Any lawyers out there?
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Join Date: Dec 2007
02-06-2010, 09:01 AM
Originally Posted by
Its a good thing Cryptics only SLA (Service Level Agreement) is the ones they get being a customer to AT&T
Ever heard of one of thos?
EULAs are not legally binding btw.
Now you're just making me laugh. Ever heard of "burden of proof?"
There's not a single precedent that establishes that an EULA is NOT legally binding. The argument could be made that when you purchased your copy of Star Trek Online, and signed the EULA, you entered into a mutually binding contract that protects Cryptic Studios (as well as Atari) from any legal repercussions regarding development and release of the game as perceived by the end user. Essentially, you can't sue them for not delivering on YOUR expectations. As long as they're within THEIR terms of service, they're safe from a legal standpoint. Find a clause in their EULA or ToS that states that they have to have a "complete" game by the standards of the end user. You won't.
On top of that, there ARE precedents set that state that a shelved software product need not be complete in its original retail form. Look at Windows. Every single time a new version of Windows hits stores, it's incomplete. All the way up until the third or fourth service pack. You see them getting sued? A lot more people use Windows than play STO.
Your best bet is not from a legal, but from a financial standpoint. Boycott the game. That'll have more success than a frivolous lawsuit.
Edit: That is to say, "It won't have any success at all, but you'll look like slightly less of an idiot."