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	<title>Comments on: Legal Gets Their Waaugh On</title>
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	<link>http://www.brokentoys.org/2008/09/17/legal-gets-their-waaugh-on/</link>
	<description>Random Comments About Gaming And Tractors</description>
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		<title>By: DoubleD</title>
		<link>http://www.brokentoys.org/2008/09/17/legal-gets-their-waaugh-on/comment-page-1/#comment-16945</link>
		<dc:creator>DoubleD</dc:creator>
		<pubDate>Mon, 22 Sep 2008 19:34:02 +0000</pubDate>
		<guid isPermaLink="false">http://sjennings.wordpress.com/?p=2823#comment-16945</guid>
		<description>This EULA thing is junk. I do remember some one say that by having to acknowledge it every time it comes up makes it worse to actually detect changes in it. One could argue that the normal layman would never take the time to read it every time and by changing it every so subtle would make it even harder for the end user to know it was updated.

Anyways this is what happens when EA has a good chance at a hit, they drowned it in crap. When will in game adds come?</description>
		<content:encoded><![CDATA[<p>This EULA thing is junk. I do remember some one say that by having to acknowledge it every time it comes up makes it worse to actually detect changes in it. One could argue that the normal layman would never take the time to read it every time and by changing it every so subtle would make it even harder for the end user to know it was updated.</p>
<p>Anyways this is what happens when EA has a good chance at a hit, they drowned it in crap. When will in game adds come?</p>
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		<title>By: yunk</title>
		<link>http://www.brokentoys.org/2008/09/17/legal-gets-their-waaugh-on/comment-page-1/#comment-16969</link>
		<dc:creator>yunk</dc:creator>
		<pubDate>Fri, 19 Sep 2008 18:14:31 +0000</pubDate>
		<guid isPermaLink="false">http://sjennings.wordpress.com/?p=2823#comment-16969</guid>
		<description>Personally I think they should have lawyers come to our houses and punch us in the face. We will even like it, it will be like WAR in your living room, it is truly everywhere now!</description>
		<content:encoded><![CDATA[<p>Personally I think they should have lawyers come to our houses and punch us in the face. We will even like it, it will be like WAR in your living room, it is truly everywhere now!</p>
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		<title>By: Lifetimes in Needless Clicks at Kill Ten Rats</title>
		<link>http://www.brokentoys.org/2008/09/17/legal-gets-their-waaugh-on/comment-page-1/#comment-16979</link>
		<dc:creator>Lifetimes in Needless Clicks at Kill Ten Rats</dc:creator>
		<pubDate>Fri, 19 Sep 2008 05:03:06 +0000</pubDate>
		<guid isPermaLink="false">http://sjennings.wordpress.com/?p=2823#comment-16979</guid>
		<description>[...] explicit statement that they do not expect players to read it every time. I will leave you to Lum for discussion and commentary, including links to meta-drama (what the blogosphere is all [...]</description>
		<content:encoded><![CDATA[<p>[...] explicit statement that they do not expect players to read it every time. I will leave you to Lum for discussion and commentary, including links to meta-drama (what the blogosphere is all [...]</p>
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		<title>By: John Moore</title>
		<link>http://www.brokentoys.org/2008/09/17/legal-gets-their-waaugh-on/comment-page-1/#comment-16980</link>
		<dc:creator>John Moore</dc:creator>
		<pubDate>Fri, 19 Sep 2008 01:48:27 +0000</pubDate>
		<guid isPermaLink="false">http://sjennings.wordpress.com/?p=2823#comment-16980</guid>
		<description>So, the game launched. And if you don&#039;t enter your CD key into the system by 7am tomorrow, you don&#039;t get to play.

Given that Amazon shipped my game on the 18th, and UPS says I will not get it until the 22nd, the EULA isn&#039;t the thing that is bugging me about Mythic right now.

I wonder how EA&#039;s lawyers define &quot;grace period&quot;?</description>
		<content:encoded><![CDATA[<p>So, the game launched. And if you don&#8217;t enter your CD key into the system by 7am tomorrow, you don&#8217;t get to play.</p>
<p>Given that Amazon shipped my game on the 18th, and UPS says I will not get it until the 22nd, the EULA isn&#8217;t the thing that is bugging me about Mythic right now.</p>
<p>I wonder how EA&#8217;s lawyers define &#8220;grace period&#8221;?</p>
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		<title>By: Staryx</title>
		<link>http://www.brokentoys.org/2008/09/17/legal-gets-their-waaugh-on/comment-page-1/#comment-16978</link>
		<dc:creator>Staryx</dc:creator>
		<pubDate>Fri, 19 Sep 2008 00:38:55 +0000</pubDate>
		<guid isPermaLink="false">http://sjennings.wordpress.com/?p=2823#comment-16978</guid>
		<description>I remember way back in the day, EQ made you do this, and everyone HATED it. Since then, the MMOs I&#039;ve played (DAoC, Lineage 2, LOTRO, WoW, D&amp;D Online)have been less intrusive with their EULA agreements. This is like going back to the &quot;bad, old days&quot;.

EULAs are like the lawyer version of a  security blanket. Something they seem to have to have around, but it&#039;s ability to protect is tenuous at best.</description>
		<content:encoded><![CDATA[<p>I remember way back in the day, EQ made you do this, and everyone HATED it. Since then, the MMOs I&#8217;ve played (DAoC, Lineage 2, LOTRO, WoW, D&amp;D Online)have been less intrusive with their EULA agreements. This is like going back to the &#8220;bad, old days&#8221;.</p>
<p>EULAs are like the lawyer version of a  security blanket. Something they seem to have to have around, but it&#8217;s ability to protect is tenuous at best.</p>
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		<title>By: Jeff Freeman</title>
		<link>http://www.brokentoys.org/2008/09/17/legal-gets-their-waaugh-on/comment-page-1/#comment-16946</link>
		<dc:creator>Jeff Freeman</dc:creator>
		<pubDate>Thu, 18 Sep 2008 19:56:43 +0000</pubDate>
		<guid isPermaLink="false">http://sjennings.wordpress.com/?p=2823#comment-16946</guid>
		<description>Chas: &lt;i&gt;The result: the user that’s subjected to terms and conditions that he didn’t agree to will win in court.&lt;/i&gt;

And on the other hand, there&#039;s reality.</description>
		<content:encoded><![CDATA[<p>Chas: <i>The result: the user that’s subjected to terms and conditions that he didn’t agree to will win in court.</i></p>
<p>And on the other hand, there&#8217;s reality.</p>
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		<title>By: nerd gone bad</title>
		<link>http://www.brokentoys.org/2008/09/17/legal-gets-their-waaugh-on/comment-page-1/#comment-16948</link>
		<dc:creator>nerd gone bad</dc:creator>
		<pubDate>Thu, 18 Sep 2008 18:02:17 +0000</pubDate>
		<guid isPermaLink="false">http://sjennings.wordpress.com/?p=2823#comment-16948</guid>
		<description>I was only getting my Adventurers in my new D&amp;D 4.0e campaign to sign my EULA and CoC at the start of the campaign...you know, spring it on them after char creation kinda thing.  Dang...now I&#039;m thinking I should probably get them to sign it before EACH play session.   Guess I should consult with my P&amp;P Lawyers again.

There&#039;s so much FUN around gaming these days...awesome.</description>
		<content:encoded><![CDATA[<p>I was only getting my Adventurers in my new D&amp;D 4.0e campaign to sign my EULA and CoC at the start of the campaign&#8230;you know, spring it on them after char creation kinda thing.  Dang&#8230;now I&#8217;m thinking I should probably get them to sign it before EACH play session.   Guess I should consult with my P&amp;P Lawyers again.</p>
<p>There&#8217;s so much FUN around gaming these days&#8230;awesome.</p>
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		<title>By: What Would Matt Do &#187; I has common sense?</title>
		<link>http://www.brokentoys.org/2008/09/17/legal-gets-their-waaugh-on/comment-page-1/#comment-16947</link>
		<dc:creator>What Would Matt Do &#187; I has common sense?</dc:creator>
		<pubDate>Thu, 18 Sep 2008 17:49:11 +0000</pubDate>
		<guid isPermaLink="false">http://sjennings.wordpress.com/?p=2823#comment-16947</guid>
		<description>[...] it turns out Lum may be a whiner. I say we examine the facts to determine said grouser [...]</description>
		<content:encoded><![CDATA[<p>[...] it turns out Lum may be a whiner. I say we examine the facts to determine said grouser [...]</p>
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		<title>By: Ashendarei</title>
		<link>http://www.brokentoys.org/2008/09/17/legal-gets-their-waaugh-on/comment-page-1/#comment-16949</link>
		<dc:creator>Ashendarei</dc:creator>
		<pubDate>Thu, 18 Sep 2008 15:46:24 +0000</pubDate>
		<guid isPermaLink="false">http://sjennings.wordpress.com/?p=2823#comment-16949</guid>
		<description>&quot;We Have Very Limited Experience with Online Games and May Not Be Able To Operate This Business Efficiently&quot;

Best quote of the year, IMO :)

I think you could also translate it to:

&quot;We have NO creative experience with our own games, so we go and acquire other gaming companies and then force our tired ideas down their Devs&#039; throats&quot;</description>
		<content:encoded><![CDATA[<p>&#8220;We Have Very Limited Experience with Online Games and May Not Be Able To Operate This Business Efficiently&#8221;</p>
<p>Best quote of the year, IMO <img src='http://www.brokentoys.org/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
<p>I think you could also translate it to:</p>
<p>&#8220;We have NO creative experience with our own games, so we go and acquire other gaming companies and then force our tired ideas down their Devs&#8217; throats&#8221;</p>
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		<title>By: Chas</title>
		<link>http://www.brokentoys.org/2008/09/17/legal-gets-their-waaugh-on/comment-page-1/#comment-16938</link>
		<dc:creator>Chas</dc:creator>
		<pubDate>Thu, 18 Sep 2008 13:41:24 +0000</pubDate>
		<guid isPermaLink="false">http://sjennings.wordpress.com/?p=2823#comment-16938</guid>
		<description>ravious, you are right... but unless an EULA is presented and agreed to every time you enter the game, there&#039;s an even bigger legal out.  &quot;I wasn&#039;t the person that agreed to the EULA last time it changed.  I share the computer with others.&quot;

...and of course, none of these agreements hold much weight against a minor that can&#039;t legally enter into binding agreements without parents...

... but as we&#039;re seeing more lawsuits involving MMO&#039;s, do you really want to be the one with your defenses so low that you can&#039;t conduct basic account action against, say &quot;gold farmers&quot; or &quot;griefers&quot; without judicial supervision?

Perhaps the better way is to basically put the burden (and the rights) on the account-payer, and tie the EULA into the monthly account-payment.  That person, old enough for a credit card, would agree and take responsibility for the account access...</description>
		<content:encoded><![CDATA[<p>ravious, you are right&#8230; but unless an EULA is presented and agreed to every time you enter the game, there&#8217;s an even bigger legal out.  &#8220;I wasn&#8217;t the person that agreed to the EULA last time it changed.  I share the computer with others.&#8221;</p>
<p>&#8230;and of course, none of these agreements hold much weight against a minor that can&#8217;t legally enter into binding agreements without parents&#8230;</p>
<p>&#8230; but as we&#8217;re seeing more lawsuits involving MMO&#8217;s, do you really want to be the one with your defenses so low that you can&#8217;t conduct basic account action against, say &#8220;gold farmers&#8221; or &#8220;griefers&#8221; without judicial supervision?</p>
<p>Perhaps the better way is to basically put the burden (and the rights) on the account-payer, and tie the EULA into the monthly account-payment.  That person, old enough for a credit card, would agree and take responsibility for the account access&#8230;</p>
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