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

fasol20 03-16-10 10:54 AM

QUESTION FOR LAWYERS : can we take any legal actions against UBI ??
 
And what chance do we have , is it worth trying ? There must be thousands of us.... I am from europe I guess it should be easier in US what do you think ???

Pappy55 03-16-10 10:58 AM

In another post I made I said there is a law here in the UK regarding not delivering a service..

Buying software and agreeing to the EULA is basically a contract between you and the publisher.

If you have paid for the software and they are doing doing their part I think somwhere you have a case..

I know there was a lawsuit over EA's drm.

Faamecanic 03-16-10 11:01 AM

This is brought up with every new SH release that I can remember..... but I think SH5 really deserves a CA lawsuit. This DRM is insane.

Coldcall 03-16-10 11:01 AM

No i dont think so. You are entitled to your money back on a refund if the game's access is still blocked even when you meet the internet connection criteria, but i cant see how you could sue them.

Just take your game back to the store for a refund. Easy enough.

PS: Only reason i am holding onto my copy is because of the superb job the modders have done already within a couple weeks. If I thought the game was going to remain in its current state (more or less), I'd have returned it immediately after getting locked out by DRM. Im also hoping that eventually Ubisoft cant be bothered with hosting the DRm for it anymore and release a "freedom" patch.

Echo76 03-16-10 11:05 AM

Any thoughts on STEAM, are they obliged to refund as this product is non-functional?

Pappy55 03-16-10 11:07 AM

Quote:

Originally Posted by Echo76 (Post 1318629)
Any thoughts on STEAM, are they obliged to refund as this product is non-functional?

Good luck with that..

I am trying to get a different non functional game refunded from them and they wont do it.

Fishu 03-16-10 11:14 AM

Quote:

Originally Posted by Coldcall (Post 1318624)
Just take your game back to the store for a refund. Easy enough.

That's not possible where I live, so it's not that simple; 1. the law explicitly revokes the right to return the game, 2. the stores over here haven't read the book on customer service - what is not required by the law is neither part of the service.

PortoFerro 03-16-10 11:20 AM

Quote:

Originally Posted by Echo76 (Post 1318629)
Any thoughts on STEAM, are they obliged to refund as this product is non-functional?

They are refunding the GOLD version because of the swastikas in there, however only in Germany.

Pappy55 03-16-10 11:22 AM

If we have a case in the UK it should be covered in here somwhere.

The Sale of Goods Act
http://www.opsi.gov.uk/Acts/acts1995..._19950028_en_1
http://www.opsi.gov.uk/RevisedStatut..._19790054_en_1

I just cant be arsed to read through it after a long day at work.

AVGWarhawk 03-16-10 11:23 AM

Quote:

Originally Posted by Fishu (Post 1318651)
That's not possible where I live, so it's not that simple; 1. the law explicitly revokes the right to return the game, 2. the stores over here haven't read the book on customer service - what is not required by the law is neither part of the service.


You were then made aware of the law concerning purchasing a game? It is a personal risk if one wishes to purchase any game knowing the law concerning returning of the game if not satisfied. Not much you can do there legally. :hmmm:

Letum 03-16-10 11:23 AM

Quote:

Originally Posted by Faamecanic (Post 1318622)
This is brought up with every new SH release that I can remember..... but I think SH5 really deserves a CA lawsuit. This DRM is insane.

Well, the last lawsuit with SH3 and other games with Starforce was a
success in so far as Ubi agreed to pay up out of court.

Letum 03-16-10 11:25 AM

Quote:

Originally Posted by Pappy55 (Post 1318673)
If we have a case in the UK it should be covered in here somwhere.

The Sale of Goods Act
http://www.opsi.gov.uk/Acts/acts1995..._19950028_en_1

I just cant be arsed to read through it after a long day at work.

No, it is not covered by the sale of goods act.
That doesn't mean that there isn't another another act that is applicable.

brandtryan 03-16-10 11:25 AM

Ok--I'm a little confused as to where everyone is from. I'm from the USA--can I take my copy back to Walmart??

Coldcall 03-16-10 11:26 AM

Quote:

Originally Posted by Fishu (Post 1318651)
That's not possible where I live, so it's not that simple; 1. the law explicitly revokes the right to return the game, 2. the stores over here haven't read the book on customer service - what is not required by the law is neither part of the service.

Where is "over here"? I'm sorry if thats the case. Bloody outrageous!!

VirtualVikingX 03-16-10 11:26 AM

I am a lawyer. And I would suggest that you start reading the EULA. Probably something there about the OSP. And anyhow, by Norwegian (and probably most EU-contries) law you can only claim what you have paid for the game. You cant go to court citing unlawfull terms of contract when you bought the game knowing about the DRM/OSP. And what would you demand instead? That they remove the OSP? The court cant decide that, we guys live in a free world.

And its not illegal for UBI to have a EULA (contract between you and them) that requieres you to have a permanent internet connection to play. Its a free market and this is a entertainment product, not a nessesity.

Compare it to iTunes/iPod-binding and DVD-zones. Controversial but not illegal.


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