    ...never thought I'd see someone suffer actual consequences for being a jerk on the internet. Maybe a sign of changing times?

    --
    /* No Comment */
    1. Re:On the other hand... by stewbacca · · Score: 1

      Yes, this! If stupid behavior had real consequences, like, I dunno, disallowing you to play a game you paid for, maybe stupid behavior would be less prevalent.

  23. Dispute the charge by Anonymous Coward · · Score: 0

    If he purchased the game from an online store he likely used a credit card to purchase it. I would call my credit card company and dispute the charge on the grounds that the merchant is not allowing you to use a product you purchased. Bioware had little issue taking money from them, and if they don't want him playing their game due to an "inflammatory" forum post they should refund him his money.

    I'm curious what exactly was said.

  24. this happened to me by fuckamonkey · · Score: 1

    I had a similar experience with Steam and Fallout: New Vegas. I posted on Steam forums complaining of the difficulties I was having with Steam not letting me play my game in single player mode. My internet connection was down at the time, and Steam locks you out of your game if you aren't connected to the internet. My post was deleted for "discussing piracy". I created a new post and removed all references to piracy, but this post was also deleted. I then discovered that I had been banned from the forums, and my license key had been invalidated. I could no longer play the game that I had paid for. After receiving no real response to numerous emails to Steam and Bethesda I gave up. These companies do not have easily discoverable customer support lines, so there was no one to call. Needless to say, I pirate all my games now.

  25. Really don't like this trend by Paspanique · · Score: 3, Interesting

    I was also banned from my steam account because paypal choose a transaction I've made with Valve to check my identity. Their system was faulty and after confirmation(Phone calls to land line and CC verification), It took several phone calls & more than a week of back & forth to get everything in order.

    Mean while, I lost access to all the games under my Steam account because Paypal stopped 1 payment & I had this account for 4 years. I had almost 20 games in my Library & couldn't play them until paypal released my money. Sure, I understand they wanted to be paid, but having total control over 20 of my games is really frightful.

    It took me almost 2 years before I bought another steam games & honestly, if I can avoid using this kind of system, I will. I rather have a boxed DVD than letting someone have total control over something I paid for... I mean it's not like I don't know how to get the games for free...but I don't pirate because I feel it's wrong, and this is how they thank you... Anyhow

    --
    I don't have an intelligent phone, so I need to be.
    1. Re:Really don't like this trend by nschubach · · Score: 1

      From what I understand about this game though (I do not have it, but reading through posts) you cannot install it even if you had the DVD because the installer verifies that you do not have a pirate copy by logging you into EA.

      In this case, even if you did have the fully legal copy of the game you could not install it. I imagine there's a pre-game log in as well (Dragon Age: Origins had one.)

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    2. Re:Really don't like this trend by Anonymous Coward · · Score: 0

      nobody should ever use paypal. please don't make that mistake again.

    3. Re:Really don't like this trend by Anonymous Coward · · Score: 0

      I imagine there's a pre-game log in as well (Dragon Age: Origins had one.)

      Really? Dammit, I was on the cusp of buying DA2. Now I'm not so sure...I really don't like the idea of having to beg for permission to play it whenever my config changes or I need an OS re-install, and don't want to have an unplayable game whenever the vendor suddenly decides it's no longer worthwhile to continue the login service, and now from this it would seem I cannot even publicly complain about it except anonymously..

    4. Re:Really don't like this trend by Eric(b0mb)Dennis · · Score: 1

      This happened to me... except I didn't have the happy ending.

      I was given a gifted game on Steam.. This game was Left 4 Dead 2.. it was on sale for $5 and a friend gifted it to me.

      Turns out, this 'friend' was part of some credit-card theft ring online, and he was found out... the next day my steam account is banned/locked.

      Thank god it was my alternate steam account, but I still had a fair number of games on there that I can no longer access... inlcuding Modern Combat 2, Battlefield Bad Company 2,(It was my Online FPS account, that I would share with others in my house)

      I basically LOST the entire purchase price of all these games, because steam decided that getting a gift that was bought with a stolen credit cards means you're a bad bad person.. they couldn't just take access to the game in question.. NO. they had to ban my entire account

      Fuck steam

      --
      Excuse me, I don't mean to impose, but I am the ocean
    5. Re:Really don't like this trend by Paspanique · · Score: 1

      Yup, that's the other thing I haven't used since..

      --
      I don't have an intelligent phone, so I need to be.
    6. Re:Really don't like this trend by Duradin · · Score: 1

      Was it a 'friend' or a friend? You weren't consistent with your quotes.

      There's a difference between "My 'friend' gave this to me after it 'fell off the back of a truck'." and "My friend gave this to me after it fell off the back of a truck."

      As far as Steam was concerned you received stolen property and were a part of a credit card ring. I don't use Steam so I'm only assuming you had to actually accept the gifted program and not just have it auto-magically appear on your play list. I'd accept a gift from a friend if I was expecting it but never from a 'friend'.

    7. Re:Really don't like this trend by Sabriel · · Score: 1

      Either way, if a friend gives you a tv that turns out to be stolen, and the police show up to reclaim it, the police aren't allowed to take your house as well.

    8. Re:Really don't like this trend by Anonymous Coward · · Score: 0

      Thank you for making this contribution to my Anecdotal Knowledge Library.

  26. Lost sale by Anonymous Coward · · Score: 0

    I was considering buying Dragon Age 2... I guess I'll wait another year.

  27. Reminder by UninformedCoward · · Score: 4, Insightful

    Dear Bioware,

    Thank you for reminding me of your DLC centric business model. You have again shown that a pirated version of your software is superior than that of the product offered in your online store. I hope you enjoy alienating your paying customers.

    Sincerely,
    UC

    1. Re:Reminder by RenHoek · · Score: 1

      I agree with you.

      It seems to simple and logical. "Give customers a better experience then pirates". But they fail again and again, only to exclaim "Oh my, our sales are down. It's due to piracy!" and "We're only going to release games on the consoles because they don't get pirated!"

      And the console get user-friendly games. So they sell well. The industry is getting the correlationcausation link all wrong again.

      And then when you _do_ buy PC games legit, you get:
      - Maximum number of activations (e.g. Spore)
      - Bug riddled products (e.g. C&C Generals)
      - Never any patches being released for said buggy products (e.g. C&C Generals)
      - Game online play being shut down when a new version is released (e.g. Madden)
      - No access to DLC the consoles do get (e.g. Dead Space)
      - Single player games that need an activation server just to install (e.g. Spore)
      - Copy protection schemes that either crash my PC, make it insecure or just don't work (e.g. Sony rootkit)
      - Can't resell my games anymore with all this online account bullshit (e.g. World of Warcraft)
      - Consolitis. We have more options then console users, let us use them! (e.g. Bulletstorm)

      So why the hell should we PC users still keep buying games? A pirate can at least say it didn't cost him a penny.

      The industry needs reform and it needs it badly.

      P.S.

      I hate Electronic Arts.. I still haven't forgiven them for so blatantly fucking over their customers. Three hour multi-player game of C&C Generals, building up your units, and then when you want to start kicking your opponent: 'Synchonization lost!' Without, say, "Re-establishing sync, please wait 30 seonds". No, you just got fucked. Well, fuck you back EA! I'm never buying a product from you again.

    2. Re:Reminder by Seumas · · Score: 1

      I'm definitely tired of having to remember countless sets of credentials across every publisher and distributor and developer out there, due to the need to register games these days. Even on consoles! And it gets even worse when it comes to DLC. The processes and methods seem so haphazardly slapped together that you can't be assured they'll even be accessible a year or three down the road, or if your content will vanish into the ether. One of the worst offenders seems to be Ubi (of which EA owns a stake). Every time I play an UBI game, it wants my UBI login, which I can't fucking ever remember for the life of me. Especially if it's a game I'm sitting down to play on the damn *console*. Not to mention the way they attempt to lock all of this stuff down to ONE account. No more buying a game so you and your sibling can play it. Or buying one game for you and your housemates to play it. Nope. Got four gamers living in an apartment? Buy four copies.

      Anyway, I posted this in the Dragon Age 2 discussion on Slashdot this week and thought it might be worth copying it here, too:

      ====================
      Pre-load.

      Decrypt.

      Launch.

      Configure.

      Click "register on bioware's website to get full access to content".

      Once I was on the bioware site, I had to hunt down what my login credentials for their site were.

      Once I had the login credentials and logged in, I had to enter a code to register the game and unlock the content.

      The key didn't work.

      I went to the Steam forums and looked for a thread that discussed the same thing, which explained which of the several keys/codes were actually needed.

      Went back to the bioware site and entered a key. Waited for it to activate it.

      Did the same thing with the second key.

      Launched the game again.

      Didn't want it running in the default "windowed full screen" mode and set it to "full screen".

      When it asked me to confirm to keep settings (with a countdown timer), it didn't show a cursor, so I had to wait out the timer and do it all over again. This time it showed the cursor and let me commit the changes.

      The game notified me that it had lost connection with the bioware servers and that I would not have access to certain content, until it was connected again.

      I opened up the "DLC" section in the game and none of the content I just entered the serials to receive appeared.

      Launched the game and began to play it, before I decided I wasn't in the mood for having cut-scenes every 45 seconds and quit for the time being.

      Found out about the PC texture pack and clicked the link.

      Took me to the bioware site, where I had to login again.

      Downloaded the 1gb installer.

      Ran the texture installer.

      Launched the game again.

      Went to Options/Settings=>Video=>Selected "high-resolution textures".

      Went back to the DLC section. DLC still isn't there.

      Clicked on the button to view DLC on my account, which took me back to Bioware's site again, but just showed me two items I already received with the purchase that said "buy now".

      Clicked on Profile=>My Registered Content on the website.

      Took me to a huge list of my registered content, which shows it for every platform (each console, to

    3. Re:Reminder by UninformedCoward · · Score: 1

      Welcome to EA gaming. Here are my steps for anything EA.
      =================

      Read "EA" on box (or site)

      Put box down and walk away (or navigate away)

      =================
      Been burnt by this company too many times.

    4. Re:Reminder by UninformedCoward · · Score: 1

      I may be a minority w/ this thought process, but if I get screwed over by a company once, I'll never buy from them ever again. I can understand if you make a mistake, or your webcode is bugged but if you go out of your way to ruin my experience for profit pushing shareholders then I could care less for your product. I feel bad for Bioware, I really do. I know their policy was not this bad before the EA acquisition but I agree w/ the banned user; they sold their soul to the EA devil. When Bioware was not EA, I remember having lost a Neverwinter key and when I emailed them of the issue, they simply gave me a new one. Try doing that w/ EA...

      Thank you for dredging up horrible memories of past EA incompetence. I agree w/ the list w/ the exception of online accounts. WoW and other such online accounts can be resold and often add value to the particular account. Now if you were to say something like the Mass Effect online account, then yes, that setup was beyond terrible and seems non-transferable.

      UC

    5. Re:Reminder by Beelzebud · · Score: 1

      I wonder if it ever occurs to these business genius type people that this sort of behavior actually creates pirates.

    6. Re:Reminder by Duradin · · Score: 1

      It creates "reasons" for pirates to "justify" their actions. Pirates gonna pirate, matey.

    7. Re:Reminder by TheSpoom · · Score: 1

      I don't even have to go looking for reasons to avoid Bioware or EA products nowadays, I just read the stories on Slashdot every ~6 months.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    8. Re:Reminder by Dhalka226 · · Score: 3, Insightful

      Not entirely true.

      This guy obviously had a legitimate copy, since his game copy was tied to his forum account. Now it no longer works. Do you believe he's going to go "shucks, I shouldn't have done that. Here's $60, may I have another copy please?"

      No. At best, he goes "fuck it and fuck you, I'm done with your game." More realistically he goes out for ten seconds of Google'ing, finds a crack and continues on his merry way. Turning a paying customer into a pirate. What he does about Dragon Age III (or whatever) is certainly up in the air. If I were him, I wouldn't give them another dollar of mine. Of course, I might stil want their game... I wonder if there's any solution to wanting to play a game without paying the creator?

      Not to mention, of course, how he reacts with his friends who might be intersted but not have bought the game yet. "Yeah guys, I have a cracked copy right here, just give me a blank DVD."

  28. Re:Bad summary/nothing new by stealth_finger · · Score: 1

    It's long since been established if you get banned from the bad co 2 forums you get banned from the servers for the duration IF your EA account is linked to your gamertag or psn id. Dragonage was shit anyway and the demo for 2 was just prettier.

    --
    Wanna buy a shirt?
    https://www.redbubble.com/people/stealthfinger/shop?asc=u
  29. Ya this is a bit different by Sycraft-fu · · Score: 1

    Now while they maybe should look at separating forum bans from over all account bans, still this is a rather different situation than "They banned him from the game." No, they banned him from their site. Now he'd bought the game from their site, but not yet installed it. That did mean that he couldn't install the game. However that is not the same as taking away the game from him. Had he bought the game elsewhere, like Impulse, Steam, or a retail store, there would have been no effect.

    I've got to back up EA on this. You need to have a right to ban people from your online services. Otherwise you have a situation where someone could pay for something, and then do abusive, or even disruptive (like hacking/DDoS) things and you couldn't ban them because they'd paid.

    Only thing I would say is that had the ban been permanent they would have had a duty to either refund his money or send him a physical copy of the game or something.

    Basically with services, you do have a duty to hold up your side of things and if you don't they have to be able to terminate the relationship. You cannot require that people provide you service, even if you are a problem.

    And really, this is just a lesson in life: Actions have consequences. You cannot just be an asshole and expect that everyone has to keep being nice to you. Go in to a physical store and start screaming about how evil they are, they'll toss your ass out and ban you from coming back, they can do that.

    1. Re:Ya this is a bit different by DavidTC · · Score: 1

      Yeah, this is like if he went into a store, and bought a refrigerator or something he couldn't carry out, but planned to come back later for with a truck, and then as he was leaving after paying, he acted like an ass and got thrown out. (To be fair, he actually went to the park next door and started acting like an ass, but that park was owned by the store and he got thrown out of both.)

      He's lucky they have a 24 hour ban on him instead of just permanently banning him from their property and refunding his money and telling him to take a hike. (Because they are sole supplier of that sort of fridge, I think.)

      I agree that he should be able to get his money back if the thing won't activate, on purpose. In fact, I think anyone should be able to get their money back before activation. But that's not related to the issue here, which is that stores really can throw people out, even if they've already purchased something and are incapable of carrying it.

      And the person can demand that such a thing get returned to them...eventually.

      Hell, they actually can throw you out and keep you away from your stuff even if you didn't purchase it there. You behave badly enough at a mall, you'll get escorted off their property...even if you drove there. You've got to send someone else for your car, or demand they tow it to where you can get to it.

      But you probably can't demand that it get returned immediately if that's impractical in any way, and not, say, a bag sitting over there by the wall. You can't demand they carry your fridge to your house. 24 hours is fine.

      If you don't want to wait 24 hours for stuff, then don't own stuff located where other people can deny you access to it, and if you do, don't fucking piss them off badly enough to be throw off their property so you can't walk in and get it.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  30. Re:Specific case aside, this is a fascinating conc by Seumas · · Score: 1

    How is some guy playing a single player game ruining your experience?

  31. Contrary to what Kotaku claims... by Takionbrst · · Score: 1

    I can have complete control over a video game in 2011. I simply have to torrent it illegally from a plethora of sources and install a crack. I thought maybe the uproar (and subsequent spike in pirating) over the Assassin's Creed DRM would have shown developers that sometimes excessive control can backfire. Quoth the Princess Leia: "The more you tighten your grip, Tarkin, the more star systems will slip through your fingers."

    1. Re:Contrary to what Kotaku claims... by rnideffer · · Score: 0

      I do this quite a bit with the games I own, so that I don't have to play with the CD in the drive.

  32. Finally by Faynor · · Score: 1

    Finally, ramifications for ones behavior in this internet world of anonymity.

  33. call the waaambulance by Grelfod · · Score: 1

    Its just too bad. Maybe if he was not a jerk wad he would not have this problem!
    So whats the real news here? Some guy (the jerk wad) can't act civil and his mommy isn't there to spank him so someone else (the game company) has to punish him...
    I say good.
    Forums have too many trolls (and jerk wads) its about time some consequences are put down.

    --
    If bars don't serve drunk people, then McDonald's shouldn't serve fat people...
    1. Re:call the waaambulance by Stormy+Dragon · · Score: 5, Insightful

      Did you actually read the comment that got him banned? All he said was, “Have you [meaning Bioware] sold your souls to the EA devil?”

      The idea that sort of innocous criticism warrants a ban is ridiculous. Heck, on that basis, you outta be banned Slashdot.

      Ironically, based on the response, the answer to his question is apparently "Yes."

  34. keeping his money is like stealing by Anonymous Coward · · Score: 0

    Sure, go ahead, "ban a dick", but you have to give him his money back

  35. Have you sold your soul to the EA devil? by Anonymous Coward · · Score: 0

    Read the subject. That is word for word what he posted. There is no way to defend EA's actions and not sound like a worthless piece of shit. Pretty fitting the captcha is Bullied since that's all they are doing to this guy.

  36. As long as you do so before taking the money. by Anonymous Coward · · Score: 0

    As long as you do so before taking the money. It's not nice to take the money and THEN refuse service.

  37. Not quite by geekoid · · Score: 1

    It's more like the TV won't turn on because of something you said about the delivery company.

    It's not like the promised delivery and then there was some unforeseen circumstance that delayed delivery.

    No, you are being stubborn if yo can not see that the bottom line is:
    He was banned from a forum and the result from that is that he can not play the game he bought.

    And I highly doubt it's a bug since this was a stated 'feature' when BioWare introduced it.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  38. rage all you want by argStyopa · · Score: 1

    ...but the only way it's going to matter is if it impacts the bottom line.

    If you don't like it, don't buy it. Or take the game back.
    If gamestop goes back to EA and says "yeah, we had 66% returns, many commenting that the ability to ban someone from playing what they bought for unconnected behavior" then EA might care.

    But raging in an internet forum? Meaningless.

    Personally, the repeated 'online validate' for a single player game long since drove me away.

    --
    -Styopa
  39. Karma by cdpage · · Score: 1

    nothing more.

  40. If only... by zieroh · · Score: 1

    Am I the only one who, upon reading the summary, immediately wished that we could apply that to other forums and comment areas as well? Think of how much better online interactions would be if trolling a forum had some actual consequences.

    I run an online forum, and I've often wished I could deliver a large electric shock to asshats via their mouse.

    And just think of how much better slashdot would be!

    --
    People who say "sheeple" have about as much sophistication as an AOL user, and in fact are probably actually AOL users.
    1. Re:If only... by g0bshiTe · · Score: 1

      You can't tell me you have never once chuckled at a /. troll post. I have seen some that were very funny. Few and far between mind you, but it wouldn't be the same here or anywhere without trolls.

      --
      I am Bennett Haselton! I am Bennett Haselton!
  41. You missed a comma by Anonymous Coward · · Score: 0

    "Give customers a better experience, then pirates".

  42. Re:Bad summary/nothing new by jaymz666 · · Score: 1

    There are no servers in this case... it's single player, totally different animal

  43. Well... by Anonymous Coward · · Score: 0

    First of all its not a service, its a product that is bought. If EA wants to deny that person the product then have to offer a refund otherwise we have a name for this kind of behavior and its called stealing...

  44. Childish overreaction AND an injustice by hat_eater · · Score: 1

    I work for a games magazine that also happens to have a website and a forum on it. People (our readers, mostly) post nasty comments there all the time. Would it be OK for us to delay or suspend the subscription of our magazine to folks who are a bit too rude towards us in the forums?
    By the standards some of the commenters here seem to espouse, it would.

  45. How to be a modern PC gamer by RedDeadThumb · · Score: 1

    There is only one way to be a PC gamer now days and maintain your sanity. 1. Download the DRM free game and play it. 2. At the time the Ultimate Edition of the game comes out and is on sale, purchase it as a courtesy if you enjoyed playing the game. This takes no effort and allows you to avoid all the DRM bull and release after release of little DLC content at $10 a pop. Oh, and it maintains a clear conscience.

  46. playstation by Anonymous Coward · · Score: 0

    Playstation devices get release dates http://bit.ly/gVn5T5

  47. And a software pirate was born... by Beelzebud · · Score: 1

    Seems like a really stupid move. Ban someone for some pretty tame criticism? Gee I'll bet that guy puts more of his money into that EA account.

  48. Analogies by ksoule · · Score: 1

    This is like buying a digital game, being banned from their forums, and subsequently being unable to receive the purchased goods. Is it really necessary to create a fictional analogy to understand that this is absurd?

  49. Scary... by Anonymous Coward · · Score: 0

    I find it frightening that anyone would agree with what happened. His comment was nowhere near ban-worthy. Quite frankly, it was customer feedback. If you walk into a store you buy from frequently, and make a comment like that, do you think they would kick you out? No. They'd probably actually discuss the matter with you, respectfully. But online entities seem to think customers do not deserve respect or fair treatment, as is clearly the case here.

    I will not be purchasing any Bioware games in the future, unless they make a prompt and adequate apology for their absurd censorship and retaliation against that customer. As someone else said, preventing a person from using something they already paid for is wrong. EULAs be damned. You don't sell something to somebody, then lock it up because you don't like a comment they made.

  50. Lawsuit time... by moxley · · Score: 1

    I hate to jump right to litigiousness, but it seems like the only thing a company like this will respect...

    Sure, they may listen to the users if there is a big enough outcry and it starts to affect their sales - but how long would that take?

  51. same old tired crap by yodleboy · · Score: 1

    in this thread, people defending their right to be asshats online with no repercussions. Also, if we're lucky we'll see how this somehow relates to an evil corporate conspiracy to scam said asshats out of their money.

    There are two options here, it was deliberate or it was not. If it was deliberate, well I'm just going to say that some of you haven't been to other forums such as World of Warcraft where the flaming and douche-baggery can make the thing almost useless at times. If it was not deliberate, then this one whiny gamer needs to suck it up and wait out his ban. Had he not gotten himself banned in the first place he wouldn't have a problem. If you're going to behave in a way that might get you banned be prepared for unexpected consequences.

    Forum trolls respond to very little. Banning from forums doesn't stop them from coming back for more when it's over. Maybe banning them from their games might actually work.

    On a side note, I swear the constant use of EULA's, TOS's and other consumer contracts is contributing to the decline in personal accountability. "Well you didn't SAY I could be banned for XYZ so you can't ban me". It's never about right or wrong, it's always can I get away with it or not.

    1. Re:same old tired crap by Zorque · · Score: 1

      It's a single-player game. It's not like he's going around in-game ruining people's experiences. There's banning someone to prevent them from doing bad things, and then there's sheer vindictiveness.

    2. Re:same old tired crap by g0bshiTe · · Score: 1

      I agree with some of your logic. Ass-hattery in a game should not be tolerated no matter what.
      On the other hand a ban say from VAC where you can no longer play MP games is one thing, it's an entirely different thing when the user is banned from every aspect of a product that was purchased. That is equivalent to blatant robbery.
      Unless somewhere in the ULA, or TOS it states they can ban you in entirety from the game.

      --
      I am Bennett Haselton! I am Bennett Haselton!
    3. Re:same old tired crap by Anonymous Coward · · Score: 0

      in this thread, people defending their right to be asshats online with no repercussions.

      This has not happened. You cannot point to a single post that supports this position, because it is one that you made up. Strawman arguments are lies.

  52. One hell of a lawsuit if true. by g0bshiTe · · Score: 1

    Sounds to me like if it is as reported and the user was banned from singleplayer, he may have grounds to sue. That would be like buying a new car and because you posted something about Ford, then them killing the engine and you not being able to use it again. So at any time my purchases from EA could be terminated? Will I get a refund if I'm not allowed to use the software I purchased a license to use? Hopefully it is like 1st poster stated and is just a random bug and not something EA has done. Given their history though, I wouldn't put it past them.

    --
    I am Bennett Haselton! I am Bennett Haselton!
  53. This has sealed my no buy by Goat+of+Death · · Score: 1

    I was already on the fence given the bug ridden, overpriced mess that was Awakenings. They never properly patched the most egregious bugs that took all the equipment from a character you'd been playing 70+ hours. In addition they never bothered to release an updated mod pack so that modders could at least fix their mistakes. Probably because they didn't want to reveal the utter crappiness of their rushed coding practices for the expansion.

    Anyhoo, given all the following: the requirement for internet activation and recheck every few days; the SecuROM sneak in they pulled; the $60 price tag; and the steam demo already had frustrating game breaking bugs, I'll be putting my money elsewhere.

    Poor bioware. I miss the days when the did sixty nine different patches for Neverwinter Nights. That was product support!

    Guess I'll have to keep looking forward to the Witcher II and CD Projeckt that doesn't cripple their games with DRM.

  54. steam == hot air by TiggertheMad · · Score: 1

    Steam is less intrusive than other forms of DRM, so I hear people say that they don't mind it. Valve WILL fuck you with their DRM eventually, they just haven't gotten around to it yet. It make take 5 or ten years, but it is coming.

    Repeat after me: There is NO such thing as good DRM.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:steam == hot air by MBGMorden · · Score: 1

      I honestly don't have as much of a problem with it in gaming as I do in other areas. Reason is simple: I personally rarely play really old games. Now I realize that many people do and have no issues with them voting with their wallet, but for me, once a game is past, say, 5 years old, I ain't cranking it up anymore. I also know exactly where I'm playing those games: on a Windows PC. That's it - no other options.

      Compare with movies and/or music: I'll watch or listen to those, respectively, decades after they were made. I also may do things completely whacky with the files - like play them on my phone or generic mp3 player or XMBC (running on either a hacked Xbox or a hacked AppleTV - got both running in different rooms of the house). Overall, with movies and music, DRM screwing me over in a way that I dislike isn't just a possiblity, it's a near certainty.

      With games, as long as the game I buy works for me for at least 2-3 years, I've probably got all that I need out of it anyways.

      Besides, the price cuts that Steam can offer due to digital distribution are just insane. Check there on the weekends and you can often get last year's blockbuster titles on sale for $10 or less.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
  55. Alternative by Anonymous Coward · · Score: 0

    My coworker is a huge Bioware fan, since EA bought the company he has not paid for a single one of their games, opting to buy merchandise from the Bioware store instead. Not legitimate excuse for piracy, but it's the same reason people download mp3s and pay for concerts. These publishers need to go.

  56. SecuROM by Ninth+Marion · · Score: 1

    I've been reading about this on the Bioware forums, and another bombshell hit me: apparently SecuROM has been put on DA2, even though it was declared to be free of it by EA.

    http://arstechnica.com/gaming/news/2011/03/dragon-age-ii-features-hated-securom-despite-previous-ea-claims.ars

    Personally, I'd say I'm boycotting EA over this, but really I'm merely continuing to boycott them over how I was punished by them in multiple ways for daring to buy the first Dragon Age, and this.