Was the guy named Psychpillow?Quote:
Originally Posted by ChronosXIII
I know him, he gets on my nerves. Went on the Nexon forums for about 3 days, that idiot made me never go there again.
He spews Nexon propaganda without active thought.
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Was the guy named Psychpillow?Quote:
Originally Posted by ChronosXIII
I know him, he gets on my nerves. Went on the Nexon forums for about 3 days, that idiot made me never go there again.
He spews Nexon propaganda without active thought.
If you originally registered your account when you were under the legal age of being an adult/old enough to sign a contract wherever it is that you lived, are you as an individual even bound by the TOS?
I mean after all, the consent given by you yourself wasn't something you even had the right to give.
pr am i overthinking this halfassed thought.
Yeah, that guy! Damn, he was like a brick wall with a megaphone attached to it, blasting the same pre-recorded message over and over again.Quote:
Originally Posted by Raul
So, a court in China ordered someone to pay restitution for lost MMO goods.Quote:
Originally Posted by Viaje
So, the place where rule of law (let alone intellectual property law) means next to nothing is your legal evidence for Americans being able to sue Nexon?
:clap:
At what point did the virtual items become the player's property? Never.Quote:
Not if a lawyer can prove that virtual items have real life monetary value.
This is the part of Nexon's policy that's relevant. If you rent a toy to play a game, you don't sue the company if it breaks on the grounds of lost property. You have to make a case that the service wasn't what was promised. Nexon doesn't credibly promise you will have the same items tomorrow, or even that you will be able to do in game damage. As I said, it's got to be NX cash related if you want a prayer in US court. There is no credible contract beyond NX transactions available for the courts to enforce.
There are games out there where virtual goods are considered the property of the player, or are at least by establishment compatible with money - more like Second Life. But that is not the case with Maplestory.
Imagine for a moment, what would happen if in game items were considered real property in cases like Maplestory. What happens when the developer shuts down the game? Every single account holder sues them for cutting off their access to their property? And wins? lol
Agreeing on Terms Of Service, no matter what company, usually means selling your soul to them.
Anyone could sue Nexon. There is very little faith that a ToS or click through EULA actually means anything or could hold up in a court of law. With the right lawyers you could probably take any software company to court and get a settlement, but you have to have the resources to be able to finance your campaign to begin with. I would say it is more likely that a class action would be allowed through and could really see some rewards.
What gets really tricky here is that in most of the larger free to play games out there, RMT (real money transactions) are involved, and that blurs all of the lines. Disregard the value of any sort of virtual item, that is irrelevant. What is relevant is that real money went in to a system with an expectation that a certain level of service would be provided, and there is a legitimate case for the buying of virtual goods and services from a company and instead receiving what amounts to fraud in return. (See: all of the cases of people never getting NX compensation returned for NX charges lost from a rollback. All of the people whose accounts were hacked and stripped due to server side security breaches.) In those cases, people were essentially stolen from, and in any other field, that would never be tolerated. But because some companies, and Nexon in particular, hide behind the wall of "free to play" they can get away with never have to deal with said issues.
If I were still studying law, and had billable hours to blow, I would absolutely salivate at the idea of going after a f2p company like Nexon. I am actually surprised someone hasn't done it yet. With the way they have dealt with security breaches, and the loss of in game currency and items due to negligence, if you could gather a solid case, you would almost be guaranteed a settlement.
God, I know that feel.Quote:
Originally Posted by ChronosXIII
When I went to the Nexon forums I was naive enough to believe that there might be some intelligent thought there instead of just people peaching to Nexon and apologists for Nexon.
Psychpillow firmly brought me back to reality.
I find this a really interesting thread, besides the random argueing here and there.
Moving on;
Let's say I never played MapleStory. I've never created an account, therefore never agreed to their Terms of Service. However, I do know that database information (First name, last name of some sort) were leaked. Would that make you able to sue them for terrible security?
How the heck could you sue them without even being involved personaly in any leak?Quote:
Originally Posted by Snor
For the sake of others? :dQuote:
Originally Posted by CarrionCrow
Quote:
Originally Posted by Snor
Seriously? Do you think you can drag companies or people to court because they might have wronged others and not you?Quote:
Originally Posted by Snor
If I can proof that they lose personal information from others?Quote:
Originally Posted by CarrionCrow
If I kill you, I get sued? You're not sueing me then.
No, the State is suing you.Quote:
Originally Posted by Snor
If you see a person commit a crime that has nothing to do with you (say, shoplifting at a store you happen to be in), you can't sue / press charges. You can call store security, or even the police, of course. But any suing has to be done by the store owners.
Surely you've heard the frustrated line, "We know what's going on / happened, but our hands are tied. <The Victim> won't press charges" before?