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ya microsoft probably made cost assessement and decided it costed less to pay them and shut their trap they put their lawer on the case ms is a company so if its no important they pay the least lol in this case it doesnt concern ms at all so they payed and said to them SHO SHO GO AWAY LOL its just a price for ms the cheaper thing if court way would have been cheapper they would have went to court till the suer die |
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Originally posted by jessian Its only fraud if you cant play on ANY server on ANY side and even then it would be hard to hit them with it as in their ToS they make no promises on uptime. That being said, in the NA launch there are 2 servers with 0 queues, everyone keeps trying to get onto the busy servers with queues. If its like that in EU then its not NCsofts fault, its people being to stubborn to play on the less crowded servers. If you get on the highway, and there is a traffic jam, do you sit in it and scream at the traffic or do you hop on a side street that has no traffic? If you have the option, most sane people will take the side street. NCsoft has provided side streets, people just want to drive on the highway, and due to that they will have to wait. Darkfall News |
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Originally posted by Wizardry I commented on this very subject in a FFXIV post. Devs may be getting away with a total bs TOS they FORCE you to sign,but the days are coming when they won't.It will only take a handful of half ass lawyers to point out ,you cannot FORCE someone to sign something they have not seen yet.Yes they are FORCING you because the INTENT was for you to play after the purchase ,not to press no to the TOS lol. It is basically like saying car manufacturers can force you to sign a waiver that anything and everything that happens to the car is your fault not theirs.Cars are respected more amongst the community because even the judges and lawyers drive cars,so the law has a firm grip on that industry.The time is coming however,eventually there will be MANY laws prohibiting what a developer can print in their TOS and FORCE you to sign. IMO yes NCSOFT sold the game fraudulently.The reason is because you cannot sell someone a move pass,then there is no movie.You cannot sell someone gas that is water and will not run your car,ect ect,you cannot sell a game that someone cannot play. 1 You purchase a subscription,a service,the service was NOT provided,they owe you. 2 you purchased the game,with full intent to PLAY the game,no law anywhere should deem it that you made a purchase for the sole reason to own a cardboard box and a useless CD.In essence if you cannot play the product, does not work.It would be like the car lot sells you a car,sure it "CAN" work,but without the keys ,it's useless.
Yeah you would think it's this way, but usually in an MMO's terms of service they say if servers are down or go out, that's just tough shit for you. |
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just wanted to say that at least in some eu countries these eula and tos have no legal base since you don't have to sign them before buying the game. |
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Fraud as a statute is covered under provissions of criminal law and defendants are therefore guaranteed due process in conditions far different than what they would encounter in a civil lawsuit. Good luck trying to prove Mens Rea with servers up and running. And btw, corporations are incapable of comitting fraud, you can't jail the defendant "NCsoft" and acussing any of their boardroom members or employees of comitting a crime without proof is called a libel and exposes you to prosecution. I am a lawyer, stop discussing concepts you really are clueless about... If you want a refund read the terms on your sales contract (technically you haven't paid a subscription yet) and see what provissions in your country's law apply. Simple and straightforward as that. I'm pretty sure the day is coming some ambulance chaser will try to claim nerdraging as emotional distress (and we'll all suffer for it with higher subscription costs and stiffer ToS agreements) but unless you want to wrongfully collect damages through frivolous litigation pretty much a refund is all you can ask for. Seriously this is about as dumb a thread as i've ever read... Just to make things clear... |
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ronan32
Apprentice Member
Joined: 8/19/05
I will never play an mmorpg with Microtransactions |
Originally posted by drbaltazar
good thing for you all American servers are english while only 5 are english in the EU. every server including foreign language ones are so full there is no queue, u just get a message saying server is full. Wow had these problems at release also and lets face it, aion is the biggest release since wow. |
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Lansid
Elite Member
Joined: 8/21/03
"Remember... no matter where you go... there you are!" |
You'd think after the Tabula Rasa flop NCsoft would be more proactive about keeping customers happy? *shrug* Meh, just further enforces why I decided to wait 6 months after a MMO's release before I buy/play. Last games I bought were Hellgate:London and Tabula Rasa and with the demise of those I've been hesitant to vote with my dollar towards another game since. I figure, if in 6 months it's in the bargain bin for $19.99 then in another 6 months being shut down due to "lack of subs" it wasn't meant to be. "There is only one thing of which I am certain, and that's nothing is certain." |