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-   Silent Hunter 5 (https://www.subsim.com/radioroom/forumdisplay.php?f=244)
-   -   QUESTION FOR LAWYERS : can we take any legal actions against UBI ?? (https://www.subsim.com/radioroom/showthread.php?t=165105)

Rockin Robbins 03-16-10 07:10 PM

I believe that existing laws probably don't properly cover the type of abuse that's happening here because the laws are behind the curve. Specifically, what we are being muscled with are modifications of the traditional fair use rights including but not limited to:

  • The right to sell your copy of the copyrighted material after you are through with it.
  • The right to lend it.
  • The right to give it away.
  • The right to use it without incurring other peripheral expenses, such as excessive internet charges in order to use the copyrighted materials.
Let's put it this way. We'll take a book as an example. You can lend it. You can give it away. You can sell it. You can read it in other places than where the publisher chooses. If a bookseller said you could only read the book you bought at the library, you'd laugh 'em out of town.

Yet, supposedly fair-minded people are perfectly happy with being bound to a chair, blindfolded and then being allowed to read the book.

This is the proper venue of legislative action in various countries. Unfortunately, with these corporate gangsters being the only ones hiring lobbyists and legislatures not being disposed to listen to ordinary people, we have an uphill battle.

No, probably in most countries, what Ubi is doing here is perfectly legal. But it should not be. People should serve jail time for this stuff. Companies should be dissolved for this type of customer abuse. We can help!

Until Ubi relents:

Refuse to buy SH5
Refuse to play SH5
Refuse to mod SH5
Refuse to produce tutorials for SH5
Refuse to make video of SH5

It only encourages the dinosaur.

Lanzfeld 03-16-10 07:13 PM

I, proudly, obey those 5 laws! :salute::salute::salute::salute::salute:

Madox58 03-16-10 07:22 PM

I do not obey those statements.

I bought the Game even though I can't play it.
(System is to behind)

I'll Mod the Game because that's what I enjoy doing.

I don't agree with Ubi and the DRM stuff,
But that won't stop me as I'll do what I need to do.

I support the DEV's!
Not the Tie wearing, Money snaching SOB's!
Thier time WILL come.
Count on that.

Rockin Robbins 03-16-10 07:28 PM

Unfortunately your words and actions have no effect comparable to the effect of your money. You are whispering that you want needed changes and your money is shouting "I approve of the DRM. I don't expect to be able to sell copyrighted material on the used market. I accept and endorse unreasonable restrictions as to where and when this piece of (fill in the blank) can be used."

Guess what is the only thing Ubi hears? Once the money is spent your input is over.

As it is, Silent Hunter 5 is nothing more than a trojan horse, containing nasty malware. The more we by our actions, modding, making tutorials, posting videos, enhance the attractiveness of the trojan horse, the more Ubi will sell. They will say "it's working! Thanks Subsim! Our DRM is wonderful!"

Even worse, there is a published mod which makes it possible to play the game offline without interfering in any way with Ubi's DRM. If this gets widespread use, it will also encourage sales of SH5 as is. Ubi will merely look at the increased sales and say, "It's working! Lets do more of that." Even a partial solution makes the problem worse.

The only remedy for this situation is for our money to remain in our pocket. I had money put aside to purchase and was ready to purchase without reservations as to the completeness of the game. I wasn't worried about only one kind of U-Boat or the cutoff time or imperfections bound to happen in a cutting edge game. I was ready to jump in and do the same kinds of things I've done with and for Silent Hunter 4. I believe I've done a small part of enhancing the value of that product, teaching at least a dozen or two that manual targeting is fun and possible.

I won't be doing any of that for SH5 and I recommend that everyone examine the options and realize that my course is the only course that can result in change. Either Ubi will relent and we will have a product that respects our status as paying customers, fans and supporters or Ubi will die with its trojan horse and another company more focused on customer needs will emerge to take its place. It's tough love time and unless we act responsibly, we're just enabling this drunk. Yeah, he says he's going to use the money we give him to buy food, but we really know all that's happening is the sorry wino is headed to 7-Eleven for another quart of Pabst Blue Ribbon. Game over Ubi. Change or die.

Madox58 03-16-10 07:37 PM

Umm,
I don't think that was directed at me only.

Rockin Robbins 03-16-10 07:45 PM

Thank you privateer. No it was not directed at you only or even primarily you.

Nordmann 03-16-10 07:48 PM

Quote:

Originally Posted by privateer (Post 1319620)
I support the DEV's!
Not the Tie wearing, Money snaching SOB's!
Thier time WILL come.
Count on that.

They are one and the same I'm afraid, even one of the devs on here has said as much. There are no suits screwing over the dev team, they are same same damned thing!

Madox58 03-16-10 07:55 PM

Afraid not Mate!
Dan and the rest of the Dev's don't make the big picture!
I met Dan Face to Face!
I know a few things many don't!
So do not EVER put Dan and the rest of the Dev's in the Suit position!

You'd be stunned at what those guys went through just to give you
what you have so far!

I'll stand with them any day of the week and take a sniper position!
:up:

Nafod81 03-17-10 05:09 PM

Quote:

Originally Posted by Piddyx (Post 1318769)
You can sue them in Louisiana. The laws are different there because they are derived from civil law instead of common law.


Civil Law? It's the Napoleanoic code Louisiana's state law system is based on.

Exakt 03-17-10 05:16 PM

It is based on the French Civil Code, or as some calls it, Common Law.

I do know that in Quebec (Canada), you can sue for a defective product under the Consumer`s Protection Act. If any actions are to be taken, we have to coordinate our efforts. I will try to get some more info on my side, but IIRC, it has been done before (here in Quebec) for another program.

NefariousKoel 03-17-10 06:07 PM

The 2 class actions suits against EA about spore won and the DRM was removed. However, the point of contention was that EA didn't properly specify what was required by the DRM.

So, evidentally, a class action lawsuit can make a company remove it's DRM. The rest of the stuff about unfinished product has never happened and is pretty frivolous.

The best thing to do is not purchase these games in the hopes that the suits will take the hint. Though they seem pretty thick-headed at times and prone to placing blame elsewhere in a fit of denial. Possibly even going so far as to like about repeated hacker DOS attacks.

Immacolata 03-18-10 01:02 AM

I just knew it would be a bilge rat with a suggestion like that. Lawyers! Call the fire brigade! :yawn:

No, you can't use lawyers for anything than stealing your money and your time in this matter.:rotfl2:Do as nef suggests. White & Sea - if Ubi allows the patches to hit and the game is fixed: go buy it. I know I am! I cant wait to see all that gorgeous 3d-water.

Uber Gruber 03-18-10 05:48 AM

Quote:

Until Ubi relents:

Refuse to buy SH5
Refuse to play SH5
Refuse to mod SH5
Refuse to produce tutorials for SH5
Refuse to make video of SH5

It only encourages the dinosaur.
Well said Rocking Robbins....well said indeed.....if only more people thought like this... :shifty:

Dowly 03-18-10 06:11 AM

Quote:

Originally Posted by privateer (Post 1319671)
So do not EVER put Dan and the rest of the Dev's in the Suit position!

Actually it was Dan who said himself that the suits and the devs shouldn't be separated, they're all in this together.

jwilliams 03-18-10 06:50 AM

Quote:

Originally Posted by Dowly (Post 1321740)
Actually it was Dan who said himself that the suits and the devs shouldn't be separated, they're all in this together.

I think he sorta had too. He's working for the company. You cant say your personal feelings (on a public forum) when your representing your employer..... Conflict of intrests :hmmm:

Dowly 03-18-10 07:00 AM

Quote:

Originally Posted by jwilliams (Post 1321798)
I think he sorta had too. He's working for the company. You cant say your personal feelings (on a public forum) when your representing your employer..... Conflict of intrests :hmmm:

He could've not mentioned it at all. :03:

jwilliams 03-18-10 07:20 AM

Quote:

Originally Posted by Dowly (Post 1321811)
He could've not mentioned it at all. :03:

True, he could have said nothing but he was asked. And i guess he gave a diplomatic answer on it.

http://www.subsim.com/radioroom/show...1&postcount=20

from this thread :-

What does elenaiba say...

http://www.subsim.com/radioroom/showthread.php?t=163099

Dowly 03-18-10 07:24 AM

Quote:

Originally Posted by jwilliams (Post 1321838)
True, he could have said nothing but he was asked. And i guess he gave a diplomatic answer on it.

http://www.subsim.com/radioroom/show...1&postcount=20

I'm pretty sure he wasn't asked about the suits vs. devs stuff, just about what he thinks of the feedback. :hmmm:

Anywho, here's the quite from Dan I mean:

Quote:

1) Ubisoft is a company, of which Ubisoft Romania is a part. Please stop separating the two. Not everything that is good is our merit, not everything that is bad is "the suits" fault. I, of all people, have my parts in the failures of SH5. The people "high up" could have simply decided not to do another SH, just as you guys can choose not to buy.

jwilliams 03-18-10 07:34 AM

Quote:

Originally Posted by Dowly (Post 1321846)
I'm pretty sure he wasn't asked about the suits vs. devs stuff, just about what he thinks of the feedback. :hmmm:

Anywho, here's the quite from Dan I mean:


I think it was in referance to this post :-

Quote:

Dan, while you are here, maybe you can tell us only if you are at liberty to do so: who's responsible for game content? the development house or the publishing house?
http://www.subsim.com/radioroom/show...5&postcount=35

From this thread, which was the thread dan first answered in (that night/day, (damn time zones)) before the statment he gave :-
http://www.subsim.com/radioroom/showthread.php?t=163013

Armistead 03-18-10 09:44 AM

These threads always kill me....Like those among us are going to pay lawyers hundreds of thousands of dollars to sue...OK, I'm in, where do I send my dollar to the cause...:D


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