QUESTION FOR LAWYERS : can we take any legal actions against UBI ??

fasol20 · 03-16-10, 10:54 AM

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

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

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

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

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.

Letum · 03-16-10, 11:23 AM

Quote:

Originally Posted by Faamecanic

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

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

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.

03-16-10, 10:54 AM	#1
fasol20 Nub Join Date: Mar 2010 Posts: 4 Downloads: 1 Uploads: 0	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 ???

03-16-10, 10:58 AM	#2
Pappy55 Engineer Join Date: Jan 2005 Location: Birmingham, UK Posts: 211 Downloads: 173 Uploads: 0	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. __________________

03-16-10, 11:05 AM	#5
Echo76 Loader Join Date: Mar 2010 Posts: 83 Downloads: 68 Uploads: 0	Any thoughts on STEAM, are they obliged to refund as this product is non-functional? __________________

03-16-10, 11:22 AM	#9
Pappy55 Engineer Join Date: Jan 2005 Location: Birmingham, UK Posts: 211 Downloads: 173 Uploads: 0	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. __________________

03-16-10, 11:25 AM	#13
brandtryan Engineer Join Date: Feb 2007 Location: Indianapolis, United States Posts: 214 Downloads: 122 Uploads: 0	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?? __________________ from Brandt

03-16-10, 11:01 AM	#3
Faamecanic Ace of the Deep Join Date: May 2005 Location: Off your Stb side with good solution Posts: 1,065 Downloads: 44 Uploads: 0	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.

03-16-10, 11:01 AM	#4
Coldcall Chief Join Date: Mar 2010 Posts: 325 Downloads: 42 Uploads: 0	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.

03-16-10, 11:26 AM	#15
VirtualVikingX Captain Join Date: Jun 2009 Location: Bergen, Norway Posts: 262 Downloads: 40 Uploads: 0	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.