SL33TBL1ND said:
It's against the Terms of Use policy. They brought this on themselves.
I'll make you a deal.
Go buy a fresh copy of a game, it doesn't matter what game it is, go buy a copy...
... Open it, go on, break that plastic. You like that smell of freshly opened software product complete with some advertisements for hardware don't ya? Smells good right?
Good. Now put the DVD in your tray. Load it up.
Done? Awesome. Now you just have to install the game... oh, hold on, "To play this game you must abide by the following user agreement."
Read the agreement and install the game. Don't play it. Just install it. Now try and get your money back. You can't do it.
Let me take it back to the store and illustrate:
***
"Hi, I recently purchased this game and would like to return it." I say to the nerdy girl behind the counter.
"I'm sorry sir but your box has been opened and the seal broken." Her eyes are full of sympathy, she knows my pain. "I can't give you a refund on this game."
I am confused. I have not yet used the product and I can't return it? I decide to inquire further. "Why not? You sell used games here all the time... just re-wrap it and you're good to go."
Videogame-Counter-Girl sighs and tells me that, unlike console games, a PC game can be copied easily. All I needed was the CD key and since I've had a chance to use it, the game can't be returned. It has been, "Licensed to me for individual use."
I explain that I did not accept the EULA or the ToS. I never installed the game. She suggests calling customer service of the publisher.
***
Quoted from Publicknowledge's Matt Kuhn (26 July, 2010):
"As Blizzard would have it, in a case currently on appeal in the Ninth Circuit, when you pay cash for a copy of one of their games from a local retailer, you haven?t actually bought it. You don?t own that copy; it remains Blizzard?s property and it?s only with their explicit permission that you can install or play the game."
***
Quoted from Starcraft II's EULA:
"THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER YOUR PURCHASE, YOU MAY CALL (800)757-7707 TO REQUEST A FULL REFUND OF THE PURCHASE PRICE."
***
Me: "Hello, I'm calling to request a refund of my purchase for Starcraft 2 due to a disagreement in the End User License Agreement. I have my purchase receipt and it is dated exactly twelve days ago."
Blizzard: "What part of the agreement do you disagree with?"
M: "Section 2.E F and G which limit my ability to create protocols of communication for local area network gameplay. My friends and I are computer science students at Lehigh University and can't get the IT staff to use port triggering for battle.net. This is causing us to be unable to play with each other over the Service and upon researching our rights to alter the game learned that we would face copyright infringement penalties for trying to play with one another."
B: "Well I'm sorry for your trouble. Have you talked with technical support about the issue?"
M: "Yes, we tried all of their suggestions but nothing works because of the campus intranet structure."
B: "That is unfortunate. You have, however, installed the game and in doing so agreed to the EULA. We will not be able to provide you with a refund of your purchase. Can I help you with anything else?"
***
The argument that software (read: a product) is not ours to own after paying for it but is instead a "licensed product to be used only in manners directed by the publisher" is ludicrous. When you pay for a piece of art do you merely obtain a license to hang or display the art? What if I want to use my art in a more creative fashion? I want to buy art to burn it... but that's not part of the license I payed money for.
I have said it time and time again: "
The EULA is not enforceable in a court of law." I will continue to say it REPEATEDLY AND UNTIL THE END OF TIME because it is the "truth." In no system of personal property do you purchase a product and limit yourself only to its intended use (with the notable exception of cleaning products in the case of public safety). I have personally used objects in ways that their creators had probably never intended and I was able to do this because I purchased a product and had free use over all and any functions of said product.
If a guy wants to modify the sound files in SC2 to play Murloc sounds, I say let him. If he wants to modify the in-game portraits to porn, fine. He bought the software and as far as I am concerned he can do
whatever he wants with it.
The argument of hacking multiplayer as a reason to deny the modification of files is weak. If you want to have a secure and hack free multiplayer experience, make the game hash-check files which are relevant to gameplay like constants and mapdata when the game loads. Sure it might take a little while longer, but I'd rather have a moderately longer loading time per game than have my personal freedom and property rights shit on by a corporation.