I’d argue that nothing is legally binding, especially on a computer or internet. The law has not caught up with technology and I doubt it ever truly will. But more importantly just because I click a button saying I agree to a wall of text I would need to spend 6 years of my life studying for to have any chance of truly understanding, does not mean when I click the agree button that contract is now law or binding. All it does is help protect the side that made it from every customer they might have. What it does not do is limit my rights or ability to sue or comply with the contract. What if somewhere in the wall of text cryptic put in a claws that ur first born child must be put to work in a factory making footballs for a maximum of 1 year?
My first question would be, how do u know they have not, did u read and understand the whole thing when u agreed to it?
Secondly, sometimes we have laws that can trump any binding contract. I could not give away my first borns fundamental freedom like that in the first place no matter how good the contract was.
Thirdly, if I could give away there freedom like that I could still go through the courts and argue my case and win, setting precedent which makes way for an actual law.
In this day and age where we can buy a game with out a physical entity and have the whole transaction done online, we as consumers have less and less rights as the law is very murky in this regard.
I don’t think gaming companies should be able to release something they know is not finished, but they can and will continue to do so. And if no one does anything about it then that will only bread complacently in the gaming companies and it will become the standard and much worse then it is now.
It will also bread an industry of greed, instead of spitting out 1 MMO in 5 years they will spit them out like they do with Console titles every couple and instead of creating 1 game and developing it and adding expansions they will just move on from City of Heroes and build the same game with a new name Champions online or use the same game framework but just fiddle with the graphics and the interface and give us Startrek online.
This will become the norm if we let it. The MMO format is a publishers dream come true, instead of having to spend years making the game and then another year making sure it works they can spend a few years making something that approaches ‘playable’ then release it as a game, get the money they spent to make it sooner then they would and then get money each month to develop it to how it should have been on the proper release date. They are now releasing games still in development and they have figured out a way to charge us for the privilege to pay them to do what they should have done in the first place. They are not to blame, they are a company and the first priority of any company is to make money, it is never to make the customers happy. The ones to blame are ourselves for letting them do it.
So I ask, do u want this to continue happening and if not how else other then a lawsuit can we control the ppl who make our games. Not playing them is not going to work because we compete with ourselves. Ur friend buys it so u buy it, its half complete and buggy but u know in a years time it should be really good but come that time if u have not been playing it everyone else that has will be so far ahead of u that it will have a massive impact on ur fun.
MMO’s and the internet have made a gaming industry lazy and we have let them. We need to take back some control.
I don’t know if a law suit is a good idea or would work, but I do at least agree with the sentiment that something is wrong with how the gaming companies are releasing there games and something needs to be done for the better.
Internet laws arent fixed yet except for childpron./ theft (to an extent)..and thats about it i think.
Plus there is the whole international thing going.
What may be legal in 1 part of the world probably will not be in another.
Now im sure their company lawyers make these eulas pretty carefully, but i wouldnt be surprised if most of it is copy/paste work with only name changes here and there.
Learn to read and comprehend Engrish. ToS and EULA are far from legally binding as a "contract" or "agreement" can get.
BTW for some of you NOT-know-it-all kid types. The reason almost every ToS and EULA is tossed out.....................................wait for it................................................ .........................It is agreed upon AFTER the game is purchased and opened. Meaning? It is direct conflict with consumer protection laws for a product to have limitations on return or refund built in as an "agreement" that can not be viewed or agreed to until after the restrictions on returning for refund are already broken by the sellers rules or limitations.
It is a catch 22 and is one of the most asinine concepts to ever be used as the legal groundwork to stop people from being able to return a product. Boiled down what game developers are saying is you have to buy the game first and then agree to our rules, which includes if you open the game then you can no longer return it. Pretty damn hard to tell by looking at a sealed box if a product is going to be junk.
Sorry but if the above description works in your itty-bitty mind and actually makes sense, you have far larger problems to worry about and lack the intelligence and common sense to tell someone they have no right or way to force a refund for a faulty product AND service.
Maybe if just once gamers stood up for themselves as a whole we could make an example out of one company and scare the rest into only releasing completed products like console games.
OK assuming first you somehow got around the EULA... good luck with that.
I have played a great deal of single player console and computer games and MMO's too over the years and guess what... every single one of them had bugs and glitches... (Breaks it down to a whisper) every frackin one.
Ever played Kotor 1 and 2 for the Xbox or the Computer ... I have and there both (Gasp) Buggy as heck in spots... and they are made by Bioware.
Get a grip OP there is not one company. Not one... that I have ever seen or worked for that has never had a single bug or issue... ever. When it released or was trying out new software.