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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.

18 of 178 comments (clear)

  1. 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.

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    1. 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.

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  2. 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.

  3. 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.

  4. 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.

  5. Title rewording by gringer · · Score: 4, Funny

    More punny title: Valve Loses Steam in Australian Court Battle

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  6. 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.

      --
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  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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 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.

  13. 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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