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Reader Comments (37)

Posted: Oct 5th 2011 3:09PM Aceofwilds said

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Having received a few class-action settlement notices in the past, it's not about the measly amount of $ each individual gets...it's about punishing the corporation for wrong-doing.

Posted: Oct 5th 2011 3:11PM Chris DPSN AggieCEO XBLThe Aggi said

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@Aceofwilds I got a $700 check from the Wal-mart employees class action suit a few years back and I was only with them for 2 years. Nothing like getting a random check in the mail. I don't even know how they knew where I stayed since I have moved a few times but that money went to good use.
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Posted: Oct 5th 2011 4:59PM Rahabib said

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@Aceofwilds
I am glad someone finally gets it.
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Posted: Oct 5th 2011 3:09PM Chris DPSN AggieCEO XBLThe Aggi said

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uhhhhh then must be getting hammered {"response":{"code":"400","message":"Account didn't validate for some reason."}}

Posted: Oct 5th 2011 3:32PM PhaseDMA said

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@Chris DPSN AggieCEO XBLThe Aggi

{"response":{"code":"200","message":"Success.","hash":"3f68bb2477cc38914d55fd91cdd55051"}}
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Posted: Oct 5th 2011 3:10PM baddates77 said

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I want to join in on a class-action lawsuit against the lawyers who handle class-action lawsuits.

Posted: Oct 5th 2011 3:31PM TheShaper said

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@baddates77
Ya dawg, count me in.
But wouldn't our lawyer be, like... sueing himself? Talk about shooting one's own foot.

On the other hand, that's the only kind of lawsuit that America haven't seen yet.
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Posted: Oct 5th 2011 3:15PM (Unverified) said

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Next up will be a EULA prevention clause stopping people from using 3rd party services to submit opt-out requests.

Posted: Oct 5th 2011 3:22PM robob1988 said

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Why do I have to study law and learn about lawsuits in order to play my video games? What is the world coming to. (sarcasmmmmmmmmmmm)

Posted: Oct 5th 2011 3:50PM CaptainProtonX said

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@robob1988

But it's true. The very simple game you want to enjoy for the colors and shapes now has a lawyerfest before you pluck down that cash.

And if there is any online activity, well, you're open to a possible hacker attack to steal your personal data or worse.

Then the hack really happens, and ageship just flies everywhere.

And then there's the litigation that starts from governing bodies why a data holder doesn't have the security to defend itself.

Then come the lawsuits that attack the data holder for ineptitude.

All because you wanted to play the Angry Birds MMO.

So...SIGN THE @#$%^ DAMN EULA!
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Posted: Oct 5th 2011 3:29PM 216 said

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Even though I believe what they're doing is right, I'm not just handing over my Personal Information to some random website.

Posted: Oct 5th 2011 3:29PM Jameseh said

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Or just don't sign up to Origin or PSN, its that simple.

Posted: Oct 5th 2011 3:33PM TheShaper said

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@Jameseh
Yeah! XBL FTW!!!!!!!!!11111111 ONE

(I have nothing against XBL or PSN, BTW)
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Posted: Oct 5th 2011 3:38PM superfrick said

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@Jameseh That's the rub.Not all games give you the option. If I buy a game retail, open it and install it only THEN to find out I have to agree to a restrictive TOS then I'm screwed because I've already bought the game, and it's an uphill fight to get a refund from the store. Regardless of laws that say otherwise. "Store Policy" trumps "The Law" in my personal experience.
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Posted: Oct 5th 2011 3:54PM CaptainProtonX said

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@Jameseh

Yeap. Never connect online with your PSN or Live account. Never play that online mode with your buddies. Never attempt to buy anything from the distribution store. Don't even bother to give the game company further revenue. Also, avoid purchasing games that come with the force FW update.

Matter of fact...just play with your Dreamcast (no, really. Awesome system).

Yeap...simple.
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Posted: Oct 5th 2011 4:05PM TheShaper said

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@CaptainProtonX
You know, its funny. Now EVERYONE LOVES Dreamcast (me included, but hipster me says: "I loved it before it was cool loving it") but where was this support back then? If people praised it back in 1999 and 2000 the way they do now, Sega wouldn't have to prematurely end its life-cycle and go from making consoles to a mere Developer/Publisher. Where were you, all of you, people? You were there but you were dumb? I loved it from the very first time I watched Shenmue intro at a store and bought it right away.
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Posted: Oct 5th 2011 9:56PM kujospam2000 said

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@superfrick you don't send it back to the store, you send it back to the publisher which then has to refund the game out of their own pockets. If people would do that more they might change something. Knowing them they would tape a copy of the tos on the box.
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Posted: Oct 5th 2011 10:13PM CaptainProtonX said

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@TheShaper

Bro, I was here on launch day. I weathered a hurricane to get my system, MvsC, Soul Calibur, and two VMUs.

I now have over 200 games for both my DCs, 5 VMUs, 2 4x VMUs, Maracas, light guns, official VGA Box, and a glimmer of hope that I can land a BBA someday to play one game (Phantasy Star Online will always be a DC game.)

And it sits right next to my PS3 and gets more play time now (I played Ecco tonight).

I've loved it when it was cool from the very beginning. DC fan 4 life.
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Posted: Oct 5th 2011 3:34PM Faenix said

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Give details to some random website on the net, or send the letter to them myself?

No brainer there, at least for me.

Posted: Oct 5th 2011 3:36PM monkeypants said

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@Faenix
exactly
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Posted: Oct 5th 2011 3:43PM sigma8 said

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@Faenix
Agreed. I have not forgotten the art of letter mailing. If this encourages more people to opt-out, that good on it.

That said, it's quite a racket. The people running it are obviously queuing up the letters to send, which might backfire based on when the person accepted the new EULA, but it works nicely for them because they can use a nice bulk postage rate. They're getting contributions, too, and they list the contributions in terms of how many stamps they're worth--undoubtedly full-price stamps.

Names + Addresses + maybe some money? = profit
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Posted: Oct 5th 2011 3:36PM Suichimo said

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Why not just bring a class action suit against EA and Sony for forcing you to waive your rights just to use their service?

Posted: Oct 5th 2011 3:43PM sigma8 said

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@Suichimo
Except that the Supreme court upheld this as being OK in other cases, so it has legal precedent.
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Posted: Oct 5th 2011 3:59PM Aceofwilds said

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@sigma8

Class action lawsuit against the Supreme Court for upholding it then.

(But seriously, consumers need to have some sort of recourse for calling BS on dumbass rulings like that one).
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Posted: Oct 5th 2011 3:52PM Courtney said

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I got an email from Barnes and Noble the other day notifying me that they had purchased some of the assets of Borders, including lists of people who had bought online. They explained how they wanted to use this information, and then provided a simple online way to opt-out, removing my information from their possession.

It was classy, respectful of consumers and informative. It's sad that I was shocked to see consumers addressed that way given how corporations generally approach their customers.

Posted: Oct 5th 2011 4:25PM Heffer Wolfe said

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@Courtney

The difference between Barnes & Noble and Electronic Arts is that Electronic Arts thinks that it can sell you a product yet say that you're "licensing it." By extension, that means that they own you as long as you want to play the game you payed a significant amount of money for.

It's pure greed. Of course, we see greed almost everywhere, but THIS kind of greed seems to be exclusive to the video game industry.

It makes me nostalgic for the days where you bought a cartridge and that was it. You didn't need to have any further connection with the publisher/developer/manufacturer if you didn't want to because they didn't have access to any of your information, your computer, or your console.
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Posted: Oct 5th 2011 3:58PM BlazeKing said

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*waits for the "Don't Opt Me In Bro" service*

Posted: Oct 5th 2011 5:11PM blueskyv201 said

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So, the funny part about this is that they can't legally take away your right to sue them. That's illegal.

The terms of the contract have to be legal in order for the contract to be valid. I can't sell my child into slavery with a contract.

I don't have a law degree though, so I could be wrong.

Posted: Oct 5th 2011 5:11PM blueskyv201 said

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@blueskyv201
It appears I might be wrong.
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Posted: Oct 5th 2011 5:17PM Electrium said

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It is odd for me to not trust my personal information with someone who wants to identify themselves with "hax" ...?

http://twitter.com/#!/jaku

Posted: Oct 5th 2011 7:40PM (Unverified) said

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@Electrium nah, it's perfectly safe to not trust me. But in all seriousness I'm a nice guy. I work as a Security Consultant at Trustwave so you can google me or whatever. "hax" isn't suppose to be taken to serious it's more of a joke. But you also seem to be the first to notice that. :)
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Posted: Oct 5th 2011 5:19PM zzenigmaxzz said

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ok am i doing something wrong? i enter in my info and then theres no submit button, only a button to cancel and go back.. and even thats not working

Posted: Oct 5th 2011 5:23PM ManisObsolete said

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Class action does more damage to the market than it does good for those that get payouts, and the only true victor are lawyers. That's why you see so many crappy lawyer commercials. They are all trying to drum up class action suits to make more money, not for you but for them.

I believe in the right to sue, but I would rather vote with my dollar instead. If you don't like the work conditions at Wal-Mart first sell all your stock you may have, stop shopping there regardless of discount, and look for a new job. If people did that instead it would have been far more successful and probably forced Wal-Mart to actually change it's policies. Instead they give everyone $700 and lawyers millions more and call it good.

Posted: Oct 5th 2011 5:35PM mietha said

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That looks a whole lot like giving someone I've never heard of before everything they need to steal my account. Um, pass.

Posted: Oct 5th 2011 6:07PM TonyGeezy said

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EULAs haven't even been challenged in court, a future ruling could determine them to be not valid at all. Any standard contract between two parties must be voidable, that is, subject to negotiation and approval, so it's a standard practice to strike out portions that aren't agreed upon. Since EULAs offer no mechanism to do so, they have not been proven to be legitimate contracts in their own right. Any nonsensical clause could be included without any way for the end user to redact.

http://www.bit-tech.net/news/gaming/2010/04/15/gamestation-we-own-your-soul/1

People in the UK don't even have to worry about this and are already covered: http://en.wikipedia.org/wiki/Unfair_Contract_Terms_Act_1977

As are Californians: California’s Consumer Legal Remedies Act explicitly prohibits “[i]inserting an unconscionable provision in the contract.” Cal. Civ. Code § 1770(a)(19).

Be sure to write and ask your civil servants to protect your rights by appointing bills that explicitly prevent atrocities such as this. One-way agreements definitely stomp all over your rights without allowing you any recourse.

Don't support such bullish tactics nor the companies that employ them. And know your rights, they could save your ass.

Posted: Oct 5th 2011 6:54PM glemtvapen said

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This is a god-send but I have a question. Do I first accept the TOS first, then use the website to opt out?

Posted: Oct 5th 2011 7:59PM zzenigmaxzz said

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@glemtvapen yes you have to accept first
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