18 Replies Latest reply: Feb 6, 2013 4:09 PM by GrimReaper0 RSS

Does Probation have any Legal basis?

GolfHacker27

Where have Treyarch published Terms and Conditions of what we may or may not do with regard to leaving lobbies?

Where is it explicitely defined what the resulting punishment shall be?

 

Apart from the awareness spread via this forum - frequented by less than 1 percent of the +3million online account owners, how are those +2.9 million made aware of something that is not in the T&C.

 

I would argue that probation for game-quitting has no legal basis unless a first warning is given.

Has anyone who has been probationed been given a warning?

 

Hardcore is a mode put into the game by Treyarch.

Treyarch failed to adopt the 'return fire' system of MW3 and thus accidental killing of team players is inevitable.

Once again,  failure by Treyarch.

 

Summary: Treyarch finds it easier to punish us for the problems and frustrations of their game, than actually fixing it.

  • Re: Does Probation have any Legal basis?
    CallOfDutyFan88

    u made a thread off of some1 else's comment. stop quiting games by signing out and probation wont be a problem for you.

  • Re: Does Probation have any Legal basis?
    Izjar11

    Let me help you better understand things:

     

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    • Re: Does Probation have any Legal basis?

      This "agreement" is inside the game box.You know the box that if you open you can't return if you agree or not.

      • Re: Does Probation have any Legal basis?
        Izjar11

        cincydog wrote:

         

        This "agreement" is inside the game box.You know the box that if you open you can't return if you agree or not.

        Hmmm I just posted the sources on the WEB. But what's your point?

         

        Is this the first time you ever sat and read the terms / agreement of them "letting us" use their software? I've been a gamer for many years and have known since I was about 10-11 that the games software is never ours, but theirs we are simply borrowing it.

        • Re: Does Probation have any Legal basis?

          Any real lawyer could make mince meat of that agreement. It's just not likely that any one customer is going to be able to afford that lawyer or the time and money that it would take to ultimately hand a huge money bloated company their ass.

           

          Most contracts are just deterrents. Ultimately it would come up to a judge and if you presented a strong enough case of a customer consitently getting reamed by a big company, they may just side with you despite the document.

           

          Because we never offically sign anything, it's not really worth that much legally.

           

          I just wouldn't spend the type of money of legal fees to replace a much cheaper game or console.

    • Re: Does Probation have any Legal basis?
      ChestSplittah

      Thank you.. I didn't think it said I had to be their servant/slave. I can play the game how I want as long as I don't break their ToS.

  • Re: Does Probation have any Legal basis?
    TheBeastlyDude

    GolfHacker27 wrote:

     

    Where have Treyarch published Terms and Conditions of what we may or may not do with regard to leaving lobbies?

    Where is it explicitely defined what the resulting punishment shall be?

     

    Apart from the awareness spread via this forum - frequented by less than 1 percent of the +3million online account owners, how are those +2.9 million made aware of something that is not in the T&C.

     

    I would argue that probation for game-quitting has no legal basis unless a first warning is given.

    Has anyone who has been probationed been given a warning?

     

    Hardcore is a mode put into the game by Treyarch.

    Treyarch failed to adopt the 'return fire' system of MW3 and thus accidental killing of team players is inevitable.

    Once again,  failure by Treyarch.

     

    Summary: Treyarch finds it easier to punish us for the problems and frustrations of their game, than actually fixing it.

    No where in the Terms and Conditions does it say that if you boost, you will be reset. All it says that if you break their rules, actions will be taken.

     

    You don't get warned not to boost and yet it is still against the rules and actions will be taken.

     

    Team Killing in Hardcore has been around since at least MW2 when I started playing and Ricochet was only added in MW3.

     

    Summary: Ignorance is no excuse for breaking rules and thousands of players play HC on a daily basis without ever having to be put onto probation for team killing.

    • Re: Does Probation have any Legal basis?
      Hot-Wire

      Hack or modify (or attempt to modify or hack) the Program, or create, develop, modify, distribute or use any software programs, in order to gain (or allow others to gain) advantage of this Program in an on-line multiplayer game settings including but not limited to local area network or any other network play or on the internet.

       

      Boosting falls under hack and modify in order to gain an advantage.

      • Re: Does Probation have any Legal basis?
        Eye_Gore

        Hack or modify the program, meaning the game. Boosting is neither hacking or modifying the program. It uses what was put in the game by the devs. Its more of an exploit. You are exploiting the intended purpose of a TI to gain XP, jeadshots or whatever.

         

        From Activision:

         

        Modding/Hacking

        Any user who runs a modified version of game code or uses a modified game profile is subject to penalty.

         

        Boosting

        Any user who colludes with another user to exploit the game for the purpose of gaining XP, prestige, game score, weapon level, or in-game unlock is subject to penalty.

  • Re: Does Probation have any Legal basis?
    phxs72

    From the standpoint of what you have purchased Activision has taken the measures necessary to ensure that the Multiplayer function is legally a free add-on to the game with no guarentees of servicabiltiy.  Since you have officially not paid for the service of playing Multiplayer you effectively have no recourse if you don't like the changes made to it.  Granted most people buy the game because of the Multiplayer feature but the devil is in the details.  Activison did not sell you Multiplayer.  They sold you the campaign (technically it's just a user license to play the campaign) and provided the rest as a good will jesture legally speaking. 

     

    Furthermore, if you would like a different arguement, probation was in the game at launch and was only removed due to the numerous issues that arose from other bugs in the programming.  So all they have done is return a feature that existed when the game was originally purchased and therefore, they have not made a substanitive change to the game that could be construed as a violation of the consumers expectations.  In other words, the buyer has a responsibility to research features prior to purchase and cannot lay claim against a feature that was part of the orginal purchase that he willingly accepted at the time of purchase.

    • Re: Does Probation have any Legal basis?

      No I disagree With your comment.  If it was free then Activision wouldn't have spent money on advertising multiplayer.  Activision knows that quite a few people who purchase COD, purchase it for it's multiplayer.  That being said the TOS is there to cover them if they decide to implement new game modes or rules.

  • Re: Does Probation have any Legal basis?
    zvers

    Well, don't quite every game. I've left games before and I have never gotten any kind of probation so you must be doing it frequently. Stick it out. Sometimes, the game starts well and sometimes it's BAD. Most of the time, when it starts bad, I can at least go positive in the end IF I stick it out. Control your anger and don't flip out. Just a thought....

  • Re: Does Probation have any Legal basis?

    Legal basis, I lol'ed.

     

    I never quit game, never been put on probation either.

    Solution: stop being a crybaby, man up and play the games you're thrown into whatsoever.

     

    I won a headquarters game that was 0-105 when I joined yesterday... (or was it hardpoint, can't remember)

  • Re: Does Probation have any Legal basis?

    stop shooting at teammates

  • Re: Does Probation have any Legal basis?
    rlbl

    This is too funny.

     

    3ACR also never published that the ACR was not going to be in the game... you gonna sue?

  • Re: Does Probation have any Legal basis?
    Eye_Gore

    Another from Activision Support Page:

     

    In order to discourage early game disconnects that can negatively affect the gameplay experience for other players, Call of Duty: Black Ops II has implemented a probation system that will penalize players that frequently leave games early. The probation will not allow the player to connect to multiplayer matches for a limited time. If continually abused, the time the player is on probation will increase.

    In order to avoid receiving the probation penalty, you must remain in a match for its entire duration.

     

     

    Also the License agreement is mentioned on the back of the CD case, you do not need to open it, it tells you to go to activision.com for license terms.