EA Adopts "Can't Sue Us." Terms of Service

[Lobster]

cool,

While I cant sue them for.... whatever...

This also means they cant sue me for downloading their games of TPB..

I think we get the better deal )))))

[SA_Scavenger]

I could write on a bit of paper that if I break your kneecaps with a hammer you cannot claim criminal damages and get you to sign it, that's not going to stop you claiming if I then assault you with a hammer, since the terms were not legal...especially not if you were forced into signing.

Stuff like EULAs and TOS agreements are meant to scare you away from doing stuff they don't want you to do, like suing, reverse engineering etc. It is not inherently a legitimate legal document. For instance, there is no general court ruling on the validity of EULAs.

EA's contract itself even says:
"This provision applies to all consumers to the fullest extent allowable by law"

Pretty much saying, "hey this probably isn't legal, but by golly, gosh if it is we will enforce it" If it isn't legal, it can't be enforced. That's why that TOS doesn't apply to the EU, because it is explicitly against EU law...I'm pretty sure.

That's called Duress, I don't know how this would fall under that term. Unless EA and Sony took a baseball bat to your kneecaps before you signed on the dotted line.

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[ProwlerPC]

Our greatest expression of freedom in the western hemisphere is the ability to chose not to purchase something.

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[Switchback]

cool,

While I cant sue them for.... whatever...

This also means they cant sue me for downloading their games of TPB..

I think we get the better deal )))))

This. Now we can steal their engine and mod it however possible and they cant sue us for copyright infringement!

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Power does not corrupt. Fear corrupts... perhaps the fear of a loss of power.

[elrica]

That's called Duress, I don't know how this would fall under that term. Unless EA and Sony took a baseball bat to your kneecaps before you signed on the dotted line.

I don't mean duress. That was a poor example.

I mean, using Xbox games as an example, by the stage you see the contract you have already purchased the game, you have already opened it (at which stage you cannot return it without a barge-load of hassle because the seal is broken) and you have already run their software.

Also, this is a legal document which makes no provisions for a signature, counter-signature, witness, age of the person agreeing to the contract...or well...anything. Just some abstract notion that you -have- read it and -have- agreed to it. If you don't agree to it you cannot use the software/service you have already paid for.

I'd say that is a pretty exploitative arrangement in which to present a legal contract. Particularly if that contract now involves surrendering certain legal rights and is not sufficiently clear.

[jxie93]

This also means they cant sue me for downloading their games of TPB..

I think we get the better deal )))))

Exactly what I thought.

gg EA

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[Pinko]

It's okay, policies like that are illegal in Quebec, so we can sue anyway.

Like Sony'€™s terms of service, EA'€™s don'€™t apply to everyone; in this case, if you live in '€œQuebec, Russia, Switzerland and the Member States of the European Union'€

Yup.

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I want to get off Mr. Igiss' wild ride.

[Backo]

Only claims involving intellectual property, theft and piracy can be taken to court, and in case you haven'€™t noticed, they'€™d mostly involve EA taking other people to court, not the other way around.

Nah, I think they keep their rights to sue you for piracy.

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Republic of the Sword and Sun

[ivr56]

The Origin hate comments are funny.

Becasue you know its not like other programs already do it, just because it's EA its evil.

Also, when was the last time someone sued EA at all? The consumer or a group of consumers? And over what if so?

B. LIMITATION OF LIABILITY.
IN NO EVENT WILL VALVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH STEAM, THE SOFTWARE,

A. EXCLUSIVE REMEDY -- STEAM AND THE SOFTWARE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VALVE WITH REGARD TO STEAM OR THE SOFTWARE IS TO DISCONTINUE USE OF STEAM AND CANCEL YOUR ACCOUNT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VALVE, ITS LICENSORS, AND THEIR AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Origin isnt liable to any damages..
Neither is Valve. Your not giving up your right to court under the TOS no but your not not allowed to hold Valve liable for any damages indirect or direct. Which removes any defense a consumer would go to court for.

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[Avalanche]

I don't understand why this is such a big deal. Just tick the box and play the game, when you're bored uninstall the game or sell it.