Joystiq http://www.joystiq.com Joystiq http://www.blogsmithmedia.com/http://www.joystiq.com/media/feedlogo.gif Joystiq http://www.joystiq.com en-us Copyright 2013 Weblogs, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/<![CDATA[Valve given ultimatum by German consumer organization over EULA]]>http://www.joystiq.com/2012/09/26/valve-given-ultimatum-by-german-consumer-organization-over-eula/http://www.joystiq.com/2012/09/26/valve-given-ultimatum-by-german-consumer-organization-over-eula/http://www.joystiq.com/2012/09/26/valve-given-ultimatum-by-german-consumer-organization-over-eula/#comments Valve given ultimatum by German consumer organization over EULAValve must respond by October 10 to a desist order from the Federation of German Consumer Organizations, otherwise the company faces a potential lawsuit. The Federation of German Consumer Organizations, or VZBV, wants Valve to change Steam's recently updated end-user license agreement (EULA), which prevents customers from bringing class-action lawsuits against the service.

As Cinema Blend reports, the VZBV argues that users are coerced into agreeing to the updated EULA, because if they don't they lose access to their Steam accounts. The VZBV also wants Valve to enforce the European Court of Justice's ruling made in July, which states that authors cannot oppose their 'used' digital download software being resold.

Cinema Blend notes a suspicion that Steam's updated EULA is designed to protect Valve from class-action lawsuits related to the EU ruling. The VZBV originally gave Valve until September 26 (today) to respond to its desist order, but the organization later extended the ultimatum to October 10. We've reached out to Valve for comment.

JoystiqValve given ultimatum by German consumer organization over EULA originally appeared on Joystiq on Wed, 26 Sep 2012 12:15:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>EULAeuropegermanysteamvalveVZBVWed, 26 Sep 2012 12:15:00 EST<![CDATA[Service helps users opt out of EULA class-action prevention]]>http://www.joystiq.com/2011/10/05/service-helps-users-opt-out-of-eula-class-action-prevention/http://www.joystiq.com/2011/10/05/service-helps-users-opt-out-of-eula-class-action-prevention/http://www.joystiq.com/2011/10/05/service-helps-users-opt-out-of-eula-class-action-prevention/#comments If you're looking to opt out of the class-action lawsuit prevention clauses inserted by certain companies like Electronic Arts for Origin and Sony for PSN, a new service is seeking to streamline the process. The trick about opting out is consumers must send something known as a physical letter and use a "stamp" (an antiquated method of payment, we understand, to facilitate this analog-mail). Because this letter-mailing artform has been lost to time, GamersOptOut.com will help.

Continue reading Service helps users opt out of EULA class-action prevention

JoystiqService helps users opt out of EULA class-action prevention originally appeared on Joystiq on Wed, 05 Oct 2011 15:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>class-actionEULAgamers-opt-outgamersoptoutlawsuitmicrosoftopt-outOriginpcplaystationps3PSNTOSxboxWed, 05 Oct 2011 15:00:00 EST<![CDATA[EA revises Origin EULA; data collection is still in, collection for marketing is out]]>http://www.joystiq.com/2011/08/26/ea-revises-origin-eula-data-collection-is-still-in-collection/http://www.joystiq.com/2011/08/26/ea-revises-origin-eula-data-collection-is-still-in-collection/http://www.joystiq.com/2011/08/26/ea-revises-origin-eula-data-collection-is-still-in-collection/#comments This week, people finally got around to reading the end user license agreement for EA's download service Origin, and found that it allowed EA to collect personal and usage data for marketing purposes. This contrasts with Steam's EULA, which allows Valve to collect and store information related to Steam and other Valve software only.

In response, EA issued a new, much softer-sounding version (PDF link here) of Origin's EULA. The new version no longer mentions marketing, but maintains the right to collect "nonpersonally identifiable data, including computer configuration, software usage, and peripherals connected. EA specifies that this data collection is done "for purposes of improving our products and services, providing services to you, facilitating the provision of software updates, dynamically served content and product support as well as communicating with you."

EA also added a note that seems directly inspired by the outcry over the last EULA. "EA knows that you care how information about you is collected, used and shared, and we appreciate your trust that we will do so carefully and sensibly," the document now reads. "Information about our customers is an important part of our business, and EA would never sell your personally identifiable information to anyone, nor would it ever use spyware or install spyware on users' machines."

JoystiqEA revises Origin EULA; data collection is still in, collection for marketing is out originally appeared on Joystiq on Fri, 26 Aug 2011 14:30:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>electronic-artseulaoriginpcprivacyFri, 26 Aug 2011 14:30:00 EST<![CDATA[Sony files to dismiss 'Other OS' class action lawsuit]]>http://www.joystiq.com/2010/09/20/sony-files-to-dismiss-other-os-class-action-lawsuit/http://www.joystiq.com/2010/09/20/sony-files-to-dismiss-other-os-class-action-lawsuit/http://www.joystiq.com/2010/09/20/sony-files-to-dismiss-other-os-class-action-lawsuit/#commentsFiled under: , ,

SCEA has filed a motion to dismiss a class action brought against the company for its removal of the PS3's "Other OS" feature, which allowed users to install Linux on the system. Sony argues that the lawsuit, a consolidation of seven similar suits filed last spring, fails to present evidence that the company overtly advertised Other OS in its marketing campaigns or on PS3 packaging.

Sony's filing also claims that the PS3 warranty, license agreement and the PlayStation Network Terms of Service "specifically provide PS3 purchasers with a license, not an ownership interest, in the software and in the use of the PSN, and provide that SCEA has the right to disable or alter software features or terminate or limit access to the PSN, including by issuing firmware updates," according to court documents obtained by IGN. (Other OS was removed with a firmware update; and users who decline any update are barred from PSN.)

Additionally, Sony has requested that the "class" allegations be stricken from the suit because the plaintiffs did not all use Other OS in the same way. In fact, one of them never used the feature at all. With Sony presenting some seemingly solid grounds for the lawsuit's dismissal, it might be prudent for the plaintiffs to call a key witness to the stand when the two parties meet before a judge on November 4. How about ... the United States Air Force?

JoystiqSony files to dismiss 'Other OS' class action lawsuit originally appeared on Joystiq on Mon, 20 Sep 2010 14:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>class-actioneulalawsuitlegallinuxother-osplaystationps3psnsceasonyterms-of-servicewarrantyMon, 20 Sep 2010 14:00:00 EST<![CDATA[LGJ: Are game resales at risk?]]>http://www.joystiq.com/2010/09/15/lgj-are-game-resales-at-risk/http://www.joystiq.com/2010/09/15/lgj-are-game-resales-at-risk/http://www.joystiq.com/2010/09/15/lgj-are-game-resales-at-risk/#commentsMark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:

A new decision out of the 9th Circuit court of appeals is potentially bad news for GameStop, eBay, gamers and pretty much anyone who buys software. The full decision in Vernor v. Autodesk is available here [PDF], but this column should provide a pretty good summary and analysis of the case, which deals primarily with a legal concept called the "first-sale doctrine." The doctrine, which falls under copyright law, is what allows libraries to lend books, DVDs, CDs, etc., and what allows for the concept of resale.

The first-sale doctrine was added to the Copyright Act of 1976 after being introduced in case law in 1908. In short, the doctrine lets you, as the purchaser of a legal copy of a book, movie, game, or other copyrighted work, resell or give away that legal copy to subsequent owners without permission from the copyright holder. It doesn't give you any rights to the work protected by the copyright, or the ability to otherwise violate the copyright by making copies of the work; it only removes the copyright holder's control over legal, physical copies of the work after they are first sold to a consumer. In other words, GameStop's business owes everything to this doctrine.

Continue reading LGJ: Are game resales at risk?

JoystiqLGJ: Are game resales at risk? originally appeared on Joystiq on Wed, 15 Sep 2010 22:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>9th-circuit-court-of-appealscolumnsEULAfirst-salefirst-sale-doctrinelaw-of-the-gamelegallgjresalesoftwarevernor-v-autodeskWed, 15 Sep 2010 22:00:00 EST<![CDATA[UK game retailer claims 7,500 souls with a legal agreement prank]]>http://www.joystiq.com/2010/04/16/uk-game-retailer-claims-7-500-souls-with-a-legal-agreement-prank/http://www.joystiq.com/2010/04/16/uk-game-retailer-claims-7-500-souls-with-a-legal-agreement-prank/http://www.joystiq.com/2010/04/16/uk-game-retailer-claims-7-500-souls-with-a-legal-agreement-prank/#comments Don't think about it, just answer: Do you really read all of those agreements and legal texts that you need to scroll through when installing a game, signing up for a service or buying something online? Really? 7,500 people either don't, or they don't care about their eternal salvation, because UK video game retailer Gamestation could now legally own 7,500 souls if it wanted to. On April 1, it added a clause to its legal purchase agreement that granted the company "a non transferable option to claim, for now and for ever more, your immortal soul," and 7,500 game buyers happily clicked to agree.

The company was just April Fooling -- the claims have been legally renounced, and worried patrons can click through to the website to get their soul back (and a special discount code for their trouble). But next time, you should probably read the fine print a little more closely.

JoystiqUK game retailer claims 7,500 souls with a legal agreement prank originally appeared on Joystiq on Fri, 16 Apr 2010 00:15:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>activisionagreementsbobby-kotickeulagamestationlegallegal-agreementspurchaseretailretailersukFri, 16 Apr 2010 00:15:00 EST<![CDATA[ECA creates Gamers for Digital Rights movement]]>http://www.joystiq.com/2009/10/02/eca-creates-gamers-for-digital-rights-movement/http://www.joystiq.com/2009/10/02/eca-creates-gamers-for-digital-rights-movement/http://www.joystiq.com/2009/10/02/eca-creates-gamers-for-digital-rights-movement/#comments When it comes to dealing with the politics of software piracy, most lobbying groups side with the creators of the content that's being buccaneered. While groups like the Entertainment Software Association are serving a just and noble cause, the Entertainment Consumers Association is worried that this one-sided representation could end up with non-pirates getting the royal shaft. To better voice our plight to agencies such as the Federal Trade Commission, the ECA recently formed an initiative called "Gamers for Digital Rights."

The GDR's mission is to "get the information out to consumers on the ins and outs of content protection," instructing its members on their rights in relation to restrictive DRM and unfair EULAs. Those interested in joining the group can sign up on the ECA's Facebook page. If you're hoping to get into the action right this second, ECA president Hal Halpin has penned a petition you can sign and send to the FTC, who's currently holding town hall meetings to discuss the future of DRM.

Or you can, you know, do none of that stuff. Just don't let us hear you complaining when the next Sporegate debacle starts up.

[Via Shacknews]

JoystiqECA creates Gamers for Digital Rights movement originally appeared on Joystiq on Fri, 02 Oct 2009 10:45:00 EST. Please see our terms for use of feeds.

Read | Read | Permalink | Email this | Comments]]>drmecaentertainment-consumers-associationeulaftcgamers-for-digital-rightspoliticsFri, 02 Oct 2009 10:45:00 EST<![CDATA[LGJ: FTC could target EULAs]]>http://www.joystiq.com/2009/01/30/lgj-ftc-could-target-eulas/http://www.joystiq.com/2009/01/30/lgj-ftc-could-target-eulas/http://www.joystiq.com/2009/01/30/lgj-ftc-could-target-eulas/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:


A few weeks back, I mentioned that the FTC was looking into regulating DRM. Well, in part on some discussions at the Game::Business::Law Conference, I have a sneaking suspicion that the FTC likely won't stop with DRM. In fact, I would be willing to guess that within the next few years, the often maligned End User License Agreement ("EULA") may fall into the realm of being regulated as further "consumer protection." Is it necessary? Well, that's a matter of opinion, really. The only certainty is that it will be able to bring in additional revenue for the government, which is certainly short on cash these days.

If the FTC opts to regulate EULAs, I see three probable scenarios to accomplish its goal. Before I get ahead of myself, I should describe what the theoretical goal of consumer protection is: to prevent companies from taking advantage of consumers. Generally, though, it isn't necessarily the average consumer who's seeing the greatest benefit from the regulations. Often it's the most uneducated consumer, which usually means the regulations tone things down to a level of near absurdity.

Continue reading LGJ: FTC could target EULAs

JoystiqLGJ: FTC could target EULAs originally appeared on Joystiq on Fri, 30 Jan 2009 23:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>consumer-protectionend-user-license-agreementeulaftclawlaw-of-the-gamelgjFri, 30 Jan 2009 23:00:00 EST<![CDATA[Law of the Game on Joystiq: Much Ado About Game Night]]>http://www.joystiq.com/2008/06/04/law-of-the-game-on-joystiq-much-ado-about-game-night/http://www.joystiq.com/2008/06/04/law-of-the-game-on-joystiq-much-ado-about-game-night/http://www.joystiq.com/2008/06/04/law-of-the-game-on-joystiq-much-ado-about-game-night/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games:


Ah, the library (the place with books, not the bar). The once quiet and relaxing readers' domain has moved into the digital age, now containing computers and video games. In fact, a number of non-profits, like libraries, churches, and schools, have all found video game based events worthwhile to attract players of all ages to their establishments, or to add more entertainment to an existing event. GamePolitics actually raised an interesting question I had also received from a reader related to library and church game nights, specifically: What are the potential ramifications of holding these events from a copyright and EULA perspective?

It's actually a very good question, albeit one with a fairly nebulous answer. As was pointed out by the GamePolitics piece, there are licensing services that will acquire the proper license for the public performance of a movie. Similarly, groups like ASCAP have well established licensing procedures for music. The reasoning is that public display and performance are within the bundle of rights a copyright holder has. Therefore, in order to publicly display something, you need to have the copyright holder's permission in the form of a license. Of course, if it were this simple, I wouldn't be writing a column about it.

Continue reading Law of the Game on Joystiq: Much Ado About Game Night

JoystiqLaw of the Game on Joystiq: Much Ado About Game Night originally appeared on Joystiq on Wed, 04 Jun 2008 20:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>columnscopyrightcopyright-infringementeulalawlaw-of-the-gamelicenselicensingWed, 04 Jun 2008 20:00:00 EST<![CDATA[Law of the Game on Joystiq: End User License Aggravation]]>http://www.joystiq.com/2008/03/26/law-of-the-game-on-joystiq-end-user-license-aggrivation/http://www.joystiq.com/2008/03/26/law-of-the-game-on-joystiq-end-user-license-aggrivation/http://www.joystiq.com/2008/03/26/law-of-the-game-on-joystiq-end-user-license-aggrivation/#commentsFiled under:

Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games:

Last week, ECA boss Hal Halpin posted a column discussing the need for the game industry to re-evaluate the big block of text you click to 'Agree' to without reading; aka the End User License Agreement (EULA). While I could write a column about the pitfalls of some actual EULAs, as PC Mag did in January, I will instead address the broader issue that no one has yet pointed out. In general, copyright law and its application to new media has lagged well behind the curve of practicality. I want to start out by saying that I fully believe the idea of copyright is a positive one, as those who create works should be able to protect their rights with respect to those works. However, technology has now pushed the envelope to the point that it is generally impractical, if not nearly impossible to impose the centuries old concept of 'copyright' that originated with the printing press.

Now, that's not to say the powers that be haven't tried to adapt copyright to new media. The Digital Millenium Copyright Act (DMCA) was the last train wreck of an attempt to do just that. The problem with a lot of legislation is that the law is primarily drafted by legislators who, to be quite honest, know next to nothing about what they're trying to legislate, while being prodded by highly paid lobbyists who, generally, represent the side with the most money. Just to be clear, I'm pro-business, but the typical effect of one-sided drafting is that the other side is left in an unpleasant position. Given that I'm also a consumer, I see the need for balance on both sides of this issue, and unfortunately, there isn't much balance at this point in the equation. The addition of the EULA only continues to tip the scales away from the consumer. In general, this isn't a problem for most users, but it certainly has the potential to be one!

Continue reading Law of the Game on Joystiq: End User License Aggravation

JoystiqLaw of the Game on Joystiq: End User License Aggravation originally appeared on Joystiq on Wed, 26 Mar 2008 20:00:00 EST. Please see our terms for use of feeds.

Permalink | Email this | Comments]]>columnscopyrighteulalawlaw-of-the-gameWed, 26 Mar 2008 20:00:00 EST<![CDATA[PSN License Agreement updated - paving the way for things to come]]>http://www.joystiq.com/2007/10/15/psn-license-agreement-updated-paving-the-way-for-things-to-com/http://www.joystiq.com/2007/10/15/psn-license-agreement-updated-paving-the-way-for-things-to-com/http://www.joystiq.com/2007/10/15/psn-license-agreement-updated-paving-the-way-for-things-to-com/#commentsFiled under:

Sony has recently been sending out emails requesting that PSN members check out the new End User License Agreement. The new, updated, agreement includes a load of new content. Specifically, this new new agreement includes rules and regulations for upcoming PSN features; restrictions on uploading vulgar or offensive content, spreading viruses or posting spam to other users. Obviously, this is most relevent for Home, but can also be linked to other games and services.

The updated EULA goes into effect on October the 30th. There has been some confusion with the version number of the EULA, which has been upgraded to 2.0. This has nothing to do with firmware version 2.0 and anyone expecting the mythical firmware update to come at the end of the month is setting themselves up for disappointment. What the new EULA does mean is that more exciting functionality for the PSN is on its way and that Sony are building their legal barriers just in case someone decides to get a bit saucy whilst playing Singstar in front of the PlayStation Eye.

JoystiqPSN License Agreement updated - paving the way for things to come originally appeared on Joystiq on Mon, 15 Oct 2007 13:00:00 EST. Please see our terms for use of feeds.

Read | Permalink | Email this | Comments]]>EULAPSNMon, 15 Oct 2007 13:00:00 EST