Lt. Commander
Join Date: Dec 2007
Posts: 120
# 21
02-01-2010, 11:29 AM
Quote:
Originally Posted by Jeronas
If one thing has been proven already. Then it's that EULA's don't hold up in court.

The EULA is just there to scare the player. Nothing more.

Look up that joker that tried suing Sony for being permabanned from PSN.

The reason? Trolling, insulting others, and cussing - all violations of the EULA.

It stood up in court - the judge threw the lawsuit out.

Said joker's now appealing, and attempting to add more charges.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 22
02-01-2010, 11:29 AM
Honestly, you're just blowing out of proportion their blwoing things out of proportion. I doubt any of them are seriously intending to sue, they're just hoping to goad Cryptic's overtaxed support department to prioritize them first.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 23
02-01-2010, 11:30 AM
Quote:
Originally Posted by Jeronas
If one thing has been proven already. Then it's that EULA's don't hold up in court.

The EULA is just there to scare the player. Nothing more.
EULAs don't normally hold up in court because people aren't 'forced' to read it and that they're filled with obfuscating words designed to annoy people into not reading them.

In cases where the TOS was relatively short, worded in laymans terms, and had to be scrolled all the way down before the accept button appeared/wasn't grayed out, then they were honored in court as far as I know. Cryptic should do the latter during the sign-up process, as their EULA's pretty straightforward and short.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 24
02-01-2010, 11:32 AM
Quote:
Originally Posted by UlfricDraka View Post
People keep saying this - but none of them have ever actually managed to cite the case where it was proven. Maybe you can be the first and actually point me at the case law, because so far it's just something that people who don't like obeying the EULA keep spouting on forums.
It's been disproven, too - twice.

First one is the Blizzard/Vivendi vs. MDM suit - MDM made a bot to play WoW and sold it. Blizzard stepped in, and won the case on both technical and EULA grounds.

Second was that joker who sued Sony over being permabanned from PSN. His offense? Trolling, insulting others, and swearing - all EULA violations. The case was thrown out by the officiating judge.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 25
02-01-2010, 11:32 AM
Quote:
Originally Posted by Natural_Disaster View Post
or that mythical law suit of the woman driving the RV, turned on Cruise Control, went back to make a cup of coffee (or something) and the RV obviously crashed. Won the case against the RV company because they didn't say cruise control isn't autopilot. Or something to that effect. Could be a myth though.
It is indeed.

http://www.stellaawards.com/bogus.html

Same site also talks about the McDonald's case, which isn't anywhere near as cut and dried as most people seem to think. Up to and including how much she was awarded. A jury awarded her $2.9 million, the judge reduced that to $640,000, and then she settled out of court for an undisclosed amount to avoid appeals. She had initially just asked McDonald's for $20,000 to cover medial expenses. They offered her $800.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 26
02-01-2010, 11:32 AM
Did you know that new ovens now must have a label on the door that reads, "This door cannot hold more than 50 lbs. Do not use as a step ladder."?

Yeah, and coffee cups actually have to tell you that coffee is hot. Like, duh.


Lt. Commander
Join Date: Dec 2007
Posts: 120
# 27
02-01-2010, 11:34 AM
Quote:
Originally Posted by Blackavaar View Post
Did you know that new ovens now must have a label on the door that reads, "This door cannot hold more than 50 lbs. Do not use as a step ladder."?

Yeah, and coffee cups actually have to tell you that coffee is hot. Like, duh.


you know what the world is coming to...

BRAWNDO! IT HAS ELECTROLYTES!
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 28
02-01-2010, 11:34 AM
Quote:
Originally Posted by Callasan View Post
Do companies like Sony count?

Couple of months ago, some joker got permabanned from PSN for trolling, insulting players and language. He tried suing Sony - the case got thrown out of court. Said joker's not done, though - he's appealing and adding charges.

Pretty LOLworthy, if you ask me. The guy clearly violated the EULA, which the judge treated as a contract and didn't let the frivolous laysuit get to trial.
Hehe. Yeah, stuff like that. Love it.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 29
02-01-2010, 11:35 AM
Well, I can attest, at having to keep a small retinue of lawyers on retainer, that people will sue for just about anything...

If you got the money, or you're going after deep pockets, you can find a lawyer who will do your bidding.

Just my 2.5 cents as I finish e-filling payroll taxes.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 30
02-01-2010, 11:36 AM
Quote:
Originally Posted by gungin_garbonzo
you know what the world is coming to...

BRAWNDO! IT HAS ELECTROLYTES!
LOL

It's what plants crave.


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