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On November 15 2010 14:21 Pleiades wrote:Show nested quote +On November 15 2010 14:12 Vimsey wrote: However most EULA's you cant read/accepted (under consumer rights have to be voluntary not forced) untill you unwrap your purchase at which time you have no option of a refund and in the UK at least we have data protection laws that cant be overridden by a EULA so most EULAs here are about as binding as wet toilet paper.
However, most or all software products have texts somewhere on the packaging/cover that states acceptance of the EULA is required to use the product. Most of the time it is in small print so you have to look at the product more carefully before purchasing it. As I said before, EULA does not go into effect until you intend to use it. (opening and installing the product) That text might work in the US but doesnt fly here. Ignorance of international law isnt an excuse. If you dont agree then full refund should be available should you not agree and blizzards EULA doesnt allow for that.
To give an example if i held a gun to someones head and made them sign an agreement or threat of financial loss (blackmail) it wouldnt be legally binding and that is in effect the same protection being applied here.
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I could say the same thing about ignorance of not looking at cover/packaging. I said earlier, if you don't agree to it, don't use it. If you don't agree to that either, take it to court or ask your law maker to change it. Complaining here won't do anything.
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On November 15 2010 14:27 Pleiades wrote: I could say the same thing about ignorance of not looking at cover/packaging. I said earlier, if you don't agree to it, don't use it. If you don't agree to that either, take it to court or ask your law maker to change it. Complaining here won't do anything. Im quite happy to take it to court since I know that US laws dont apply here.
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On November 15 2010 14:29 Vimsey wrote:Show nested quote +On November 15 2010 14:27 Pleiades wrote: I could say the same thing about ignorance of not looking at cover/packaging. I said earlier, if you don't agree to it, don't use it. If you don't agree to that either, take it to court or ask your law maker to change it. Complaining here won't do anything. Im quite happy to take it to court since I know that US laws dont apply here. From what I can piece together from various sites, it isn't as cut and dry in the UK as you would like to believe, either.
It seems to just be more legal opinions without any case law.
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On November 15 2010 14:31 FrostOtter wrote:Show nested quote +On November 15 2010 14:29 Vimsey wrote:On November 15 2010 14:27 Pleiades wrote: I could say the same thing about ignorance of not looking at cover/packaging. I said earlier, if you don't agree to it, don't use it. If you don't agree to that either, take it to court or ask your law maker to change it. Complaining here won't do anything. Im quite happy to take it to court since I know that US laws dont apply here. From what I can piece together from various sites, it isn't as cut and dry in the UK as you would like to believe, either. It seems to just be more legal opinions without any case law. You think you know more about my countrys laws than me? Nice try. We have very strong data protection and consumer protection laws and thats just one european country I know for a fact that there are others that you wouldnt get anywhere with.
I have got refunds from many games simply by stating my consumer rights when I have needed to the thing is that most people dont know their rights and if you knew anything about the legal profession you would know how much they laugh at EULAs.
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On November 15 2010 14:23 Vimsey wrote:Show nested quote +On November 15 2010 14:21 Pleiades wrote:On November 15 2010 14:12 Vimsey wrote: However most EULA's you cant read/accepted (under consumer rights have to be voluntary not forced) untill you unwrap your purchase at which time you have no option of a refund and in the UK at least we have data protection laws that cant be overridden by a EULA so most EULAs here are about as binding as wet toilet paper.
However, most or all software products have texts somewhere on the packaging/cover that states acceptance of the EULA is required to use the product. Most of the time it is in small print so you have to look at the product more carefully before purchasing it. As I said before, EULA does not go into effect until you intend to use it. (opening and installing the product) That text might work in the US but doesnt fly here. Ignorance of international law isnt an excuse. If you dont agree then full refund should be available should you not agree and blizzards EULA doesnt allow for that. To give an example if i held a gun to someones head and made them sign an agreement or threat of financial loss (blackmail) it wouldnt be legally binding and that is in effect the same protection being applied here.
Because buying and using software willingly is like having a gun held to your head to sign a contract.
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On November 15 2010 14:36 Ocedic wrote:Show nested quote +On November 15 2010 14:23 Vimsey wrote:On November 15 2010 14:21 Pleiades wrote:On November 15 2010 14:12 Vimsey wrote: However most EULA's you cant read/accepted (under consumer rights have to be voluntary not forced) untill you unwrap your purchase at which time you have no option of a refund and in the UK at least we have data protection laws that cant be overridden by a EULA so most EULAs here are about as binding as wet toilet paper.
However, most or all software products have texts somewhere on the packaging/cover that states acceptance of the EULA is required to use the product. Most of the time it is in small print so you have to look at the product more carefully before purchasing it. As I said before, EULA does not go into effect until you intend to use it. (opening and installing the product) That text might work in the US but doesnt fly here. Ignorance of international law isnt an excuse. If you dont agree then full refund should be available should you not agree and blizzards EULA doesnt allow for that. To give an example if i held a gun to someones head and made them sign an agreement or threat of financial loss (blackmail) it wouldnt be legally binding and that is in effect the same protection being applied here. Because buying and using software willingly is like having a gun held to your head to sign a contract. Just an example you cant be "forced" to agree to a contract it has to be voluntary and has to be known before transaction. I seriously worry for the US if this is how you conduct business.
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On November 15 2010 14:23 Vimsey wrote:Show nested quote +On November 15 2010 14:21 Pleiades wrote:On November 15 2010 14:12 Vimsey wrote: However most EULA's you cant read/accepted (under consumer rights have to be voluntary not forced) untill you unwrap your purchase at which time you have no option of a refund and in the UK at least we have data protection laws that cant be overridden by a EULA so most EULAs here are about as binding as wet toilet paper.
However, most or all software products have texts somewhere on the packaging/cover that states acceptance of the EULA is required to use the product. Most of the time it is in small print so you have to look at the product more carefully before purchasing it. As I said before, EULA does not go into effect until you intend to use it. (opening and installing the product) That text might work in the US but doesnt fly here. Ignorance of international law isnt an excuse. If you dont agree then full refund should be available should you not agree and blizzards EULA doesnt allow for that. To give an example if i held a gun to someones head and made them sign an agreement or threat of financial loss (blackmail) it wouldnt be legally binding and that is in effect the same protection being applied here.
That's a completely horrible analogy
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On November 15 2010 14:35 Vimsey wrote:Show nested quote +On November 15 2010 14:31 FrostOtter wrote:On November 15 2010 14:29 Vimsey wrote:On November 15 2010 14:27 Pleiades wrote: I could say the same thing about ignorance of not looking at cover/packaging. I said earlier, if you don't agree to it, don't use it. If you don't agree to that either, take it to court or ask your law maker to change it. Complaining here won't do anything. Im quite happy to take it to court since I know that US laws dont apply here. From what I can piece together from various sites, it isn't as cut and dry in the UK as you would like to believe, either. It seems to just be more legal opinions without any case law. You think you know more about my countrys laws than me? Nice try. We have very strong data protection and consumer protection laws and thats just one european country I know for a fact that there are others that you wouldnt get anywhere with. I have got refunds from many games simply by stating my consumer rights when I have needed to the thing is that most people dont know their rights and if you knew anything about the legal profession you would know how much they laugh at EULAs. I didn't realize that living in your country made you an expert on your country's laws.
As it so happens, I do know a bit about the legal profession, though I am not an expert nor do I know much about contract law. What I do know is that by scanning Google (including your country's Intellectual Property Office's official website) I was able to find that your government is much more ambivalent about what is and is not legal than you are.
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On November 15 2010 14:38 Dakkas wrote:Show nested quote +On November 15 2010 14:23 Vimsey wrote:On November 15 2010 14:21 Pleiades wrote:On November 15 2010 14:12 Vimsey wrote: However most EULA's you cant read/accepted (under consumer rights have to be voluntary not forced) untill you unwrap your purchase at which time you have no option of a refund and in the UK at least we have data protection laws that cant be overridden by a EULA so most EULAs here are about as binding as wet toilet paper.
However, most or all software products have texts somewhere on the packaging/cover that states acceptance of the EULA is required to use the product. Most of the time it is in small print so you have to look at the product more carefully before purchasing it. As I said before, EULA does not go into effect until you intend to use it. (opening and installing the product) That text might work in the US but doesnt fly here. Ignorance of international law isnt an excuse. If you dont agree then full refund should be available should you not agree and blizzards EULA doesnt allow for that. To give an example if i held a gun to someones head and made them sign an agreement or threat of financial loss (blackmail) it wouldnt be legally binding and that is in effect the same protection being applied here. That's a completely horrible analogy SO You think that if a consumer doesnt agree with a EULA or if the EULA contravenes their local laws they arent entitled to a refund?
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On November 15 2010 14:42 FrostOtter wrote:Show nested quote +On November 15 2010 14:35 Vimsey wrote:On November 15 2010 14:31 FrostOtter wrote:On November 15 2010 14:29 Vimsey wrote:On November 15 2010 14:27 Pleiades wrote: I could say the same thing about ignorance of not looking at cover/packaging. I said earlier, if you don't agree to it, don't use it. If you don't agree to that either, take it to court or ask your law maker to change it. Complaining here won't do anything. Im quite happy to take it to court since I know that US laws dont apply here. From what I can piece together from various sites, it isn't as cut and dry in the UK as you would like to believe, either. It seems to just be more legal opinions without any case law. You think you know more about my countrys laws than me? Nice try. We have very strong data protection and consumer protection laws and thats just one european country I know for a fact that there are others that you wouldnt get anywhere with. I have got refunds from many games simply by stating my consumer rights when I have needed to the thing is that most people dont know their rights and if you knew anything about the legal profession you would know how much they laugh at EULAs. I didn't realize that living in your country made you an expert on your country's laws. As it so happens, I do know a bit about the legal profession, though I am not an expert nor do I know much about contract law. What I do know is that by scanning Google (including your country's Intellectual Property Office's official website) I was able to find that your government is much more ambivalent about what is and is not legal than you are. I am undone an american knows more about the law and my consumer rights because of "google". Unbelievable. While you are googling how about you stop by the office of fair trading.
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On November 15 2010 14:35 Vimsey wrote:Show nested quote +On November 15 2010 14:31 FrostOtter wrote:On November 15 2010 14:29 Vimsey wrote:On November 15 2010 14:27 Pleiades wrote: I could say the same thing about ignorance of not looking at cover/packaging. I said earlier, if you don't agree to it, don't use it. If you don't agree to that either, take it to court or ask your law maker to change it. Complaining here won't do anything. Im quite happy to take it to court since I know that US laws dont apply here. From what I can piece together from various sites, it isn't as cut and dry in the UK as you would like to believe, either. It seems to just be more legal opinions without any case law. You think you know more about my countrys laws than me? Nice try. We have very strong data protection and consumer protection laws and thats just one european country I know for a fact that there are others that you wouldnt get anywhere with. I have got refunds from many games simply by stating my consumer rights when I have needed to the thing is that most people dont know their rights and if you knew anything about the legal profession you would know how much they laugh at EULAs. You have gotten refunds for many games simply because companies dont like to deal with sour customers. They would rather just take the loss of having to sell the game as used than argue with a customer. It isnt really because of consumer rights.
I also fail to believe what you are saying, as they provide a very clear indication of what you will have to agree to, and that you will need to get a battle.net account with its own terms of use agreement. They even provide a way to see EXACTLY what you will agree to by giving a link to the EULA. To me, that just comes down to the consumer being willfully ignorant.
I also like that you arent even citing any sources for all of this, yet claim it as fact. I know that the UK has some pretty crazy consumer protection laws, but I dont think they would protect you this far since nothing is hidden.
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On November 15 2010 14:46 Vimsey wrote:Show nested quote +On November 15 2010 14:42 FrostOtter wrote:On November 15 2010 14:35 Vimsey wrote:On November 15 2010 14:31 FrostOtter wrote:On November 15 2010 14:29 Vimsey wrote:On November 15 2010 14:27 Pleiades wrote: I could say the same thing about ignorance of not looking at cover/packaging. I said earlier, if you don't agree to it, don't use it. If you don't agree to that either, take it to court or ask your law maker to change it. Complaining here won't do anything. Im quite happy to take it to court since I know that US laws dont apply here. From what I can piece together from various sites, it isn't as cut and dry in the UK as you would like to believe, either. It seems to just be more legal opinions without any case law. You think you know more about my countrys laws than me? Nice try. We have very strong data protection and consumer protection laws and thats just one european country I know for a fact that there are others that you wouldnt get anywhere with. I have got refunds from many games simply by stating my consumer rights when I have needed to the thing is that most people dont know their rights and if you knew anything about the legal profession you would know how much they laugh at EULAs. I didn't realize that living in your country made you an expert on your country's laws. As it so happens, I do know a bit about the legal profession, though I am not an expert nor do I know much about contract law. What I do know is that by scanning Google (including your country's Intellectual Property Office's official website) I was able to find that your government is much more ambivalent about what is and is not legal than you are. I am undone an american knows more about the law and my consumer rights because of "google". Unbelievable. While you are googling how about you stop by the office of fair trading. I didn't say that I knew more, I said that living in your country does not make you an expert and that your own government is not being as definite as you are--
I repeat, I went to your country's Intellectual Property Office site and read what they had to say about EULA, which was a ~150 page report that was not nearly as certain of the position as you claim it is. I'm not telling you your rights, I'm just saying that I'm not going to declare you infallible on British law just because you are a citizen and I am not.
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On November 15 2010 14:47 TheRabidDeer wrote:Show nested quote +On November 15 2010 14:35 Vimsey wrote:On November 15 2010 14:31 FrostOtter wrote:On November 15 2010 14:29 Vimsey wrote:On November 15 2010 14:27 Pleiades wrote: I could say the same thing about ignorance of not looking at cover/packaging. I said earlier, if you don't agree to it, don't use it. If you don't agree to that either, take it to court or ask your law maker to change it. Complaining here won't do anything. Im quite happy to take it to court since I know that US laws dont apply here. From what I can piece together from various sites, it isn't as cut and dry in the UK as you would like to believe, either. It seems to just be more legal opinions without any case law. You think you know more about my countrys laws than me? Nice try. We have very strong data protection and consumer protection laws and thats just one european country I know for a fact that there are others that you wouldnt get anywhere with. I have got refunds from many games simply by stating my consumer rights when I have needed to the thing is that most people dont know their rights and if you knew anything about the legal profession you would know how much they laugh at EULAs. You have gotten refunds for many games simply because companies dont like to deal with sour customers. They would rather just take the loss of having to sell the game as used than argue with a customer. It isnt really because of consumer rights. I also fail to believe what you are saying, as they provide a very clear indication of what you will have to agree to, and that you will need to get a battle.net account with its own terms of use agreement. They even provide a way to see EXACTLY what you will agree to by giving a link to the EULA. To me, that just comes down to the consumer being willfully ignorant. I also like that you arent even citing any sources for all of this, yet claim it as fact. I know that the UK has some pretty crazy consumer protection laws, but I dont think they would protect you this far since nothing is hidden. No wrong I have been refused before stating my statutory rights and its at that point that they know they have to comply with the law. Its not clear at all if the EULA agreement isnt clearly stated on the product. Thats before I get into the many legal EULA cases that have pointed out the how poorly written they are. Blizzards EULA breaks our data protection laws for one and cannot be overridden the same goes for consumer rights.
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On November 15 2010 14:52 Vimsey wrote: Thats before I get into the many legal EULA cases that have pointed out the how poorly written they are. . List a few of those, please.
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SO You think that if a consumer doesnt agree with a EULA or if the EULA contravenes their local laws they arent entitled to a refund?
That has nothing to do with what I said. I said your analogy was horrible
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On November 15 2010 14:51 FrostOtter wrote:Show nested quote +On November 15 2010 14:46 Vimsey wrote:On November 15 2010 14:42 FrostOtter wrote:On November 15 2010 14:35 Vimsey wrote:On November 15 2010 14:31 FrostOtter wrote:On November 15 2010 14:29 Vimsey wrote:On November 15 2010 14:27 Pleiades wrote: I could say the same thing about ignorance of not looking at cover/packaging. I said earlier, if you don't agree to it, don't use it. If you don't agree to that either, take it to court or ask your law maker to change it. Complaining here won't do anything. Im quite happy to take it to court since I know that US laws dont apply here. From what I can piece together from various sites, it isn't as cut and dry in the UK as you would like to believe, either. It seems to just be more legal opinions without any case law. You think you know more about my countrys laws than me? Nice try. We have very strong data protection and consumer protection laws and thats just one european country I know for a fact that there are others that you wouldnt get anywhere with. I have got refunds from many games simply by stating my consumer rights when I have needed to the thing is that most people dont know their rights and if you knew anything about the legal profession you would know how much they laugh at EULAs. I didn't realize that living in your country made you an expert on your country's laws. As it so happens, I do know a bit about the legal profession, though I am not an expert nor do I know much about contract law. What I do know is that by scanning Google (including your country's Intellectual Property Office's official website) I was able to find that your government is much more ambivalent about what is and is not legal than you are. I am undone an american knows more about the law and my consumer rights because of "google". Unbelievable. While you are googling how about you stop by the office of fair trading. I didn't say that I knew more, I said that living in your country does not make you an expert and that your own government is not being as definite as you are-- I repeat, I went to your country's Intellectual Property Office site and read what they had to say about EULA, which was a ~150 page report that was not nearly as certain of the position as you claim it is. I'm not telling you your rights, I'm just saying that I'm not going to declare you infallible on British law just because you are a citizen and I am not. OK tell me what the national speed limit is for an A road in the UK without looking it up or how old you have to be before you are allowd to drink alcohol here. Sometimes actually living in the country means you know more about it.
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On November 15 2010 14:54 Dakkas wrote:Show nested quote +SO You think that if a consumer doesnt agree with a EULA or if the EULA contravenes their local laws they arent entitled to a refund?
That has nothing to do with what I said. I said your analogy was horrible Providing now extra input or reason why, cheers.
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Lalalaland34483 Posts
Sure, living in a country will lead you to know more about speed limits, age restrictions, etc. Things that affect your day to day life.
For most people however, their country's copyright laws aren't as well known.
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