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."
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.
From TFA:
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.
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