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Simon_Plays the Battle.net Terms of Use Agreement
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Simon_Says



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PostPosted: Thu Aug 05, 2010 8:00 am    Post subject: Simon_Plays the Battle.net Terms of Use Agreement Reply with quote



So like many other people on this planet, I’ve been eagerly awaiting the release of Starcraft 2. I missed getting a pre-order because I was bone-headed enough to think they might offer it over steam, which I must admit is a really nice platform to work with. It’s convenient, simple, comprehensive, and surprisingly quite cost effective in fact with some titles. So yeah, I thought Blizzard might be nice enough to offer Starcraft 2 over steam as well, idiot that I am.

But of course this is Blizzard we’re talking about here.

Now, you see, Blizzard hasn’t made a bad game since fucking ‘95. Alas, they made World of Warcraft, which I admit I haven’t played, but have on numerous occasions proclaimed that I might try out if ever they make Pandaren a playable race.


Blizzard’s glory peaked with this.

But then WoW was successful. Greatly successful. Enormously titanically ginormously successful. It’s quite stupid really. They basically reinvented the entire genre of the mumorperger, and in so doing reinvented themselves. Into something that could write this.


Here there be fucking dracolisks.

Here is where it begins. On the battle.net site. I had clicked to sign up. Why not. Won’t hurt. I patriotically selected my home nation of Canadia and scrolled down to see that nope, can’t continue until I scrolled through this Terms of Use crap. Then I remembered that the Wikipedia article stated that the EULA for SC2 differed from Blizzard’s previous games. Yeah I know the TOUA and the EULA are different things, but whatever. So here I decided. Why not. Got time. Let’s see what this stuff’s all about, shall we? Okay, last revised… you should carefully read this… blah blah blah. Fairly standard stuff.

It opens up reasonably enough. “No hax plz.” It then goes on to some other standard stuff. No gold farming (this thing is being used now in WoW I understand), no cybercafé use without permission (or royalties, probably). But it’s here we meet our first snag.

Blizzard wrote:
You agree that you will not, under any circumstances…
…2.3 - Use the Service for any "e-sports" or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without Blizzard's prior written consent.
lolwut. So if I was in a gaming club, like, say, the one on campus, and we decided it’d be fun to have a private SC2 tourney, it’d be… a violation of the TOUA?! A violation that could cost us our battle.net accounts. Wow, way to wipe away that lack of LAN problem. Just make LAN forbidden!

And we’ve. Only. Just. Started.


Yep. We're gonna fucken need it again.

Blizzard wrote:
2.4 - Use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through any Game or the Service, including without limitation any software that reads areas of RAM used by any Game or the Service to store information about a character or a Game environment; provided, however, that Blizzard may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
Fuck you! It’s my RAM! I bought it, I will read it whenever I damn well please!

Blizzard wrote:
2.5 - Modify or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by Blizzard;
WHAT?! No modding?! At all?! I mean, sure the provided map editor may be insanely powerful and flexible but yet… what?! I can’t even reskin the damn units! Yes this is for the battle.net service, but it says no modding the GAME without permission! What gives?!

Blizzard wrote:
2.6 - Host, provide or develop matchmaking services for any Game or the Service, or intercept, emulate or redirect the communication protocols used by Blizzard in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
2.7 - Facilitate, create or maintain any unauthorized connection to any Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or any Game; and (b) any connection using programs or tools not expressly approved by Blizzard;
It’s Battle.net or bust. Fucking ace. And I’ll have to sign in to this fucker at least once every installation in order to play the goddamn game.

Blizzard wrote:
5.6 - Account Suspension/Cancelation. BLIZZARD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by Blizzard for any type of abuse, including without limitation a violation of these Terms of Use, will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this TOU, a Game EULA or other Blizzard policy. You may cancel any Account registered to you at any time by following the instructions on the Website. Blizzard may stop offering and/or supporting the Service at any time.
You read that right before. You’ll have to sign in to Battle.net at least once to play SC2. And Blizzard can suspend your ability to sign in at any time. For no reason. If anything happens to your account, you will not be able to install the game ever again. They couldn’t keep a hold on their own Warcraft universe’s storyline, do they expect me to let them keep my account in their hands? To be at their complete and utter mercy? Fuck that noise.

Blizzard wrote:
8.1 - Agreements. Blizzard will update this Agreement as the Service and law evolves with new versions (each a "New TOU"). This Agreement will terminate immediately upon the introduction of a New TOU, and you will be given an opportunity to review and accept the New TOU. If you accept the New TOU, and if the Account registered to you remains in good standing, you will be able to continue using the Account subject to the terms of the New TOU. If you decline to accept the New TOU, or if you cannot comply with the terms of the New TOU for any reason, you will no longer be permitted to use the Account. Blizzard may change, modify, suspend, or discontinue any aspect of the Service at any time. Blizzard may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Service or associated with the Account. Blizzard may also revise other policies, including without limitation the Code of Conduct and other In Game Policies and the Privacy Policy, at any time, and the new versions will be available on the Website. If at any point you do not agree to any portion of the then-current version of this Agreement, the Code of Conduct the Privacy Policy, or any other Blizzard policy or agreement relating to your use of the Service, you must immediately stop using the Service.
So if Blizzard decides to change all this to an ever greater buttfuck, no wait, hold that… they CAN change all this to an ever greater buttfuck! And there’s nothing you can do!
Blizzard wrote:


Blizzard wrote:
8.2 - Software and Services. In an effort to improve its products and services, Blizzard may require that you download and install updates to the Service and to the Games you have installed on your computer. You acknowledge and agree that Blizzard may update the Service and the Games, including the Game client(s) on your computer, with or without notifying you.
Mandatory patches without notification. Is this going to happen even if I don’t want to use Battle.net when I’m playing single-player? What gives? Okay granted I have to put up with this as well with all my Steam games but still.

Blizzard wrote:
9.1 - Game clients and Service. The Game clients and the Service (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings or replays of Games, and the Game client and server software) are copyrighted works owned by Blizzard and its licensors. Blizzard reserves all rights in connection with the Games and the Service, including without limitation the exclusive right to create derivative works. You agree that you will not create any work based on the Games or the Service except as expressly set forth by Blizzard in contest rules, or in Blizzard's Fan Policies, which include without limitation Blizzard's Machinima Policy and Fan Art Submission Policy. Any reproduction or redistribution of any Game not in accordance with any policy or agreement, including without limitation the Game EULA and the TOU, is expressly prohibited by law, and may result in severe civil and criminal penalties.
I’m gonna have to jump through hoops just to make fanart?!

Blizzard wrote:
9.2 - Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BLIZZARD. Blizzard does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void.
HEY, BLIZZARD. FUCK. YOU. AND YOUR CAPS LOCK KEY TOO!



Blizzard wrote:
9.3 - Virtual Items. Blizzard owns, has licensed, or otherwise has rights to all of the content that appears in the Service or the Games. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in any Game, or any other attributes associated with the Account or stored on the Service. Blizzard does not recognize any purported transfers of virtual property executed outside of a Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in a Game, unless otherwise expressly authorized by Blizzard in writing. Accordingly, you may not sell in-game items or currency for "real" money, or exchange those items or currency for value outside of a Game, without Blizzard's written permission.
Wait. So that sparkly wonder horse thingamabob I can buy I can’t… buy?

Blizzard wrote:
10. Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. If you choose a recurring subscription for any Game, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you cancel the subscription or the Account. Blizzard may revise the pricing for the goods and services offered through the Service, including without limitation subscription plans for any Game, at any time. YOU ACKNOWLEDGE THAT BLIZZARD IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PREPAID TIME WHEN THE ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
AGAIN WITH THE CAPS LOCK KEY. ARE YOU CLAWING MONEY FROM US BECAUSE YOU CAN’T AFFORD A NEW ONE?! IS THAT THE STORY? BOOL. FAHKEENG. SHEEYIT.


This image never gets old.

Blizzard wrote:
12.4 - User Content. "User Content" means any communications, images, sounds, and all the material and information that you upload or transmit through a Game client or the Service, or that other users upload or transmit, including without limitation any chat text. You hereby grant Blizzard a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
My words are my own, douchebags. At least give my name/handle when you quote me.

Blizzard wrote:
12.5 - Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications (including without limitation chat text) when you are using the Service or playing a Game, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume any responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this or any other agreement or Blizzard policy; (c) to protect our legal rights and remedies; (d) where we feel someone's health or safety may be threatened; or (e) to report a crime or other offensive behavior.
BATTLE.NET? MORE LIKE BIGBROTHER.NET AMIRITE?



Blizzard wrote:
12.6 - Real Life Friends Feature and Identity Disclosure. The Service allows you to disclose your identity to other users of the Service through the "Real Life Friends" feature. If you use the Real Life Friends feature and opt-in to a request to be "Real Life Friends" with another user, that user will be able to see your real name. Certain features, such as the Battle.net Voice Chat Client, are only available between users of the Service who have opted in to the Real Life Friends feature. IF YOU OPT-IN TO THE REAL LIFE FRIENDS FEATURE, THOSE PEOPLE YOU DESIGNATE AS "REAL LIFE FRIENDS" WILL BE ABLE TO SEE THE NAMES OF YOUR OTHER "REAL LIFE FRIENDS," AND YOUR NAME WILL BE VISIBLE BY THOSE PEOPLE THAT YOUR "REAL LIFE FRIENDS'" HAVE DESIGNATED USING THE SAME FEATURE. You may opt out of the Real Life Friends feature at any time by deleting all Real Life Friends from your Battle.net Account.
YOU TRYING TO STOP PIRACY BY PREYING ON OUR PRIVACY?!

Still, at least they’ll allowing me to keep my own caps lock key. That’s nice of them, I guess.

Blizzard wrote:
14.2 - YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BLIZZARD IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
God! Stop with the caps already! Also, of course, they tactfully put in a clause that means we can’t possibly argue or even just talk with them to settle disputes. How charmingly medieval.
Blizzard wrote:
Stay away from us you fucking peons!


Blizzard wrote:
15.1 - Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to these Terms of Use ("Dispute"), you and Blizzard agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Negotiations will begin upon written notice. Blizzard will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Blizzard at Blizzard Entertainment, 16215 Alton Parkway, Irvine, CA 92618, Attn: Legal Department.
So we can parlay. Yes I think I’ll ‘negotiate informally’ for a different TOUA.

Here comes a massive one.
Blizzard wrote:
16.1 - Massive. Blizzard's Games and the Service may incorporate technology of Massive Incorporated ("Massive"), a wholly-owned subsidiary of Microsoft Corporation ("Microsoft"), that enables in-game advertising, and the display of other similar in-game objects, which are downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Massive may collect some information about the game and the advertisements delivered to you, as well as standard information that is sent when your personal computer or game console connects to the Internet including your Internet protocol (IP) address. Massive will use this information to transmit and measure in-game advertising, as well as to improve the products and services of Massive and its affiliates. None of the information collected by Massive will be used to identify you. For additional details regarding Massive's in-game advertising practices, please see Massive's In-Game Advertising privacy statement at http://go.microsoft.com/fwlink/?LinkId=122085&clcid=0x409. The trademarks and copyrighted material contained in all in-game advertising are the property of the respective owners. Portions of the Service are © 2008 Massive Incorporated. All rights reserved.
Forced advertising, in the game. FORCED. FUCKING. ADS. WITHIN. THE. GAME.Fuck you Blizzard! Just fuck you! You demand 60 dollars from us, and you still want to choke us with advertisements? Stock up the supply depots with fucking Coca Cola or some shit?! I’M PAYING FOR A GAME, NOT COMMERCIALS.

Blizzard wrote:
17.8 - Equitable Remedies. You hereby agree that Blizzard would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the TOU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
So sayeth the makers of a game that pulls in billions for them each year. It’s fucking pathetic that’s what this section is.

Blizzard wrote:
BY CLICKING "ACCEPT" BELOW OR BY USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ AND AGREE TO THIS TERMS OF USE, THAT YOU AGREE TO ABIDE BY OUR IN GAME POLICIES, AND THAT YOU UNDERSTAND AND ACKNOWLEDGE OUR PRIVACY POLICY.
NO. JUST NO.

Seriously, this rant shouldn’t be this long. This thing is filled up to the wazoo with lawyer-speak and denial of accountability and other bullshit. It’s as if –we-, the paying customers (or at least the people who are looking to be customers) are criminals. Criminals who can’t be trusted. At all. Not one inch. No understanding or slack. Fucking berks.


These people are fucking crooks.

How about this, Blizzard? I may be able to accept your terms, but before that I’ll have to add some of my own. How about you promise that you will use their powers over our accounts wisely? That if you do fuck something up, you will do everything in your power to fix it as soon as possible? How about some assurance that you will use your powers to protect us from the hackers who will be trying to undermine our games and our accounts? How about you stop clawing into our pockets, and just set it up that we pay you for the right to play your game in a fair manner? How about you restate the whole fucking thing in simple terms we can digest without spending two hours analyzing it? Or that if you somehow, someday go under, the game will still be playable in some manner? This is a fucking contract, and I want something my way for signing/agreeing to this bollocks you put in front of me. Grow some balls and maybe a heart while you’re at it. Most people are not out to screw you over. There are some who do, yes. They may be very vocal, yes. But most people are not out to screw you over. All they want is to play your game. And play them online with friends, or with strangers, in a friendly, gentlemanly manner.

Be fucking gentlemen, Blizzard.

I need a fucking drink.
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Last edited by Simon_Says on Thu Aug 05, 2010 6:48 pm; edited 3 times in total
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Aurelyn
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PostPosted: Thu Aug 05, 2010 12:49 pm    Post subject: Reply with quote

Fucking epic.

Also, damn you for that tvtropes link hidden in the middle of that.
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Sal would know. He stole many jobs from guys named Shaun.
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count



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PostPosted: Thu Aug 05, 2010 3:04 pm    Post subject: Reply with quote

Ha. You are a genius, sir.
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PostPosted: Thu Aug 05, 2010 7:27 pm    Post subject: Reply with quote

Aurelyn wrote:
Also, damn you for that tvtropes link hidden in the middle of that.
I do my best.

But seriously, this is the kind of shit that puts people onto piracy in the first place. Shamus Young said it best: "Make sure the pirates can’t offer a superior product." So far the options are to purchase a licence to play what amounts to a glorified rental. A rental with so many strings attached that many regular PC gamers may step over them without even realizing it, knowing that they're still treading ground the rest of the industry often depends on. (LAN parties, modding, custom servers, etc.) The other option is to download, for free, the whole game with basically no consequence except lack of battle.net support, which is not necessary to the game.

The first proper PC game I've ever played, after Reader Rabbit, was Starcraft. It was a bootleg copy, and at the time I just played with cheats on (being eight and a complete munchkin). I was, and still am fine without multiplayer. In fact aside from a few, very well done exceptions (UT2k4, TF2, Killing Floor, etc.) I'm basically a SP-only kind of guy. Especially since Starcraft, and after that Warcraft 3 (possibly the first game I ever played seriously) had absolutely brilliant SP campaigns.

I don't need achievements. They're neat but I'm perfectly capable of living without. I lived without them for 17 years (then I got The Orange Box) and their addition isn't changing the way I play in any meaningful manner.

And since Battle.net doesn't integrate with Steam, at all, and since I'll likely not spend any significant amount of time online, Battle.net's friends feature can go fuck itself. So can Facebook for that matter, but that's another topic for another time.

So yeah. Strings-laden rental or perfectly functional free download with only a one in a million chance of backfiring. Blizzard is not making a good case for itself in my book.

But the sad thing is, despite all this bollocks, I'm still considering getting Starcraft 2. The collector's edition, even. Simply because Starcraft 2 is apparently a really, really good game. As I said, Blizzard hasn't made a bad game since at least '95*. This is the kind of dilemma that really tears me apart. The devs made a really good game, and I do want them to continue making good games in the future, but they're fucking us so soundly up the pooper with these one-sided, lawyer-babbling, fun-choking contracts. I don't know if I should just put up with it and make do with a great game experience, or send a message to Blizzard that I won't put up with being treated like a crook, and hope that there'll be a million other hands flipping Blizzard off with me.

Somebody, maybe Yahtzee, once compared the current state of the video game industry to that of the puberty period of a teenager. Considering all the other imbecilic bullshit that's gone on in the past few years (EA's three-install limit debacle, Ubisoft forcing players to be online perpetually, this, etc.), I'm rather agreeing with the allegory. The PC gaming industry is now acting like an idiotic teen who just can't get along with anybody cause it's a selfish, jerkass git. And then it blames its problems on everyone else (pirates! second-hand trading! consoles!), and takes out its self-made frustration on the people who just want to help (the customers). Hopefully this allegory may hold on so that at the dumbass teen will grow up into a respectable, mature industry in the near future.

Then again maybe we'll genetically engineer pigs with wings.

*World of Warcraft... is not a bad game. I may berate it, laugh at it, call it the worst thing ever to happen to PC gaming, but I realize that ultimately, it's still a good game. Probably. Maybe.
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PostPosted: Thu Aug 05, 2010 8:24 pm    Post subject: Reply with quote

It's their playground; they make the rules.

They're covering their behinds. It's part of doing business in today's world. They likely won't do many of the things they can when it comes to users who play the game in a manner devoid of douchebaggery. But they reserve the right to assfuck those who don't.
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PostPosted: Thu Aug 05, 2010 8:57 pm    Post subject: Reply with quote

@Simon. It is a really good game thus far. And I'm with you on the multiplayer thing - I used to play Starcraft over battle.net until I got sick of being slaughtered by people with far more time on their hands to get really good at PvP gaming. That goes for most games actually. I did (and still do) play a lot of Starcraft over LAN, where you can just play with your mates. Apparently that's illegal now in 2.

Also, really don't get me started on the whole Facebook integration thing. Disgusting.
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Simon_Says wrote:
Sal would know. He stole many jobs from guys named Shaun.
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PostPosted: Thu Aug 05, 2010 11:59 pm    Post subject: Reply with quote

Yeah, fuck Facebook.

On topic though, thank god I'm not an rts type and can safely ignore the game. Otherwise I believe I'd be as furious as Simon* at Blizzard treating their customers like shit.


*Well maybe not that furious - I might not be able to pull off the actual Fury of a Thousand Suns. I'd be ticked off for sure, though.
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PostPosted: Fri Aug 06, 2010 5:34 am    Post subject: Reply with quote

Smiley wrote:
It's their playground; they make the rules.

They're covering their behinds. It's part of doing business in today's world. They likely won't do many of the things they can when it comes to users who play the game in a manner devoid of douchebaggery. But they reserve the right to assfuck those who don't.
And yet they'll assfuck anyone anyway. I need to get more in touch with current events. I thought EA was the worst ones around.

My three favorite developers used to be Bioware, Blizzard, and Valve. And alas, the middle one got cancer, the first was captured by EA, and the last stole my god damn hat.

I think I'm going to try to write up another post wherin I'll try a more rational approach and search for solutions instead of problems. Stay tuned.
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PostPosted: Fri Aug 06, 2010 7:09 pm    Post subject: Re: Simon_Plays the Battle.net Terms of Use Agreement Reply with quote

Simon_Says wrote:

Blizzard wrote:
You agree that you will not, under any circumstances…
…2.3 - Use the Service for any "e-sports" or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without Blizzard's prior written consent.
Song and dance


Unlikely that they part with entire shits about your, or for that matter anyone's, private little gaming circlejerks. More likely they noticed they could be squeezing a bit more money out of gaming conventions and, of course, Korea. Just can't have enough of those wons.

or were they jeons?



-fake edit-
Unless of course you maybe personally paid for everyone's games in the group. Then you'd be that sponsoring, non-profit entity. I'm not saying this to make a point, just that if you have extra cash lying around and want to feel like you're sticking it up to the man...
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PostPosted: Mon Aug 09, 2010 12:24 am    Post subject: Re: Simon_Plays the Battle.net Terms of Use Agreement Reply with quote

Digitaaliklosetti wrote:
Unlikely that they part with entire shits about your, or for that matter anyone's, private little gaming circlejerks. More likely they noticed they could be squeezing a bit more money out of gaming conventions and, of course, Korea. Just can't have enough of those wons.

or were they jeons?

-fake edit-
Unless of course you maybe personally paid for everyone's games in the group. Then you'd be that sponsoring, non-profit entity. I'm not saying this to make a point, just that if you have extra cash lying around and want to feel like you're sticking it up to the man...
The example I used was a university gaming club. The one at the University of Calgary does charge a small amount for entry, so it may in fact fall under Blizzard's definition of a "commercial or non-profit entity", depending on whatever the definitions for those things are. Blizzard/Activition specifically declines to state what a commercial or non-profit entity is. It could be one of those two Korean TV channels that follow SC tourneys all day every day (commercial entity), or it could be three guys without dates on Saturday night (non-profit entity). Maybe if I understood legalese I might discover that this section isn't quite so vague, but the TOUA does go in-depth to explain/cover definitions/bases whatever in other sections, specifically so no one gets any ideas. But here they do the opposite for apparently the same reason: so no one gets any ideas.

Now even if we assume Blizzard may be lenient in this regard and those three guys without dates get a pass, the question of gaming clans still remains. As written, gaming clans (which can be commercial or non-profit) are forbidden from engaging in clan matches, either internal or external, without written consent from Blizzard itself (which may or may not in fact be a painless process).

As for sticking it to the man, there were and are third-party alternates to battle.net for SC1. The safe money's on expecting folks to do the same with SC2. Handing out .torrent links is much cheaper than copies of the game. And oh yeah, Activision doesn't get money from that.

*****

I myself, two posts ago, wrote:
I think I'm going to try to write up another post wherein I'll try a more rational approach and search for solutions instead of problems. Stay tuned.
Okay let's see what I can come up with.

Blizzard wrote:
You agree that you will not, under any circumstances…
…2.3 - Use the Service for any "e-sports" or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without Blizzard's prior written consent.
As speculated getting consent may be a painless process. Also maybe this means that public competitions are off-limits, but private ones may be free game. If this is the case there wouldn't be any problems whatsoever, for both sides. May probably have to consult Blizzard on this.

Blizzard wrote:
2.4 - Use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through any Game or the Service…
This I can see as just being good sense. Yes it's my RAM, but if it's their code, it's their code. This is here so that Blizzard can slap people who make/use hacking programs or create third-party alternatives to b.net. The first I wholeheartedly agree with, the second, well, they can't really touch pirate-copies of the game can they.

Blizzard wrote:
2.5 - Modify or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by Blizzard;
Again, likely to fight the hacks. Depending on their authorization policy to modding, this again may be a moot point. We need to find what their policy on game modification is however.
Oh wait...
Blizzard wrote:
2.1 (You agree that you will not, under any circumstances) use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service, any Game or any Game experience;
You don't... say. Then again Blizzard's games aren't well known for their vibrant mod communities.

Blizzard wrote:
2.6 - Host, provide or develop matchmaking services for any Game or the Service, or intercept, emulate or redirect the communication protocols used by Blizzard in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
2.7 - Facilitate, create or maintain any unauthorized connection to any Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or any Game; and (b) any connection using programs or tools not expressly approved by Blizzard;
This aint going to stop the pirates, and if we're buying legit copies of the game, we're doing it basically for the battle.net service anyway. I can't believe I actually missed in here the expressly stated ban on network play. That's still a problem but again, piracy can probably fix this ill.

But there are other problems. About matchmaking services... so if I organize a night playing with friends, say a super-minor tourney, and use a sheet of graph paper to organize who plays with whom and when... Yeeaah... Then again is not as if Blizzard can stop me from doing that.

Blizzard wrote:
5.6 - Account Suspension/Cancelation. BLIZZARD MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU...
Keep your head down, basically. And if the service goes belly-up, find an eye-patch, mateys.

Blizzard wrote:
8.1 - Agreements. Blizzard will update this Agreement as the Service and law evolves with new versions (each a "New TOU")... If you decline to accept the New TOU, or if you cannot comply with the terms of the New TOU for any reason, you will no longer be permitted to use the Account... Blizzard may also revise other policies, including without limitation the Code of Conduct and other In Game Policies and the Privacy Policy, at any time, and the new versions will be available on the Website. If at any point you do not agree to any portion of the then-current version of this Agreement, the Code of Conduct the Privacy Policy, or any other Blizzard policy or agreement relating to your use of the Service, you must immediately stop using the Service.
If you don’t like the changes: Yar har, fiddle di dee...

Blizzard wrote:
8.2 - Software and Services. In an effort to improve its products and services, Blizzard may require that you download and install updates to the Service and to the Games you have installed on your computer. You acknowledge and agree that Blizzard may update the Service and the Games, including the Game client(s) on your computer, with or without notifying you.
As I said, I put up with it for Steam. I personally can live with this one. Blizzard is good with patching their games, so I don’t expect any patches to actually introduce problems.

Blizzard wrote:
9.1 - Game clients and Service. The Game clients and the Service (including *stuff*) are copyrighted works owned by Blizzard and its licensors. Blizzard reserves all rights in connection with the Games and the Service, including without limitation the exclusive right to create derivative works. You agree that you will not create any work based on the Games or the Service except as expressly set forth by Blizzard in contest rules, or in Blizzard's Fan Policies, which include without limitation Blizzard's Machinima Policy and Fan Art Submission Policy...
Their fan art policy seems only to apply to fan art submitted directly to Blizzard for their Fan Art Program page. The policy itself is also lenient anyway, though I have the nagging feeling that may change soon. Their machinima policy is also quite reasonable. At least they actually got it that fan art and machinima help advertise their games.

Blizzard wrote:
9.2 - Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BLIZZARD. Blizzard does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void.
I may not approve of the actual business model (the customer pays for a licence to play a game that's still owned by Blizzard, basically an elaborate cybercafé kind of setup) this does make sense within the model they're using. You don't go to a cyber-cafe and tell the owner that the game you're playing, or the machine you're playing it on, is legally yours, do you? In fact, extending this analogy explains why they're not thrilled with modding, either. Again, you don't go to a cybercafé and install stuff on the machines.

Still, I'm not happy that we can't purchase a game with a single player campaign. If all this battle.net nonsense was just for battle.net and online play, there'd be absolutely no issue as far as I'm concerned, but this bollocks is being forced on the SP aspect of the game too as far as I understand.

Blizzard wrote:
9.3 - Virtual Items. Blizzard owns, has licensed, or otherwise has rights to all of the content that appears in the Service or the Games. You agree that you have no right or title in or to any such content...
Again, given the game model, this makes sense.

Blizzard wrote:
10. Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. If you choose a recurring subscription for any Game, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you cancel the subscription or the Account. Blizzard may revise the pricing for the goods and services offered through the Service, including without limitation subscription plans for any Game, at any time. YOU ACKNOWLEDGE THAT BLIZZARD IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PREPAID TIME WHEN THE ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
This seems to apply just for WoW anyway... for now.

Blizzard wrote:
12.4 - User Content. "User Content" means any communications, images, sounds, and all the material and information that you upload or transmit through a Game client or the Service, or that other users upload or transmit, including without limitation any chat text... *Blizzard owns what you say.*...To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
This is one of the reasons we have such stuff as Steam and Ventrillo. Just pretend to be a silent and/or strictly professional type when you're online.

Blizzard wrote:
12.5 - Content Screening and Disclosure... However, our representatives may monitor and/or record your communications (including without limitation chat text) when you are using the Service or playing a Game, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications... WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON...
They can only control your bigotted, chauvinist prattling if you're broadcasting it through battle.net itself. Again, silence is golden. On the upside these clauses may promote people to actually not be asses in the actual game.

Blizzard wrote:
12.6 - Real Life Friends Feature and Identity Disclosure. The Service allows you to disclose your identity to other users of the Service through the "Real Life Friends" feature. .. IF YOU OPT-IN TO THE REAL LIFE FRIENDS FEATURE, THOSE PEOPLE YOU DESIGNATE AS "REAL LIFE FRIENDS" WILL BE ABLE TO SEE THE NAMES OF YOUR OTHER "REAL LIFE FRIENDS," AND YOUR NAME WILL BE VISIBLE BY THOSE PEOPLE THAT YOUR "REAL LIFE FRIENDS'" HAVE DESIGNATED USING THE SAME FEATURE...
Don't have real life friends. At least not on Battle.net. If you want voice chat, get Vent or something.

Blizzard wrote:
16.1 - *The in-game advertising.*
Forced advertisements are not fun. Hopefully they won't be too obnoxious. Also, I bet someone's going to figure out an ad-blocker for this. I don't think I'll actually start complaining until the advertisements hit us with obnoxious sound bites.

Blizzard wrote:
17.8 - Equitable Remedies... you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the TOU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Keep. Your. Fucking. Head. Down.

Overall the situation may in fact be bearable. And if things turn to complete shit, there's still always the pirate option.
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Blaster
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PostPosted: Mon Aug 09, 2010 7:29 am    Post subject: Reply with quote

Simon, are you an aspiring Cracked writer?
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PostPosted: Mon Aug 09, 2010 9:18 am    Post subject: Reply with quote

Blaster wrote:
Simon, are you an aspiring Cracked writer?

I had a very similar impression, the style is much like theirs. Not that it's a bad thing.
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Sal, you're my favourite member again.
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PostPosted: Mon Aug 09, 2010 9:50 pm    Post subject: Reply with quote

It's because I intersperse my rants with pictures, isn't it.

Totally intentional, maybe.
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PostPosted: Mon Aug 09, 2010 10:47 pm    Post subject: Reply with quote

Well it's not particularly funny and I did read through it only because I was bored, not because I was interested in the subject itself. Shoehorn all of that into some sort of a top 10 list and the job is as good as yours.
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PostPosted: Mon Aug 09, 2010 10:57 pm    Post subject: Reply with quote

Does it make me an even worse person if I said I really couldn't care less aboot Srarcraft II?
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PostPosted: Thu Aug 12, 2010 9:04 pm    Post subject: Reply with quote

Not really. Does it make me any worse when i say i only read this so Simon would stop spamming me on Steam?
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Digitaaliklosetti wrote:
...so I could grab at those loose, flappy leathery parts on her arms and pretend that, together, we are Batman....
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PostPosted: Fri Aug 13, 2010 1:49 am    Post subject: Reply with quote

I got Starcraft 2 working perfectly in WINE today. After this discovery I ditched the Windows partition on my machine completely. Screw Microsoft and their crappy software.

Apart from Excel but I can always run that in WINE too...
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Simon_Says wrote:
Sal would know. He stole many jobs from guys named Shaun.
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PostPosted: Fri Aug 13, 2010 3:07 pm    Post subject: Reply with quote

This is why I don't READ that shit...


Very Happy
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PostPosted: Fri Aug 13, 2010 6:17 pm    Post subject: Reply with quote

Frost wrote:
Hello, I'm a spokesperson for Activision. We would like to assure you that appearances to the contrary, the Terms of Use Agreement you will be accepted will in no way hinder or cause dissatisfaction with your purchase of Starcraft 2. We would also like to remind you that Starcraft was the game that spawned the concept of the the zerg rush and so being attentive is for prunes.

And oh yeah, we don't hold any responsibility for whatever you do to yourself for being an ADD tard. If you behave like on on battle.net and we think it's funny we'll post it on YouTube. We'll also do you the honours of posting your real name when we do so. We will also block yo-our account for your own safety.

Thank you, and have a pleasant game.


...

Frost wrote:


*****

Now may be a good time to mention that despite my Rage of the Thousand Suns, I've just ordered the SC2 Collector's Edition over Amazon today.
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PostPosted: Fri Aug 13, 2010 9:07 pm    Post subject: Reply with quote

Simon_Says wrote:
Now may be a good time to mention that despite my Rage of the Thousand Suns, I've just ordered the SC2 Collector's Edition over Amazon today.

You certainly don't lack for commitment.
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PostPosted: Sat Aug 14, 2010 4:09 am    Post subject: Reply with quote

I figured a good game was worth more than giving myself an ulcer.
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PostPosted: Sat Aug 14, 2010 6:02 am    Post subject: Reply with quote

Simon_Says wrote:
I figured a good game was worth more than giving myself an ulcer.

and worth paying for three times?
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PostPosted: Sat Aug 14, 2010 7:23 am    Post subject: Reply with quote

Expansion packs are expansion packs.
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PostPosted: Mon Aug 30, 2010 5:04 am    Post subject: Reply with quote

Do I even want to know where you got that picture?
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PostPosted: Mon Aug 30, 2010 12:22 pm    Post subject: Reply with quote

Somewhere off the forum, I've seen it before...
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