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Valve Loses Australian Court Battle Over Steam (computerworld.com.au)

angry tapir writes: Valve Software has lost court action launched against it by the Australian Competition and Consumer Commission. The Australian court case centered on the refund policies of Valve Software's Steam digital distribution service. Some of Steam's refund policies contradicted the statutory guarantees of the Australian Consumer Law, the court found. A hearing on penalties is yet to be held.
Such "false or misleading representations about guarantees" include: consumers were not entitled to a refund for digitally downloaded games purchased from Valve via the Steam website or Steam Client (in any circumstances); Valve had excluded statutory guarantees and/or warranties that goods would be of acceptable quality; and Valve had restricted or modified statutory guarantees and/or warranties of acceptable quality. Valve has contested ACCC's arguments on a number of grounds.

178 comments

  1. Valve Thought They Were Still A Prison Colony by zenlessyank · · Score: 0, Troll

    Oooops.

    1. Re:Valve Thought They Were Still A Prison Colony by Anonymous Coward · · Score: 0

      What ?..like the USA was before the British fought the French over it ?

      Or do you mean something more specific, like say...Georgia ?

    2. Re:Valve Thought They Were Still A Prison Colony by jfdavis668 · · Score: 1

      The British fought the French over Canada. The British took the US from the Dutch and the Swedes. And of course, any one who was here before that.

    3. Re:Valve Thought They Were Still A Prison Colony by Hognoxious · · Score: 1

      The French sold the USA to the USA, which was doubly cheeky because it actually belonged to Spain.

      It was Britain's fault, though.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  2. EULAs are bullshit ... by gstoddart · · Score: 5, Insightful

    It's an attempt by corporations to rewrite/bypass existing laws, and prevent you from having any recourse by forcing you to agree to arbitration (conducted by someone friendly to the outcome of the corporation).

    Despite the idiocy we've been seeing as courts (*cough* American *cough*) decide it's OK for companies to fuck over consumers with bullshit EULAs which skirt around the law, I'm glad to see some common sense.

    Of course, expect the next round of "trade negotiations" (*cough* American *cough*) to work to undermine this.

    Because, let's face it, America is all lubed up and on the payroll of multinational corporations.

    --
    Lost at C:>. Found at C.
    1. Re:EULAs are bullshit ... by Anonymous Coward · · Score: 0

      But the Lochner era was the GREATEST era! It was a time where America was the best. Bring back the freedom to contract! Spare us the evils that have now arisen!

    2. Re:EULAs are bullshit ... by WarJolt · · Score: 1

      Many EULAs are so poorly written I question how enforceable they are. Who has time to read hundreds of pages of poorly written dribble? Can't we just all agree on a few well written EULAs and force companies to pick from those?

    3. Re:EULAs are bullshit ... by Speck'sBacon · · Score: 2

      Who has time to read hundreds of pages of poorly written dribble?

      Apparently, not Congresspeople. "We have to pass the bill in order to find out what's in it," like it's a Cracker Jack prize.

    4. Re:EULAs are bullshit ... by ArylAkamov · · Score: 2

      Many EULAs are so poorly written I question how enforceable they are.

      Ever since this happened, I always take the time to read them to see if they try to slip in any kind of weird, horrifying or funny shit.

      http://www.geek.com/games/game...

      Have not found anything noteworthy yet though besides the usual "Fuck consumer rights, sign here to hand them over".

      The Itunes user agreement was kind of amusing. Something along the lines of "By using this software, you agree not to use it for developing biological or nuclear weapons".

    5. Re:EULAs are bullshit ... by Anonymous Coward · · Score: 2, Insightful

      Well outside of the US, EULA's aren't enforceable if they directly or indirectly attempt to bypass your local laws. This is true in Canada, where companies who don't have regional EULA's suddenly find themselves up shits creek and have injunctions slapped against them.

    6. Re: EULAs are bullshit ... by Anonymous Coward · · Score: 1

      Except it's not common sense...it's a right. You cannot sign away 'rights' under Australian law...regardless of how stupid you are.

      As I understand things...you can in the US of A.

      In Australia (and probably most other "sane" legal systems), the offending clauses get structure from the agreements, leaving the remaining Contract clauses in place.

      So...signing things like can't take work for the same industry if changing jobs doesn't hold either to individuals... corporates poaching...between corporates...yeah...sue the biz...but the individual is safe (assuming they didn't take trade secrets with them...)

      Because you can sign away 'rights' in the us..makes the whole legal system...fucked. ..IMHO.

    7. Re: EULAs are bullshit ... by Bert64 · · Score: 5, Insightful

      But because the rest of the contract remains in force, companies have no reason not to pack a contract full of unenforceable garbage... Many people simply aren't aware of their rights and will follow the unenforceable bits out of fear.

      Adding clauses which are unenforceable should be seen as bad faith and result in penalties for anyone presenting such contracts.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    8. Re:EULAs are bullshit ... by butzwonker · · Score: 2
      Here is what everyone should do (unless you absolutely need the product):

      Print out the EULA and mark all passages you would like to change clearly. Indicate the changes you would like to suggest, point to reformulations and strike through passages you do not agree with. Make your changes reasonable. The last thing is important, don't make jokes. Put the revised EULA in an envelope, address it to the company's customer service, and in a short polite covering letter point out that (a) you do not agree with the original EULA, and (b) have taken the liberty of suggesting changes of the contract that should be of a mutual benefit. Suggest a reasonable amount of time for review, say, six weeks, and inform them that in case you do not hear from them within that time frame, then you will assume their implicit agreement, in the form of a a social contract, that the new, improved EULA is in place. (The last point is probably moot, but so is the original EULA in most jurisdictions.) Point out that you are not a lawyer, that you like their company and the product, and that the changes are beneficial to both parties and also in your opinion comply better with the law. A few thousands to tens of thousands of such letters would suffice to force the company to make a reasonable EULA.

    9. Re:EULAs are bullshit ... by Anonymous Coward · · Score: 0

      Thank you!

    10. Re:EULAs are bullshit ... by dywolf · · Score: 1

      Preach it!

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    11. Re: EULAs are bullshit ... by Bengie · · Score: 1

      You can't sign away rights in the USA either, but there are only a few "rights" and you can be sued for civil matters if you can show damages. An example is an NDA. You have a right to speech, but you signed an NDA, and if your speech that you agreed to no do causes damages to the other party, then that party can sue you for said damages.

      Being able to sue for damages is a blessing and a curse. It's great for situations where someone didn't technically break the law, but they did hurt you. At the same time, corps can claim almost anything causes them damages because of public relations and competition.

    12. Re:EULAs are bullshit ... by Impy+the+Impiuos+Imp · · Score: 1

      That was about large bakeries trying to put home (but pro) bakeries out of business by denying them lots of hours during crunch times like holidays.

      There is nothing honorable about this big business, rent-seeking decision.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    13. Re:EULAs are bullshit ... by wardrich86 · · Score: 1

      I've never understood why legal banter always has to use the numeral and then toss the word in brackets beside it. Are they implying that I need to multiply the number by itself? "I hereby declare that I give 3 (three) fucks" so are you saying you give me 3 fucks? Or are you saying you give me 3(3) = 9 fucks? Please elaborate.

    14. Re:EULAs are bullshit ... by Anonymous Coward · · Score: 0

      I know you've never actually read a binding arbitration clause, but there's a couple of things it's required to fulfill if it's going to be upheld in court. Number one is that both parties must mutually agree on the arbitrator. If you believe the arbitrator will not be fair to you and will favor the company, request a different one. I've never read a binding arbitration clause that didn't allow for that. The second one is, the company requesting the binding arbitrator can't expect the other party to foot the bill for the arbitration. Again, if you actually ever read one of those clauses, you'd see that it says the company will foot the bill at least up to some dollar amount for the arbitrator.

    15. Re:EULAs are bullshit ... by Anonymous+Brave+Guy · · Score: 1

      What really needs to happen with contracts of adhesion is more like how in-person consumer rights are handled in some places: not only can contracts not override certain key protections, but the stores are required by law to display certain information about this at points of sale, and including certain anti-consumer terms in contracts is itself illegal. Evil terms aren't just unenforceable at this point, you can be actively punished for even trying to include them, so you can't just try to scare consumers into not enforcing their rights.

      Moreover, some places have recently broadened their law to make it clear that consumer safeguards apply to any documents or representations made by a vendor in connection with a sale, not just explicit contracts. This was obviously aimed at EULAs, and also at sales terms that attempt to nullify any relevant information previously provided by the vendor in response to the consumer's questions before they decided to buy. Sometimes the contractual situation might be ambiguous, but the legislature wanted the consumer protections to be very clear.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    16. Re:EULAs are bullshit ... by Jahoda · · Score: 2

      Dude, what is the deal with this around here??? It's DRIVEL. It is not, and has never been DRIBBLE.

    17. Re:EULAs are bullshit ... by Anonymous Coward · · Score: 0

      That was about large bakeries trying to put home (but pro) bakeries out of business by denying them lots of hours during crunch times like holidays.

      There is nothing honorable about this big business, rent-seeking decision.

      The Lochner era was a lot more expansive than one single case, and a lot of it was a not even tangibly defensible.

    18. Re: EULAs are bullshit ... by Anonymous Coward · · Score: 0

      You can't sign away all rights in the USA.. for example.. a lot of 'risky' activities will have you sign away liability in the result of injury/death. I believe that technically the federal laws allow that but not all states do (I live in Virginia and it does not). So when I take my motorcycle to a racetrack the track is still liable for certain things.

    19. Re: EULAs are bullshit ... by Anonymous Coward · · Score: 0

      At least in Germany, that's what consumer advocate organizations are there for. They have the right to ask companies to remove a clause they consider wrong/unenforceable and pay a fine/costs, if they don't they can sue the company and most of the time the companies will lose and then will have to change it, notify customers of the change, pay a fine, and pay court and lawyer costs for both sides.
      I think it's largely US companies that insist on taking it to the courts anyway, even when their chances of winning are almost non-existing. Probably because all those costs are fairly small/reasonable in the end compared to what lawsuits cost in the US. And for some reason they don't fear the publicity of losing a consumer rights lawsuit (which for the bigger companies often makes the news). Which I guess does say a lot about those companies.

    20. Re:EULAs are bullshit ... by Anonymous Coward · · Score: 0

      Those letters will go straight to their archive...

    21. Re:EULAs are bullshit ... by tlhIngan · · Score: 1

      I've never understood why legal banter always has to use the numeral and then toss the word in brackets beside it. Are they implying that I need to multiply the number by itself? "I hereby declare that I give 3 (three) fucks" so are you saying you give me 3 fucks? Or are you saying you give me 3(3) = 9 fucks? Please elaborate.

      Clarity. Let's say the thing said "I give you 3 fucks". Now, due to a printing error, it looks like it reads "I give you 8 fucks" (or 6, or 9 which could also be plausible). Well crap, that's not how it was supposed to be. So they write "I give you 3 (three) fucks" which means legally, if a printing error occurs, the courts will look at it and use the written word over the numeral, seeing as the written number is the actual intent, the numeral could be in error. (This is why you write the value out in cheques as well - if there is a discrepancy, the written word is used over the numbers).

      The reason for giving the numeral is it's more natural and it makes it easier to read. I mean, "I give you 58,008 foos" is easier to read than "I give you fifty-eight thousand eight foos". Most people will puzzle over that for several seconds trying to parse the number. So it's written "I give you 58,008 (fifty eight thousand eight) foos".

    22. Re:EULAs are bullshit ... by wardrich86 · · Score: 1

      Hey, this makes sense! Thanks for giving enough foos to reply to my comment.

    23. Re:EULAs are bullshit ... by The_Revelation · · Score: 1

      Game companies always make the claim 'well, it costs more in your country because of regioning' which is a nice way of saying "we will charge you more than 150% the price paid by everyone else in the world to meet your consumer standards", yet Steam charges us a premium AND refuses to comply with out trading laws! So, what exactly is this 'regioning' margin being spent on, exactly, if they aren't 'regioning' their services in this country?

      Steam is the only place where I consistenly buy broken products, but that might be because they insist on carrying products produced by Ubisoft.

    24. Re:EULAs are bullshit ... by Anonymous Coward · · Score: 0

      You could easily make an 8 out of a 3, i guess that's the reason

    25. Re:EULAs are bullshit ... by david_thornley · · Score: 1

      I had a friend who'd buy software for his business with checks. On the back of the check was a notice saying that cashing the check was agreeing that the software was up to certain standards. He told me nobody ever balked at it.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    26. Re:EULAs are bullshit ... by david_thornley · · Score: 1

      At least we need a law making contracts of adhesion invalid if required after the point of purchase (or, at the very least, mandating refunds of purchase price for such products). The idea that, after spending money on something and doing something that makes a refund impossible, I have to agree to further terms, is ridiculous.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    27. Re:EULAs are bullshit ... by Anonymous+Brave+Guy · · Score: 1

      I don't know where you're from or what your law might be, but where I am terms stated after the point of purchase normally are unenforceable, other things being equal. To be part of a contract there would need to be something in it for both sides, and since the sale has already been completed at that point, there's no reason for the purchaser to accept additional terms without some form of consideration in return.

      The catch with a lot of modern technologies is that the additional consideration doesn't have to be very much for it to count, so you get a lot of the worst kind of legal weasel words around things an average customer might expect to be obviously included in the sale but maybe legally speaking it's not so obvious. For example, maybe you bought a copy of some software, but that didn't automatically include the right to install it on your computer's hard drive or copy it into RAM to run it, because they involve making copies and someone else still owns the copyright. Or maybe you bought a copy of some software, but that didn't automatically include the right to use the developer's servers so it's actually useful for anything, like playing against other people or even activating it on a new computer under its DRM scheme.

      Fortunately, courts don't always buy that sort of blatant weaselry, and have been known to find that the contract of sale for software that would be useless without some right or access to some service must necessarily have included those things even if they weren't explicitly stated. But this is the realm where you really need either a big corporate customer or a well-resourced consumer rights organisation to bring the test cases, because it's unlikely that any private individual will do so given the limited upside even if they win and the likelihood of a long and tedious court case they're stuck with in the meantime. This problem is really why I think clear-cut consumer protection statute law or equivalently powerful regulation is the practical solution given the reasonable desire for a developer to protect their genuine interests but the wildly unequal bargaining power when it comes to contracts of sale, EULAs, and other such terms.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    28. Re: EULAs are bullshit ... by Anonymous Coward · · Score: 0

      You can't sign away rights in the USA either, but there are only a few "rights" and you can be sued for civil matters if you can show damages. An example is an NDA. You have a right to speech, but you signed an NDA, and if your speech that you agreed to no do causes damages to the other party, then that party can sue you for said damages.

      There are not just a "few" rights in the USA. There are as many rights as the people decide they have. That's what the everybody in the legal profession agrees to when they swear oaths to uphold the law: the highest law in the land is the Bill of Rights, which both retains (9th Amendment), and reserves (10th Amendment) unspecified rights to the people.

      These elements of the Bill of Rights form a particularly brilliant piece of writing by James Madison. The Anti-Federalists argued (correctly!) that the Constitution was fatally flawed, as it did not have a Bill of Rights, and even if it did, the government would have too much power because the Bill of Rights would be incomplete. Madison addressed both issues: promises that a Bill of Rights would be added (by people with honor whose word was trusted) were fundamental to getting the Constitution approved, and that was done. By making the Bill of Rights open-ended, he addressed the second issue: any rights that were forgotten can simply be asserted by individual members of the people. Putting that in other terms, the government gets to write the laws, but those laws are only valid to the extent that the people decide they are.

      Obvious rights "retained by the people" includes the right to ethical government, to ethical practice of law, to ethics in business, to freedom of thought and creativity, to privacy, to travel and roam, reasonable expectations regarding the law, reasonable conduct, and so forth. Thus, there are MANY individual rights, any right a reasonable person would expect to have as a citizen of a free country exists.

      In practice, of course, the US legal profession finds it convenient to ignore their obligations under the highest law in the land, as they pretty much always have since the country was founded (hence slavery, Jim Crow, Land of the Lawsuit, Patent Trolls, DMCA, and so forth). I suspect they find the right to "ethical practice of law" to be especially terrifying, since so much of the practice of law in the USA depends on ignoring that right (and the artificial demand for the services of lawyers that is created thereby). If the public ever wakes up and figures out they have the power to change things, that will cause a lot of problems for the lawyers. I doubt they lose much sleep over the issue: betting on human stupidity is a pretty sure thing.

      Contract law, of course, is not the highest law in the land. The 9th Amendment right to reasonable expectations regarding the law necessarily means that the highest law in the land will trump lessor laws, and thus any doctrine that allowed fundamental rights to be taken away by contract is going to be legally problematic from a legal ethics perspective. Not that the lawyers let legal ethics issues stop them in such situations, of course. This is why one routinely sees "shrink wrap" software licenses that prohibit reverse engineering: such clauses are a violation of the right to curiosity and hence illegal, an ethical lawyer would never put such a term in a contract intended to be applicable to US law, yet such terms appear in most such contracts.

      Being able to sue for damages is a blessing and a curse. It's great for situations where someone didn't technically break the law, but they did hurt you. At the same time, corps can claim almost anything causes them damages because of public relations and competition.

      In most cases, even if someone "didn't technically break the law", if they did something wrong then they probably violated some right arising under the 9th Amendment.

      As with other fundamental rights, the 9th Amendment rights are individual rights applica

    29. Re:EULAs are bullshit ... by david_thornley · · Score: 1

      I'm from the backward country known as the US.

      I believe I can legally install and use lawfully obtained software, and make any copies needed, under US law, so I don't need additional permission to use the software (which doesn't stop people from sticking in a EULA step, but which does mean there isn't any consideration).

      What I've never gotten a straight answer to when I had the opportunity to ask in relevant forums, is what an enforceable EULA gives the vendor that copyright law doesn't. There's a few things like banning reverse engineering, but the reasons I saw were basically that the EULA would forbid what copyright law already does. It's a good place to put lack-of-warranty information.

      I think the minimum I'd like to see is a law saying that, if I were to buy software and consider the EULA unacceptable, that I get a full refund. I don't care whether it's the vendor or the manufacturer who needs to issue it

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  3. For once... by Anonymous Coward · · Score: 1

    Australia is on the right side of a video game-related story...

    1. Re:For once... by carbs77 · · Score: 2

      It was bound to happen eventually. As an Australian though, it would be nice for the ACCC to deal with the price fixing issue too. But one thing at a time :-D

    2. Re: For once... by donscarletti · · Score: 2

      Honestly, I'd give up refunds if I could pay US prices for games. I'm a little worried that this will now give publishers a legitimate reason to charge Aussies more.

      --
      When Argumentum ad Hominem falls short, try Argumentum ad Matrem
    3. Re:For once... by Anonymous Coward · · Score: 0

      Expect them to bring this ruling up when they talk about increased costs of operation in Australia :(

    4. Re:For once... by scott_evil · · Score: 1

      About fucking time I say. There's a shitload of lemons I played for a couple of minutes that I'd like refunds for.

    5. Re: For once... by Frankzy · · Score: 1

      Could always buy on G2A or equivalent site..

    6. Re: For once... by tlhIngan · · Score: 1

      Honestly, I'd give up refunds if I could pay US prices for games. I'm a little worried that this will now give publishers a legitimate reason to charge Aussies more.

      Uh, it's already WHY publishers charge more! It's why even physical goods sold in Australia cost more.

      I mean, people love to complain about EU and AU pricing, but often it isn't as extortionate as it seems - sure that Apple MacBook costs $300 more, but that's because you're forced to buy the extended warranty. 2-3 year coverage, so they build the cost of the extra warranty into the price. Or more. It's just in the US, the minimum warranty is 90 days, but plenty of people will sell you extended warranties for more money to bring it to 2-3 years.

      Yes, and companies like Apple were caught out trying to double-dip.

  4. Re: After I got banned from even playing single-pl by Anonymous Coward · · Score: 3, Interesting

    If they keep you from running a game you bought within the first 90 days, do a chargeback. If you own a bunch of Steam games, it might not be worth it since they'll ban you from playing the other games you paid for.

  5. Re: After I got banned from even playing single-pl by Anonymous Coward · · Score: 0

    Just be glad they still allowed you to play the rest of the games you bought.

  6. Re:Excessive regulation by netwiz · · Score: 5, Insightful

    I dunno about you, but I like to have at least the minimum protection that the products I buy somewhat resemble what it says on the box, rather than simply being a box full of a picture of a duck in a funny hat. Because fuck you, that's why.

  7. Re: Excessive regulation by Anonymous Coward · · Score: 0

    Did you even read the story or are you paid by valve to write this nonsense? You cant be completely retarded as you managed to use a keyboard so which one is it? Valve employee or didnt read / understand the issue of valve breaking the law and defrauding customers.

  8. Re:Excessive regulation by lgw · · Score: 0

    I dunno about you, but I like to have at least the minimum protection that the products I buy somewhat resemble what it says on the box, rather than simply being a box full of a picture of a duck in a funny hat. Because fuck you, that's why.

    If you pre-order you deserve whatever you get, even if it turn out to be the watching paint dry game. I'm still amazed people do that. Otherwise - just read the reviews (not the bought-and-paid-for magazine reviews, of course, the player reviews),.

    Still, I do have to wonder if this was an old case. I've gotten Steam refunds twice now "because fuck you, that's why" no problem at all. Is Steam's 2 week / 2 hours gameplay limit too strict for Aussie law? It's certainly worked well for me.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  9. Re:First Post by Anonymous Coward · · Score: 0

    Thank you everyone. Thank you. I am honored.

    This. If a first post comment was made on steam could they ban all games even purchased and paid ones?

  10. According to by Anonymous Coward · · Score: 0

    Valve, Steam has 1800 titles and 35 million active users.

    ^^ from the article, seems a little low though.

  11. Re: After I got banned from even playing single-pl by ArylAkamov · · Score: 3, Insightful

    This, might be a good idea to use multiple steam accounts to try and limit the damage.

    And before people get on my ass, yeah, he fucked up by either cheating or breaking the rules, sure. No sense in banning him from singleplayer though, that's just insulting.

    Probably won't happen anytime soon, but the shitfest that's going to happen when steam shuts down will be crazy.

  12. I don't think it's excessive regulation by Anonymous Coward · · Score: 0

    But in practice I've had no problems with Steam refunds either.

    Mind you I would have complained if I hadn't got a refund. (Game tagged Windows, OS/X, SteamPlay was windows only in practice)

    1. Re:I don't think it's excessive regulation by ArylAkamov · · Score: 1

      I have returned a few games, but I had to lie to get them to accept it.

      When you fill out the form to return a game, you are given a number of options, but it seems like several of them will get your return automatically rejected.

      I just resubmitted it with the "Game doesn't run/work" checkbox, then they accepted it no problem.

    2. Re:I don't think it's excessive regulation by lgw · · Score: 1

      Every refund I've gotten has been for "didn't like it".

      --
      Socialism: a lie told by totalitarians and believed by fools.
  13. Title rewording by gringer · · Score: 4, Funny

    More punny title: Valve Loses Steam in Australian Court Battle

    --
    Ask me about repetitive DNA
    1. Re:Title rewording by Anonymous Coward · · Score: 0

      At least Gringer's testicles developed.

    2. Re:Title rewording by Anonymous Coward · · Score: 0

      Alternative headline: Australia loses Steam.

      Valve ain't gonna put up with that shit. "Call us when you're willing to play by the same rules as everyone else; until then, you're all banned."

    3. Re:Title rewording by Anonymous Coward · · Score: 0

      Valve Loses Steam in ACCC Deathmatch

    4. Re:Title rewording by Anonymous Coward · · Score: 0

      Valve will bend over and take it up the a$$ unless they want a whole lot of Free Trade Agreement ass whoopin' unloaded on them.

    5. Re:Title rewording by ClickOnThis · · Score: 1

      My first reaction to the headline was "diddums, poor Valve."

      Then I wondered if Umbrella might take legal action against Rain.

      --
      If it weren't for deadlines, nothing would be late.
  14. Good by shione · · Score: 5, Interesting

    I like steam but this is good that the ACCC took them to court and won. Their refund policy is BS. I bought payday 2 ( http://store.steampowered.com/... ) when it had just came out for something like US$25 full price. I trusted the word of the developer who said it would NEVER have microtransactions ( http://steamcommunity.com/app/... ) in the game. Those scumbag developers then added in microtransactions anyway turning it on a P2W game. I tried multiple times through steam to get it refunded and each time I got a template response from steam denying the refund. If this was sold in the shops in Australia it would be ILLEGAL because it was not what I bought nor was it advertised as such to have microtransactions.

    I will never buy a overkill game again.

    1. Re:Good by nnull · · Score: 4, Interesting

      Steam definitely has a ridiculous return policy for Americans. It's absolute absurdity. Even Amazon has a better return policy for games than Steam. So much so I now outright refuse to preorder any games or even buy any games on release thanks to Steam.

    2. Re: Good by phayes · · Score: 5, Insightful

      No, he's said that changing a major characteristic of the game after the fact to make it necessary to buy more stuff to continue playing changes the game to the point that one would no longer wish to have purchased it. Funny that you were unable to understand that.

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    3. Re:Good by Anonymous Coward · · Score: 0

      I'd like to see ya walk into a GameStop demanding a return on those grounds.

    4. Re: Good by Anonymous Coward · · Score: 0

      He bought a game, and at the time of purchase, the developer advertised that the game would never be patched to include microtranscations. Then, thr game was patched to have microtranscations. That's called a bait and switch and it's definitely false advertising.

    5. Re: Good by Anonymous Coward · · Score: 0

      Kinda like how there was a class action against sony for taking out other OS option on the playstation.

      Nowadays that wouldn't even happen, because class actions are forbidden in EULAs and supreme court has said it's ok to forbid them in a EULA.

    6. Re:Good by Anonymous Coward · · Score: 0

      You bought Payday 2 and then years later you wanted your money back because the developers decided to take a different course? And for this injustice you state a non-binding basically verbal agreement between the devs and the users?

      And you are expecting to NOT be made fun of here?

    7. Re:Good by delt0r · · Score: 1

      You wouldn't get a refund on that at normal shop either. It is not even bait and switch, unless the game stops working for you. ie your forced to use said micro transactions just to play. You can't claim that it is not fair anymore otherwise you just claim your allowed a refund just because you suck at the game (probably closer to the truth). Your beef isn't even with steam it is with the devs of the game, and well you should have read that EULA there as well. Finally how many hours did you play the game? One? Ten, 20 hours? for $25 that is a good price for entertainment time.

      Gamers: Self entitled dicks.

      --
      If information wants to be free, why does my internet connection cost so much?
    8. Re:Good by Anonymous Coward · · Score: 0

      You must be a little kid if you think being made fun of is a insult. Must be something you cry yourself to sleep to because of school. lol

  15. Re:Excessive regulation by Anonymous Coward · · Score: 0

    Aussie statutory warranty variable depending on industry or product type but is never less than 12 months.

  16. Agreements can change at any time by WaffleMonster · · Score: 5, Interesting

    What I absolutely love about steam in particular is they grant themselves the right to "alter the deal".
    https://www.youtube.com/watch?...

    Lets say you have spent a fortune on steam games.

    They decide they are big enough they can do whatever they want and decide to start charging monthly fees or install spyware uploading contents of your computer to the New York Times or perhaps they just decide they don't want to support you anymore and unilaterally shut down the service.

    If you don't like the new deal and don't accept it your account is shut down and you lose access to everything you ever paid for without any compensation or recourse. You of course also "agreed" to submit to binding arbitration.

    This crap is why I don't play games anymore. It just isn't any fun when everyone has this kind of contempt for their customers trying to fuck people over asserting they don't own anything and have no rights.

    1. Re:Agreements can change at any time by Anonymous Coward · · Score: 5, Insightful

      This crap is why I don't play games anymore. It just isn't any fun when everyone has this kind of contempt for their customers trying to fuck people over asserting they don't own anything and have no rights.

      Not everyone. Buy from GOG instead of Steam. They'll sell you DRM-free plain old locally playable games, no network-permission needed to play, no ability for anyone to switch off your game collection later on. They'll work as long as you have a PC or something that can emulate one.

      You want that model to succeed? Buy your games there. They don't have as big a collection as Steam, yet, but it's growing fast. If everyone makes sure that business model succeeds, then game companies will be forced to support it, because that's where the buyers are.

      On the other hand, if everybody keeps buying lock-in and DRM ala Steam, well... that's what you're gonna get. Put your money towards the world you want to see. Make sure companies selling DRM-free games succeed, and those with needless online activation fail. Game studios need your money to stay in business, but you don't need their games. That means you have all the power, and they have none. Use it wisely.

    2. Re:Agreements can change at any time by Anonymous Coward · · Score: 0

      +1

    3. Re:Agreements can change at any time by Ash-Fox · · Score: 0

      They don't have as big a collection as Steam, yet, but it's growing fast.

      Is this a copy-paste from 2008?

      --
      Change is certain; progress is not obligatory.
    4. Re:Agreements can change at any time by Anonymous Coward · · Score: 0

      Steam sure as hell won't be seating in it's hands waiting for GOG to reach it... so this is a non issue.

    5. Re:Agreements can change at any time by evolutionary · · Score: 2

      DRM free my friend. Works for me. I have never installed steam and I never willl. gog.com appears to have all my gaming needs (when we get the odd break from life..) and I can find no funny business in their installers. . humblebundle is okay...as long as you avoid the steam crap (and especially the ubisoft drm. While humblebundle are mostly steam poster boys, they do sometimes have drm free bundles are truly a bargain (sometimes mixed with games that are steam only for which I consistently give $1..serves them right to mix poison with food). But gog.com appears to have remained pure and it's good to have choices.

      --
      "Imagination is more important than knowledge" - Einstein
    6. Re:Agreements can change at any time by Anonymous Coward · · Score: 2, Interesting

      I mostly buy my games via the Humble Store which offers both DRM-free downloads and Steam keys. I usually use the game primarily through Steam so I don't have to handle updates myself, but I still can always go download the latest DRM-free version whenever I want.

    7. Re:Agreements can change at any time by Szeraax · · Score: 0

      Yup. About 90% of my purchases are on GoG these days. I like having the ability to locally cache installers. I like being able to install the game where I want to when I want to.

      Totally worth doing.

    8. Re:Agreements can change at any time by Whorhay · · Score: 1

      Lots of games also don't actually rely on Steam for DRM and are playable without launching the Steam client.

    9. Re:Agreements can change at any time by Ash-Fox · · Score: 1

      I'm sorry a moderator feels that this is a flame bait, but, seriously. I'm pretty certain I've seen a very similar message posted back in 2008. Is this now an Internet meme I haven't familiarized myself with?

      --
      Change is certain; progress is not obligatory.
    10. Re:Agreements can change at any time by delt0r · · Score: 1

      Lots of contracts have "the right to alter the deal". Everyone from google to blizzard does it. Just because you don't real the EULA doesn't mean it is not there.

      --
      If information wants to be free, why does my internet connection cost so much?
  17. Gaming on Linux is that bad? by Anonymous Coward · · Score: 0

    So, the consumers were so disappointed by gaming on Linux that they are suing Valve? Wow!

  18. Steam is going downhill by the_Bionic_lemming · · Score: 1

    After over a month asking in a support ticket for them to actually let me get into the store, I've realized that their "move the desk" policy is killing them.

    There is no tech support.

    There is no testing.

    But there is a lot of "ignoring the problem" going on.

    Stop investing in steam, start ignoring their games.

    --
    _ _ _ Go for the eyes Boo! GO FOR THE EYES!
  19. Not in the States they aren't by rsilvergun · · Score: 2

    We enshrined them (and all arbitration agreements) into the Rule of Law. Our highest court just rule the law was valid too.

    Our schools are churning out lawyers like crazy because it's cheap for the University but expensive for the Student and our ruling class took note of a potential glut of people with the means to fire off Class Action Lawsuits. So they bought themselves a nice law. I suspect they're planning to do the same in the rest of the world if they haven't already (or don't just plain own the courts like they do in Brazil...).

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  20. Gaming on LOLinux by Anonymous Coward · · Score: 0

    What do you expect from an OS where the sound won't work half the time? It's all about the peace and free software man.

    1. Re:Gaming on LOLinux by Anonymous Coward · · Score: 0

      1995, is that you?

  21. Microsoft? by Tough+Love · · Score: 0

    So naturally the same standard applies to Microsoft?

    --
    When all you have is a hammer, every problem starts to look like a thumb.
    1. Re:Microsoft? by Anonymous Coward · · Score: 4, Insightful

      Yes, it does. Microsoft products sold in Australia have often come with a little flyer that specifies the different protections Australian consumers are entitled to outside their usual EULA.

    2. Re:Microsoft? by thegarbz · · Score: 2

      Yes. Microsoft has been taken to town by the ACCC over and over again about their return and warranty policies.

      I remember years ago ACCC action in Australia was the reason why warranties were extended to cover red-ringing XBox360s. The Australian "Fit for service" and "expected performance" clauses were read in a way that implied a console should last at least until the next model is released and their short warranty period was therefore invalid for what was clearly a manufacturing flaw.

  22. Re:Excessive regulation by Anonymous Coward · · Score: 0

    12 months to return anything for any reason? If you drink an entire can of soda, can you return the empty can? If not, then why would you be allowed to return a game that you potentially played to completion?

  23. Re:Excessive regulation by Anonymous Coward · · Score: 0

    A multi-billion dollar corporation, with its attendant lawyers does not equal an 'unsuspecting foreigner'. Guess which one of those Valve is. If Valve wishes to do business in Australia (by selling products to hundreds of thousands of Australians, in Australia, to be used in Australia), then yes, they are expected to abide by our relatively consumer friendly laws.

  24. Re:Excessive regulation by throx · · Score: 1

    Has to be unfit for sale to be returned under statutory warranty, and "fit for sale" is pretty broad.

    The issue with Valve was they advertised that there were no returns for any reasons and didn't include the standard "except statutory warranties" disclaimer.

    --

    Fear: When you see B8 00 4C CD 21 and know what it means

  25. Re:Excessive regulation by AntiSol · · Score: 3, Informative

    It has to be as described and do whatever you were led to believe it would do. The term is actually "fit for purpose".

    The other issue with valve is refusing to comply with the Australian consumer protection laws - refusing to give refunds for a nonworking product.

  26. Re:Excessive regulation by AntiSol · · Score: 2

    Further to this, the Australian laws don't automatically apply whenever you buy from somebody overseas, they only apply when the seller is targeting Australians.

    Valve are clearly targeting Australians: they charge in $AUD, and they have special cut-down versions of games specifically to comply with Australian laws.

  27. Re: After I got banned from even playing single-p by Anonymous Coward · · Score: 5, Insightful

    It had to be more than just some stupid things. Bans like than only come from abusive messages or serious threats. So as a TF2 player, I'm glad you and your little shit of a nephew got banned.

  28. Re: After I got banned from even playing single-pl by Saithe · · Score: 5, Insightful

    You let him play on your account, therefore you took responsibility for his actions. Don't let other people use your account, that's reckless and stupid.

  29. Re:Excessive regulation by Pseudonym · · Score: 2

    If you drink an entire can of soda, can you return the empty can?

    In South Australia, you can. You only get 10c back for the aluminium.

    The answer to your question is "no", not for any reason. However, under Australian consumer law, there is no statutory limit on how long after purchase you can seek a remedy (e.g. repair, replace, refund) if it is not of acceptable quality. The only limit is reasonableness, and that depends on the product.

    For example, if you buy a new car, and the manufacturer decides to stop making spare parts 15 years later (even if the initial warranty has expired), you may be entitled to a remedy, because cars are supposed to last longer than that.

    --
    sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
  30. Now how do I get my refund? by Anonymous Coward · · Score: 0

    Magicka never ever worked on my computer despite it beating the system requirements in every category. (Stupid .NET-based XNA games.)

    1. Re:Now how do I get my refund? by Anonymous Coward · · Score: 0

      email them demanding a refund. If they refuse, write to the ACCC. If it's within 90 days of buying it, do a chargeback on your credit card.

    2. Re:Now how do I get my refund? by Bengie · · Score: 1

      Charged back = banned account. Lose all of your games.

    3. Re:Now how do I get my refund? by cbhacking · · Score: 1

      Which is completely unconscionable and ought to get them taken to court, but of course their EULA says you waive your right to sue them. Which itself ought to be illegal, or at least unenforceable, but it's probably been upheld in the USA at least.

      Less-corrupt countries, where it's slightly harder for corporations to simply buy a politician's favor, might have better laws here. In my case, I just stopped giving Valve any money.

      --
      There's no place I could be, since I've found Serenity...
  31. Re:Excessive regulation by Gadget_Guy · · Score: 2

    they charge in $AUD

    No, they charge in US$.

  32. Re:Excessive regulation by Anonymous Coward · · Score: 0

    Relatively friendly? They're downright draconian. They force the retailer (not the manufacturer or the importer) to assume all risk for the products sold. Even if they can recover the invoiced cost of the returned item, they'll never recover the time they spent verifying the fault, arranging the return, etc etc etc. It's part of the reason stuff is so expensive here. I'd gladly pay US prices for goods in exchange for just a LITTLE TINY BIT of caveat emptor. I don't think the "Australia Tax" is worth the "consumer bears zero risk" culture we endure.

  33. Re:Excessive regulation by Namarrgon · · Score: 1

    Actually, the key part in the legislation is the product must be free from manufacturing defects for a "reasonable" length of time, which is interpreted according to the typical lifespan of that type of product, whether you paid more for a premium product, etc. There's no minimum or maximum period specified, but is rarely less than the manufacturer's own warranty period.

    --
    Why would anyone engrave "Elbereth"?
  34. Re:Excessive regulation by Anonymous Coward · · Score: 0

    Nope, they charge a fictitious currency called Steam Dollars that you can get using AUD or USD.

  35. Worst arguments put for by Valve ever. by thegarbz · · Score: 5, Insightful

    I like the way Valve had argued that they weren't doing business in Australia and as such didn't need to comply because all they did was provide an online portal.

    An online portal that accepts Australian dollars.
    An online portal that will restrict titles for Australia by geolocation.
    An online portal that WILL SEND YOU A CUSTOM VERSION OF A GAME FOR AUSTRALIA to meet Australian content requirements (looking at you Left4Dead 2) that was only released in Australia initially.

    You can't argue that you're not doing business in Australia while at the same time creating (not even releasing but actually creating) specific content to comply directly with local requirements.

    1. Re:Worst arguments put for by Valve ever. by AntiSol · · Score: 1

      Yep. They were grasping at straws, thinking they were above the law. And this is what happens.

    2. Re:Worst arguments put for by Valve ever. by Anonymous Coward · · Score: 3, Interesting

      Just wait until the EU comes after them. EU law states all software can be resold, including digital only. Strange that Valve, Apple, Google, Microsoft and Sony still won't offer a single method for doing so, therefore breaking the law as there is no mechanism to bypass their DRM. Seeing as these massive global tax dodging corporations are the gatekeepers for the keys, and no one else can transfer them, they cannot deny they are not preventing private sales.

    3. Re:Worst arguments put for by Valve ever. by thegarbz · · Score: 1

      Just wait until the EU comes after them.

      Don't get me wrong I love the EU laws, but the laws have little teeth without some well funded entity to back them. Associations like the ACCC exist to fight the fights that consumers in Australia can't afford to. That's not to say they are a free lawyer, but they exist to ensure that the bastards are kept honest. It's the same reason there's no "unlimited" advertising in Australia if there is a terms of use that defines "unlimited" to be anything other than what the dictionary states.

    4. Re:Worst arguments put for by Valve ever. by Cimexus · · Score: 2

      The decision: https://www.documentcloud.org/...

      The judge deemed them to be doing business in Australia because:

      A) Valve had CDN's in Australia, a fair number of them
      B) Valve allowed Australian customers to access support channels
      C) Steam had 2.2 Million Australian Users
      D) Valve knew the users were in Australia
      E) Steam prices games differently in Australia, or sometimes doesn't make them available at all
      F) Valve pays for it's Australian servers from an Australian bank account

    5. Re:Worst arguments put for by Valve ever. by Anonymous Coward · · Score: 0

      Then EU law is in a contradiction: if software is licensed not sold, then there is no grounds to say it can be resold because it hasn't been. If they insist licenses must be transferable, they've recompelled the entities and their people who license the software into a kind of slavery, violating their charter and the UN Declaration of rights. Let's not cheer for morons in a Kremlin-modeled parliament passing nonces about matters they do not understand.

    6. Re:Worst arguments put for by Valve ever. by cbhacking · · Score: 1

      ... and they tried to argue "not doing business in Australia" anyway? Jeez, whatever Valve is paying their lawyers, it's clearly way too much (or not enough, if they couldn't be bothered to hire lawyers that can find their ass with both hands and a mirror)...

      --
      There's no place I could be, since I've found Serenity...
  36. Re:Excessive regulation by AntiSol · · Score: 1

    I stand corrected, prices are indeed in USD. Not sure why I thought it was AUD. Maybe I was confused with some other store - it's been over 2 years since I looked at the steam store - I stopped after filing a complaint with the ACCC about their failure to comply with Australian consumer protection laws.

    But my other point stands: if they're selling a cut-down version of Left 4 Dead 2 to Australians to comply with our censorship laws, they're targeting Australians.

  37. Australia and Europe by Anonymous Coward · · Score: 1

    As one of the few people who actually read the Valve EULA: All of the parts of the EULA that tries to take away consumer protection has a little text on the end, something like "except as outlined in 13" (or whatever the number was).

    Down near the end is part 13, which says something like "if you're in the European Union, you can ignore these parts".

    With this court case, part 13 will have to be changed to "European Union or Australia".

    1. Re:Australia and Europe by Anonymous Coward · · Score: 0

      And after a few more revisions will just be "If you live in the USA, fuck you".

  38. Re:After I got banned from even playing single-pla by Anonymous Coward · · Score: 1

    I've gotten bans from games for doing stuff that was completely legit within the design of a game, such as killing people who were typing, spawn killing, camping and generally being a better player. Instead of getting mad, I just loop crashed their servers at random intervals. If they want to dish out bullshit, then I can return it right back to them.

  39. Re:Excessive regulation by AntiSol · · Score: 1

    How much is valve paying you to post here?

    Relatively friendly? They're downright draconian

    The post you're replying to said consumer-friendly. Which they are. They're only "Draconian" if you're a dodgy operator.

    They force the retailer (not the manufacturer or the importer) to assume all risk for the products sold

    No. Because the retailer is also entitled to the same protections.

    But even if this were true, a good way to not run afoul of the laws would be to just not sell shit products.

  40. Re:Excessive regulation by Sique · · Score: 2

    The retailer is the only one the consumer has a contract with. It's the retailer who gets the consumer's money. So the retailer is the only one the consumer can hold responsible for fulfilling the contract or taking back the merchandise.

    --
    .sig: Sique *sigh*
  41. Re:Excessive regulation by Anonymous Coward · · Score: 1

    How much is valve paying you to post here?

    Hah. I wish!!

    But even if this were true, a good way to not run afoul of the laws would be to just not sell shit products.

    Great, when you invent future vision so nobody ever sells products that turn out to be crap, let me know.

  42. Re:Excessive regulation by Anonymous Coward · · Score: 0

    As far as I'm concerned, my contract with the retailer ends with them conferring on me clear title to the goods, and the release of any encumbrance.

    Past that point, IMHO, the item is my responsibility. If it breaks, it's my job to find someone to fix it. If a manufacturer provides a service where they will repair the item during a timeframe, that would cause me to choose their product over a competitor's. If the product does not do what the manufacturer indicates it should do, then I bring civil action against the manufacturer making these claims.

    By insisting that the retailer has some continued obligation to me past the point of sale, that suggests that they still have some ownership of the goods, that they don't truly belong to me, but I'm just borrowing them "until I'm really really sure". Screw that.

  43. Re: After I got banned from even playing single-pl by Anonymous Coward · · Score: 0

    Only for those for whom an open door/unattended luggage/a car left idling are invitations to take, cheater.

    I don't play on steam anymore but I'm sure those who do are glad you were banned.

  44. Re:Excessive regulation by Bert64 · · Score: 1

    If you return the empty can then you aren't returning the product, since the soda inside was the product and the can is simply the packaging.

    There is no decent analogy because digital media is fundamentally different, not only could you potentially have completed the game but you could also have made a copy for yourself. That said, consumers still need to be protected - what if the game didn't work or failed to live up to the claims presented prior to sale? Consumers should absolutely have the right to receive the goods that were advertised, and thus a refund if the goods were not up to the advertised claims.

    And yes consumers should be able to try something before they decide if they want to buy it, that's where brick and mortar stores come in - you can play the game in store and decide to buy it or not. For distance selling (ie ordering online, mail order etc) you can't do this, so the law in many countries provides for extra rights to give you an equivalent level of service.

    One right people often forget in many countries, if you are returning goods because they are faulty or not as described then the supplier has to cover any and all costs (i.e. return shipping costs), many people don't realise this and shoulder the return costs themselves.

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  45. Re:Excessive regulation by Sique · · Score: 2
    Actually, the manufacturer never contacted you, never had any dealings with you. It was the retailer, in whose shop you saw the item, with whom you talked about the fitness for your purpose and whose Terms of Service you agreed to. From your point of view, it's completely irrelevant for the trade at hand, who in the end made the item. It's still the retailer who sold it to you, and who was the last owner of the item.

    If you buy a batch of foul eggs, would you try to figure out what farm they originally came from, or would you just return them to the super market you picked them up, showing the receipt for the proof of sale? Why would that be any different for any technical items?

    --
    .sig: Sique *sigh*
  46. Digital game refunds - surprisingly complex by RogueyWon · · Score: 2, Interesting

    Looking at the other comments on this, I see some pretty polarised views; either "corporations are evil, let me get a refund on anything I want whenever I want it" or "regulation is evil, let companies do what they want". I think both of those are missing the point somewhat.

    The area of refunds for downloadable game purchases is one that a lot of effort has gone into over the last few years and nobody has yet quite found a solution that seems to work fairly for both the public and developers.

    Actually, it needs to be acknowledged that things have moved on a long way from a couple of years ago. You can actually routinely get refunds now from the main online PC game stores, provided you meet specific conditions. What's not clear is whether this is down to the threat of governmental action (the EU had been making loud noises) or market forces. In particular, when EA startled everybody by announcing what was actually a fairly ambitious refund policy for Origin, it forced competitors like Steam to up their game and follow suit.

    Steam's current policy is that, outside of exceptional circumstances, you can get a refund without question on a game which has been purchased within the last two weeks (or which has been released within the last two weeks if you pre-ordered) and which you have played for less than two hours. That falls short of the statutory provisions for refunds that apply in many jurisdictions, but it's nevertheless a useful protection if you purchase a game which doesn't work on your PC, is hopelessly bug-riddled or is fundamentally not-as-advertised.

    But this system is causing problems of its own. In particular, a lot of small-scale indie developers, whose games only sell for a couple of dollars but whose play-time is less than two hours, are finding that people are playing their games to completion in less than two hours and then requesting refunds, despite having, in essenence, fully consumed the product. Guess what - customers can be greedy, exploitive morons too.

    Now, you might argue - and indeed I would - that Steam would be a better place if it closed the door to a lot of these small-scale indie developers, or at least increased the barriers to entry. But encouraging them onto the platform and then shafting them through the refund policy benefits nobody.

    I think part of the problem here is that for all of their many benefits, Valve remain resolutely awful at direct customer support and, indeed, seem to have no interest in resourcing it properly. Turn-around time for support requests, including non-standard refund reqursts, are abyssmal (and said requests often just drop into a black-hole). This means that when things go wrong either for a customer or a developer, unless you manage to get a twitter-storm on-side, it can be very hard to escalate a problem. Dealing with that and becoming better at processing those non-standard refunds (for instance, when a previously-working game is broken by a patch), might help with a lot of Valve's current problems. But that won't be cheap or easy for the company to implement.

    1. Re:Digital game refunds - surprisingly complex by Anonymous Coward · · Score: 0

      i think you missed one perspective.

      if i pay for a product and it does not work as advertised, i should be able to return it and get a refund.

      that is the main view, not the extremes.

    2. Re:Digital game refunds - surprisingly complex by Anonymous Coward · · Score: 0

      ... customers can be greedy, exploitative morons too.

      Yes but the usual problem is the retailer has greater leverage. For instance: I'm told that Steam games phone home: In that case, the game can report when it's campaign is 50%,75%,100% completed. Once the game is 50% completed, the player gets an email or pop-up saying that it will not be refunded. Even better, that can be a warning that appears when the game is purchased.

    3. Re:Digital game refunds - surprisingly complex by grim4593 · · Score: 1

      I purchased Prototype 2 which turns out to have a bug that makes it unplayable on AMD cards. I asked for a refund and got denied even though I have 1 hour of play time. My two choices were to issue a credit card charge back and likely get my account shut down along with the loss of all my games or to eat the cost of Prototype 2.

    4. Re:Digital game refunds - surprisingly complex by delt0r · · Score: 1

      and you can do just that.

      --
      If information wants to be free, why does my internet connection cost so much?
  47. Aussie culture by Anonymous Coward · · Score: 1

    Valve has contested ACCC's arguments ...

    How do Australians differ from Americans? Australians don't believe:

    Privatization is the answer.
    Corporations have more rights than consumers.
    Only the mega-rich can 'protect' our mediocre lives.
    Corporations should be rewarded for obeying the law.
    Corporate management is always devoid of criminal intent.

    1. Re:Aussie culture by Anonymous Coward · · Score: 0

      Australians don't believe:

      Privatization is the answer.

      Unless you've been living under a rock, Australia's privatizing heaps of shit we shouldn't be.
      You only have to look at what they did to TAFE, in favour of those dodgy colleges that were earning ridiculous coin off the government.

  48. Re: Excessive regulation by Anonymous Coward · · Score: 0

    That can't be the only reason for the higher prices in Aus though, because we have the same retailer liability throughout Europe. Our prices are higher than the US, but mostly due to sales taxes. We don't have the same "Australia tax" that you seem to.

  49. Re:Excessive regulation by Anonymous Coward · · Score: 0

    I dunno about you, but I like to have at least the minimum protection that the products I buy somewhat resemble what it says on the box, rather than simply being a box full of a picture of a duck in a funny hat. Because fuck you, that's why.

    If you pre-order you deserve whatever you get, even if it turn out to be the watching paint dry game. I'm still amazed people do that. Otherwise - just read the reviews (not the bought-and-paid-for magazine reviews, of course, the player reviews),.

    Still, I do have to wonder if this was an old case. I've gotten Steam refunds twice now "because fuck you, that's why" no problem at all. Is Steam's 2 week / 2 hours gameplay limit too strict for Aussie law? It's certainly worked well for me.

    Steam's refund policy has been attributed to this court action from the ACCC. But, unfortunately for Valve, you will still get charged for breaking the law even if you follow them after the fact.
    Australia has some very strong consumer laws and the ACCC rigorously enforces them. I am surprised that the current government haven't taken any steps to date to soften any of it...

  50. Re: After I got banned from even playing single-pl by Bruinwar · · Score: 1

    One person's creative strategy is another person's exploit. Then again, many an exploit is obvious.

    --
    SLOWER TRAFFIC KEEP RIGHT
  51. Re: After I got banned from even playing single-pl by Anonymous Coward · · Score: 0

    It is impossible to be a cheater if a player performs actions that are allowed within a game. You just suck and need an excuse.

  52. Re: After I got banned from even playing single-pl by dreamchaser · · Score: 1

    Just be glad they still allowed you to play the rest of the games you bought.

    This. I can no longer play Half-Life 2 after my nephew said some stupid things in chat in TF2. I paid for the game. I should be allowed to play it!

    Don't let other people use your account. That would have solved your particular problem.

  53. Re: After I got banned from even playing single-pl by Bengie · · Score: 1

    If you were playing a Blizzard game, they could ban your entire account for letting someone other than only one of your legal children from playing a game that is on your account. It's called account sharing and violates the EULA.

  54. Time for some simple regulation in the industry? by Anonymous+Brave+Guy · · Score: 3, Interesting

    If you own a bunch of Steam games, it might not be worth it since they'll ban you from playing the other games you paid for.

    This is why one of the consumer protection laws we really need in 2016 but don't currently have in most jurisdictions is that businesses providing this kind of sales/distribution service have to treat each transaction independently.

    It is clearly unfair for Valve (or your e-book seller, or a service providing movie or music downloads, or...) to attack a customer by retrospectively undoing other transactions or crippling other products involved in them just because one transaction was disputed or didn't work out properly in some way. If I go to a supermarket to complain because the "fresh" food they'd sold me with a use-by date some time next week had gone bad the day after I bought it, they don't get to refund me for that bad food but also make everything else I ever bought from them disappear from my kitchen. Tech firms doing the equivalent are just exploiting an imbalance of power and a controlling position in their market, not to mention abusing the kind of DRM schemes that allow that sort of control in the first place and the laws underpinning those schemes.

    There are good reasons we regulate monopolies in other business contexts. We also regulate services in some important industries even though they aren't monopolies, because competition hasn't proved sufficient to keep the market balanced. As far as I can see, almost exactly the same arguments apply to a lot of modern on-line services today.

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  55. Re: After I got banned from even playing single-p by Anonymous+Brave+Guy · · Score: 1

    So you're so concerned about abusive messages that you feel the need to assume the worst, swear at someone, demean their family, and support action that effectively costs them money, despite presumably having no knowledge of the actual situation?

    It's a good thing we don't ban people from Slashdot for abusive messages, I guess.

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  56. Re: After I got banned from even playing single-pl by Anonymous Coward · · Score: 0

    Probably won't happen anytime soon, but the shitfest that's going to happen when steam shuts down will be crazy.

    Load client in offline mode. Check interblogs for cracks for everything you have installed. Game on.

  57. Re:After I got banned from even playing single-pla by Anonymous Coward · · Score: 1

    You were being a jerk, not a better player. Jerks often don't realize that being a bad person is their primary characteristic.

  58. Arbitration by Anonymous Coward · · Score: 0

    Here's the deal. Know that any company that implements mandatory binding arbitration (Steam is one of them) is run by scumbags and trust nothing to do with them. Normally I'd say don't buy anything from them, but typically companies that go for arbitration are near monopolies/oligarchies, and steam isn't all that much different, though perhaps less aggressive about it than your typical monopolist.

    Once you realize that, you realize that Steam won't care about screwing you over. Treat all transactions with them as disposable, "ALL SALES FINAL", and you'll be much happier.

  59. let me guess by Hognoxious · · Score: 2

    Valve has contested ACCC's arguments on a number of grounds.

    1) We're American!
    2) What? That's like communism!
    3) But it's on the internet!

    --
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    1. Re:let me guess by thegarbz · · Score: 1

      1 and 3 actually. They claimed they don't do business in Australia.

      You know they just release special releases of games for that country that are only available to users of the service in that country and are only applied when paid in the currency of that country. They just apparently don't do business in that country.

    2. Re:let me guess by Hognoxious · · Score: 1

      You know the old one about the trouble with political jokes is that they sometimes get elected? There must be an equivalent for the legal sphere.

      4) (a corollary[1] of 1 ): Is that the one with the Lederhosen or the one with the kangaroos? Yeah, we, er, meant the other one.

      [1] No, not a corroboree.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  60. Re:Excessive regulation by mattventura · · Score: 1

    Is Steam's 2 week / 2 hours gameplay limit too strict for Aussie law?

    I think that's too strict in general. The problem is it's not 2 hours of gameplay, it's 2 hours of having the game open. I might easily spend 2 hours trying to get a buggy game to work. This can be especially problematic with games that use their own download/update system rather than distributing their payload via steam, since Steam would track that time where the launcher is open, downloading the game/updates.

  61. Re: After I got banned from even playing single-pl by Coren22 · · Score: 1

    Especially seeing as how TF2 is a free to play game you can get by signing up an account.

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  62. Re: After I got banned from even playing single-p by thegarbz · · Score: 2

    Yep. If someone comes to me and complains that they lost their license due to speeding the first reaction is not that they were actually innocent and it's a big misunderstanding.

    Likewise here knowing a bit of history the number of cases where people were wrongfully banned from Steam and the ban wasn't quickly resolved is almost nothing, so the smart money is on guilty until proven innocent.

  63. Re:Excessive regulation by Bert64 · · Score: 1

    You can, buying from an offshore vendor bypasses your consumer rights (i'm not even sure you have whatever rights you would have had in the vendor's home country)... This only applies if the vendor has no presence in your country and doesn't market the product in your country, or they do and you intentionally buy from a foreign supplier instead of the local one.

    If the vendor has a presence in the country and/or is directing marketing at residents then those people have no reason to believe they wouldn't be protected by local consumer protection laws, whereas someone who is intentionally making the choice would be fully aware and that's the difference.

    Another problem is that companies often intentionally try to mislead consumers, because many simply aren't aware of what rights they have under consumer protection law. I have often had arguments with companies over this, where they intentionally don't inform the lower level staff (ignorance or lack of training isnt illegal but intentionally lying to customers is) and you have to get escalated to a manager in order to assert your rights.

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  64. Re:Excessive regulation by Bert64 · · Score: 1

    The consumer deals with the retailer, not directly with the manufacturer, they already have contact with the retailer and it might be difficult for them to contact the manufacturer... This also comes from the days when the retailer was a physical entity based locally to you, while the manufacturer could be anywhere.

    Those laws prevent the retailer from passing the buck and washing their hands of any responsibility, and provide (in theory) a local and convenient point of contact for the customer to deal with and get their complaint resolved.
    And you can pay US prices - import the stuff yourself, you lose the consumer protection - you will only have whatever warranty is provided in the US, and might have to send the product back there at your own expense if it's faulty.

    It's also not zero risk, it's severely reduced risk which overall probably increases sales - if users were more worried about receiving faulty goods and have no recourse they would be less likely to buy and certainly wouldn't want to buy online where you can't test the product before you buy it.

    Most of europe has quite tough consumer protection laws too, it's not just australia.

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  65. Re: After I got banned from even playing single-p by Anonymous+Brave+Guy · · Score: 1

    Likewise here knowing a bit of history the number of cases where people were wrongfully banned from Steam and the ban wasn't quickly resolved is almost nothing, so the smart money is on guilty until proven innocent.

    What do you know that I don't? As far as I know, there aren't any published figures on this kind of thing from a reliable source, and there have been enough reports of Valve doing obviously inappropriate things that I wouldn't necessarily assume they were in the right as you seem willing to do.

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  66. Re: After I got banned from even playing single-pl by cbhacking · · Score: 1

    Well, aside from the fact that a lot of the game content - in effect, multiple entire classes, and occasionally even strict upgrades - is only available if you've got the various drops/unlocks. Even if you bought the game, back when it cost money, you may not (in a very real sense, separate from the DRM thing) own the (whole) game if you haven't been playing enough to have the latest gear.

    I don't give Valve money anymore. I don't agree with their business practices, and I don't consider convenience an excuse for abuse of their position.

    --
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  67. Re: After I got banned from even playing single-p by Anonymous Coward · · Score: 0

    No you didn't. Vac doesn't ban for anything like that and you know it. This and the GP are obvious trolls.

  68. Re: After I got banned from even playing single-p by Anonymous Coward · · Score: 1

    Same AC here.

    Have you spent any time on TF2? You don't get banned for the normal trash talking that we've all come to expect from teenagers on these things. At most that'll get you muted, or kicked from a single server. "Normal" levels of abuse (and it saddens me that that's even a thing) get dealt with by server admins, and they don't have the power to ban you from accessing a whole game franchise.

    Actually getting banned from a whole game requires getting escalated up to the steam account investigators. That pretty much requires some serious levels of threats, like threatening to find and harm someone in the real world. The kind of threat that would get you arrested if you made in person.

    As for why I feel the need to swear at someone and demean their family? Given what I've just told you about the level of abuse required to get banned from a game, go back and re-read the guy's comment : "my nephew said some stupid things in chat". What does that tell you? It says he doesn't think his nephew did anything wrong. So he's condoning it, which makes him a shit too. Also "I paid for the game. I should be allowed to play it!" suggests a feeling of entitlement. He feels his money is worth more than the feelings of whoever was the real victim in all of this.

    I get that free speech is important, but it's not the only right people have, and you have to remember that TF2 isn't the commons. It's a market place for digital hats, run by Valve. If someone comes in there pissing off the other customers, that costs Valve money. Why do you think this abusive shit's right to speak overrides Valve's right to make money in their own market?

  69. Re:Time for some simple regulation in the industry by Anonymous Coward · · Score: 1

    Posting anonymously for obvious reasons. The issue with Valve's chargeback policy isn't so much anti-competitive, but as a means of dealing with fraud. I'm in no way defending them, and I think they deserve all the hate they get for these practices, but I thought some context would be useful to understand what exactly is going on.

    The PCI industry has been on Valve's tail for the past couple years about people buying giftable/tradeable games (and items) with stolen credit cards, and they're really struggling to curb it. Mostly in-game items from Valve's own games, but also giftable games. There's a LOT of money in "carding" by purchasing these games or items, then quickly reselling for PayPal at below Valve's price, leaving the grey market purchaser to worry about what happens when the cardholder disputes charges on their statement. By a LOT, I mean for some career criminals the trade of games/items has become a viable way of laundering money in the thousands or tends of thousands of dollars at a time. Valve has just short of shut down trading with various "cooldown" restrictions such as making items/games untradeable for 15-30 days after purchase, required confirmation from a mobile phone running their app to "confirm" each trade, and region-locking Steam gifts, but scammers are still gaming the system, with each disputed charge resulting in fines against Valve and the ever-increasing threat of losing their ability to accept VISA/Mastercard/AMEX as payment in their "ecosystem". These microtransactions are also a HUGE part of Valve's revenue, so shutting it down completely is not very viable, plus the more legit trading community is pretty large so doing so (after people paid hundreds or thousands) would cause a lot of backlash.

    This would be less of an issue if Valve had decent customer support, who might fairly handle requests to refund games or support customers with issues, but in their lateral no-leadership corporate hierarchy of maybe a couple hundred employees in total, with almost everyone a developer, it's really hard to get anyone to actually handle customers' problems instead of writing scripts and macros to automate the 10,000-something tickets they receive each day. Hence, you get a seldom-monitored forum, and an online ticket system, with no way of contacting speaking to a live person by phone or even email, and average response (which is usually scripted) taking 1-2 weeks, sometimes as long as a year.

    With no avenue to resolve issues with purchases, customers are left with little option but to contact their banks and request chargebacks, which the payment card processors count against Valve all the same. Remember that Valve will do anything it takes to keep those negative marks at a minimum. With chargebacks on the rise, and Valve STILL unable to handle this "Support thing", and fraudsters (who also backlog their customer support) certainly not willing to stop, their next best solution to keep the number of chargebacks down completely suspend accounts involved in chargebacks. Once you dispute any charge with them, your card is blacklisted, and any accounts it was ever used with are suspended, meaning all your games are gone. Not wholly effective against scammers, but it's the best they have. When/If Steam Support ever responds, you are required to make contact with your bank to reverse the chargeback, and clear Valve's name with the PCI (absolve them of the PCI fines and clear this black mark from their record with the payment processor), or all accounts the card was used for will remain deactivated, with access to every game you ever purchased held hostage. Problem is, as you might imagine, many times someone's credit card number gets compromised, meaning their perfectly legit account gets caught in the crossfire because some scammer in the Philippines racked up a bunch of charges on a brand new account to launder money with. From their perspective, you should have resolved the bogus charges with their (non-existent) customer support so they could handle the issue internally instead of getting dinged for fraud.

  70. Re: After I got banned from even playing single-pl by Triklyn · · Score: 1

    tf2 isn't pay-to-win. they've done their best, and a decent job of making all individual things side-grades and not pure upgrades. and the drop rate is good enough that you can usually craft any weapon you've gotta have any way.

    you do not need to pay additional money to unlock any of the non-cosmetics you're looking for. unless you're classifying the cosmetics as a core part of the experience... in which case i think we're talking two different "games"

    the point being, everything is unlockable with minimal effort except for purely cosmetic items.

  71. Re: After I got banned from even playing single-p by Anonymous+Brave+Guy · · Score: 1

    Maybe you're right. I don't use Steam so I have no personal axe to grind either way. But you have to admit that some things about the OP's situation as they reported it do sound dubious to an impartial outsider.

    That pretty much requires some serious levels of threats, like threatening to find and harm someone in the real world. The kind of threat that would get you arrested if you made in person.

    If those threats are serious, then why aren't they being reported to the actual police? That sounds like a pretty toxic environment that has gone beyond what any commercial organisation should be trying to control themselves.

    Given what I've just told you about the level of abuse required to get banned from a game, go back and re-read the guy's comment : "my nephew said some stupid things in chat". What does that tell you? It says he doesn't think his nephew did anything wrong.

    Maybe that is what he thinks. The thing is, maybe he's also right. I don't know, and based on this Slashdot discussion alone, I don't see how you can know either. Online forums are notorious for over-reacting to criticism of their own preferences and culture. Maybe Valve's are no exception.

    Also "I paid for the game. I should be allowed to play it!" suggests a feeling of entitlement.

    Well, yes. He paid for the game. So he's entitled to what he paid for. The thing that is very dubious about the setup some organisations, again including Valve, have adopted is that they can and demonstrably sometimes will revoke things someone already paid for, even if those things are completely unrelated to whatever is in dispute.

    He feels his money is worth more than the feelings of whoever was the real victim in all of this.

    But since we only seem to have one person's anecdote that's been jumped on here, it's hard to know who that real victim was, or whether there was even any serious injury to feelings at all. As I said at the start, if there was something as serious as a credible threat to find and hurt someone, Valve should have backed off and called in the actual police. If it's just some teenager mouthing off unpleasantly, sure, ban that account from whatever forum was involved, but I don't see how that justifies kicking someone off a different game they already paid for.

    If someone comes in there pissing off the other customers, that costs Valve money. Why do you think this abusive shit's right to speak overrides Valve's right to make money in their own market?

    I have no problem with some reasonable process that ultimately bans someone who's being seriously abusive from whatever forum is involved.

    What I do have a problem with is Valve, or anyone else, thinking their right to make money in one context means they don't have to provide the fundamentals someone already paid for in a completely different context. I see no legal or ethical basis for such a broad response, and far too much scope for abuse.

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  72. Re: After I got banned from even playing single-pl by Darinbob · · Score: 1

    It's a single player game! Why would any other players care? Cheat at solitaire all you want.

  73. Re:Time for some simple regulation in the industry by Darinbob · · Score: 1

    Unfair, but given the massive devoted fan base that Steam has who will loudly defend it at every turn, it's going to be very difficult to get Valve to change their strategy and play fair.

  74. Re: After I got banned from even playing single-p by Darinbob · · Score: 1

    It's Valve, not a court of law. There is no due process allowed, just one employee pushing a ban button with no appeal. Valve is not a paragon of virtue who should be implicity trusted by thinking they must have had a good reason for it.

  75. Re:Time for some simple regulation in the industry by Anonymous+Brave+Guy · · Score: 1

    That all sounds perfectly reasonable, except for the part where they completely and dubiously legally cut off a genuine customer from everything they paid for. As far as I'm concerned, they should lose the resulting court case, and as compensation for damages they should have to pay the total price someone would have paid for the entire set of games at the normal current rates since their own system will generally tell you what the market value of those games is.

    I'm actually a little surprised that the card schemes let them get away with this. The terms for accepting card payments are usually absurdly one-sided from a merchant's point of view, and trying to artificially prevent justified chargebacks is generally frowned upon in the industry. I very much doubt Valve is big enough to have custom terms with the likes of Visa and Mastercard, but maybe they are playing along in the recognition that Valve is still significant and genuinely trying to reduce card fraud.

    In any case, we're talking about a company with in the region of a billion dollars in annual revenues. I get that they have a certain culture and it's popular with geeks, but I'm utterly lacking in sympathy for them if they can take that much money from customers yet can't manage to provide a decent customer support operation, just as I am when certain other tech giants do actually get taken to small claims court over a dispute where they clearly haven't been reasonable and then they do actually lose the case.

    Of course the ideal solution is to do away with the entire crazy card payments system we rely on in a lot of countries today, which is insecure and fraud-ridden by design, imposes crazy terms on merchants as a direct result, and is generally a barrier to reasonable people doing reasonable things and paying each other reasonably for them without someone taking on unreasonable risk as part of the deal. But we're literally talking about organsations that make economies work in some of those countries, so change is going to be painfully slow.

    I don't personally buy Steam games, or use other services with a similar kind of set-up, because I consider this situation an unacceptable risk. I'm far more likely to spend my money with the likes of GOG, where I pay a fair price for a game, and then once I've got my copy it's mine, lock-in and DRM-free. But in other business contexts where I've had software companies try to mess me or my businesses around in similarly their-mistakey ways, I'm afraid I'm rather black-and-white with them these days. I'll make a reasonable and polite effort to contact whatever customer support mechanism they have, and I'll play along if they seem to be reasonable and polite in return and making effective progress towards fixing the problem. However, if they start to give me the run-around, they get a registered letter straight to their official address, which coincidentally also starts the formal small claims legal process in my country (which their lawyers know, so almost always that step is where they wake up and actually take the problem seriously enough to fix it). I'm sorry if they have problems with being unable to track stock or product registrations properly, or with their commercial relationships with financial services they work with, but time is worth too much to let those become my problems instead for their convenience.

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  76. Re:Time for some simple regulation in the industry by Anonymous Coward · · Score: 0

    Remember that Valve will do anything it takes to keep those negative marks at a minimum

    Except for complying with Australia's consumer protection laws, you mean.

  77. Re: After I got banned from even playing single-pl by Anonymous Coward · · Score: 0

    Some of us paid or TF2. It wasn't always free to play.

  78. Re:Excessive regulation by Anonymous Coward · · Score: 0

    > Is Steam's 2 week / 2 hours gameplay limit too strict for Aussie law? It's certainly worked well for me.

    IIRC that was only brought in recently, after the ACCC started this case.

  79. Re:Excessive regulation by AntiSol · · Score: 1

    Great, when you invent future vision so nobody ever sells products that turn out to be crap, let me know.

    It's really not that difficult: you test products before you sell them, and you don't overstate your claims about how capable they are. Also, you can look at the number of returns you've had compared with the number you've sold and get a failure rate from that. Based on this, you can make your claims more accurate.

    But, again, as a retailer, it's not a big deal, because you can just return the defective products to the manufacturer you bought them from, since you're covered by the same consumer protections. Something from my previous post which you seem to have completely ignored.

  80. Re: After I got banned from even playing single-pl by Anonymous Coward · · Score: 0

    Just grab the torrent for "Half-Life 2 3in1". It's HL2 with both episodic add-ons and no Steam spyware shit.

    You can also probably find cracked servers to play TF2 on, just like there are cracked servers for L4D/L4D2.

  81. Re:After I got banned from even playing single-pla by Anonymous Coward · · Score: 0

    No, I was playing the game according to its own design and inherent rules. If you weren't meant to be killed while typing, then the game would make you invincible while you have chat bubble up. If you weren't meant to be killed as you spawn in, then the game would give you a brief moment of invincibility when you spawn in. If a game weren't mean for camping, then it would injure or kill any player that stood around for too long (but of course you'd cry about that too as you died while standing around chitchatting in the middle of a warzone).

    Whiners like you can't compete and have no recourse other than to cry to the admins because you suck so badly. Maybe learn to play the game instead of being a crybaby because admins who are lame enough to actually listen to your little tantrums pay the price by having their servers lagged and/or crashed repeatedly.

  82. Re:Excessive regulation by Anonymous Coward · · Score: 0

    They do charge Australian specific prices though....

  83. Re:Excessive regulation by adhdengineer · · Score: 1

    besides which, you're not buying from the manufacturer or imported, you're buying from the retailer. It's the retailers job to make sure what they're selling is good enough and meets the rules on quality and reliability. At least in civilized countries it is. Caveat emptor is bad.

  84. Re: After I got banned from even playing single-pl by Coren22 · · Score: 1

    What does that have to do with his nephew signing up for an account rather than using his account?

    I got TF2 with the Orange Box, that doesn't mean it isn't free now.

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  85. Re: After I got banned from even playing single-pl by doccus · · Score: 1

    This, might be a good idea to use multiple steam accounts to try and limit the damage.

    And before people get on my ass, yeah, he fucked up by either cheating or breaking the rules, sure. No sense in banning him from singleplayer though, that's just insulting.

    Probably won't happen anytime soon, but the shitfest that's going to happen when steam shuts down will be crazy.

    Hmmm.. that's certainly true for multiplayer.. but with single player, if it ever happened, and you knew ahead of time that they're going to fold,, surely you could set it to "off line" .. As I understand it.. it's not time limited. And maybe an enterprising hacker could make it permanent. They'gve already hacked Steam games to do that.,. I see them offered all the time on warez sites.. Which.. ahem... I don't frequent .. I see them psychically ;-)