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Apparantly, you own nothing anymore. ACCEPT OR GET TERMINATED

termination new EULA ownership controversy

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Darksteel_Plate #1 Posted 04 June 2018 - 06:53 AM

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Yes, thats right. have you seen this?  So this is the end of the road for the trustworthyness of WG. 

They have seen the 170+ pages of forumthread, and instead of addressing the issue, they try to silence us! 

''No critisism allowed here''. 

 

So 13 days left. If you dont sign the EULA, WG can terminate your account:

If you fail to comply with any of the terms set out in this section, we reserve the right to terminate your license over the Fansite Content and also to close your Account.

 

 

Her you will offer your surrender: 

YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP, OR OTHER PROPRIETARY INTEREST IN THE ADDITIONAL FEATURES (AS DEFINED BELOW) THAT YOU UNLOCK OR ACCUMULATE, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR SUCH ADDITIONAL FEATURES.

YOU OWN NOTHING ANYMORE!

 

Here is WG covering their tracks for destroying a few years of fun:

URTHERMORE, WARGAMING SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING, OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME CONTENT OR ADDITIONAL FEATURES, INCLUDING THE DELETION OF GAME CONTENT OR ADDITIONAL FEATURES UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.

 

Also, you cant be a newsite anymore, you have to kiss their [edited]or you will be terminated;

 the Fansite will not post material that is disparaging, illegal or infringes on the rights of any third party or that damages (or that might damage) the reputation of Wargaming or of any of the Games. If you fail to comply with any of the terms set out in this section, we reserve the right to terminate your license over the Fansite Content and also to close your Account.

 

They have seen that people dont like what they will do to prefferential MM tanks. They didnt kow it would be such a shitstorm. So they change the EULA so they can change the KV5 freely, and you can only comply. They will cough you up, and they will push this through your troat. They dont want a Foche debacle anymore. 

I dont think the part where you cant critisise them anymore is legal, but the part of the ''changing'' is legal. They can do whatever they want!

 

We cant let this slide! this is a turning point, after this they can do whatever they want, and there will be no more respect to you, me or the whole community anymore! we have to do something!

 

Spoiler

 

Thanks to : The armoured patrol

Scource: https://thearmoredpatrol.com/



HonoredStone #2 Posted 04 June 2018 - 06:57 AM

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and where is this something new? 

don't do crap with your account and you can play as much as you want.



Nethraniel #3 Posted 04 June 2018 - 07:08 AM

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View PostHonoredStone, on 04 June 2018 - 06:57 AM, said:

and where is this something new? 

don't do crap with your account and you can play as much as you want.

 

Have to agree with this. These ToS were afaik in place almost since the beginning of WoT and is standard for almost every online game.

Slyspy #4 Posted 04 June 2018 - 07:11 AM

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WGNA. Aso it is hardly unusual for a eula to give all rights over (and thus control of) IP to the creator is said IP. 

Yakito #5 Posted 04 June 2018 - 07:15 AM

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This is clear every time you write to support. You get nothing, you are nothing.
Only in gaming industry companies can do this to your face. Everywhere else you'd get compensated.

KasparStavro #6 Posted 04 June 2018 - 07:21 AM

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View PostDarksteel_Plate, on 04 June 2018 - 05:53 AM, said:

Yes, thats right. have you seen this?  So this is the end of the road for the trustworthyness of WG. 

They have seen the 170+ pages of forumthread, and instead of addressing the issue, they try to silence us! 

''No critisism allowed here''. 

 

So 13 days left. If you dont sign the EULA, WG can terminate your account:

If you fail to comply with any of the terms set out in this section, we reserve the right to terminate your license over the Fansite Content and also to close your Account.

 

 

Her you will offer your surrender: 

YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP, OR OTHER PROPRIETARY INTEREST IN THE ADDITIONAL FEATURES (AS DEFINED BELOW) THAT YOU UNLOCK OR ACCUMULATE, REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR SUCH ADDITIONAL FEATURES.

YOU OWN NOTHING ANYMORE!

 

Here is WG covering their tracks for destroying a few years of fun:

URTHERMORE, WARGAMING SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING, OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME CONTENT OR ADDITIONAL FEATURES, INCLUDING THE DELETION OF GAME CONTENT OR ADDITIONAL FEATURES UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.

 

Also, you cant be a newsite anymore, you have to kiss their [edited]or you will be terminated;

 the Fansite will not post material that is disparaging, illegal or infringes on the rights of any third party or that damages (or that might damage) the reputation of Wargaming or of any of the Games. If you fail to comply with any of the terms set out in this section, we reserve the right to terminate your license over the Fansite Content and also to close your Account.

 

They have seen that people dont like what they will do to prefferential MM tanks. They didnt kow it would be such a shitstorm. So they change the EULA so they can change the KV5 freely, and you can only comply. They will cough you up, and they will push this through your troat. They dont want a Foche debacle anymore. 

I dont think the part where you cant critisise them anymore is legal, but the part of the ''changing'' is legal. They can do whatever they want!

 

We cant let this slide! this is a turning point, after this they can do whatever they want, and there will be no more respect to you, me or the whole community anymore! we have to do something!

 

Spoiler

 

Thanks to : The armoured patrol

Scource: https://thearmoredpatrol.com/

 

and yet if they terminate accounts on those basis consumer rights stand before eula. sry - instead of buying premium time and tanks youll buy lawyer time.

Nethraniel #7 Posted 04 June 2018 - 07:41 AM

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Well... when you compare that to the other two tonk games.

 

Tonkthunder:

3.8. Agreement Suspension. WITHOUT LIMITING ANY OTHER REMEDIES, GAIJIN MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE PRODUCT OR PORTIONS THEREOF IF YOU ARE, OR GAIJIN REASONABLY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THIS AGREEMENT OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE PRODUCT, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE PRODUCT AND/OR GAME, AND GAIJIN IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

 

Armored Tonkfare:

5.21. Should the the provisions of this EULA or any related documents be violated by the User, MY COM B.V. may apply the following sanctions:

  • restrict the use of in-game communication services;
  • partially restrict the Game functionality of an account and/or that of a character;
  • restrict the access to any components of in-game content;
  • perform a forced renaming of: a character, user communities or organizations, or in-game objects;
  • remove items, in-game currency, or other in-game valuables;
  • restrict, suspend, or completely terminate the access to one or more characters of a game account;
  • change the values of achievements and the parameters of the development of characters;
  • remove characters or accounts.

Depending on the violation and its consequences for the Game as a whole, the type and/or extent of a sanction may be changed at MY.COM B.V. discretion.

 

So, yeah... more or less the same for all...



Homer_J #8 Posted 04 June 2018 - 07:44 AM

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View PostDarksteel_Plate, on 04 June 2018 - 06:53 AM, said:

 

Thanks to : The armoured patrol

Scource: https://thearmoredpatrol.com/

Ah, the Daily Mail of WoT.

 

TAP got it wrong, even accepted he got it wrong in the comments, yet kept the article as it was.  At least he did point out that it was only the NA EULA, unlike you.



250swb #9 Posted 04 June 2018 - 08:10 AM

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View PostYakito, on 04 June 2018 - 06:15 AM, said:

Everywhere else you'd get compensated.

 

No, you think you should be compensated because you adhere to the compensation culture. A car manufacturer changes the value of your car when they bring out the new model that replaces it, so does everybody get compensated? Things in life change, you don't need to be compensated every time they do.



Darksteel_Plate #10 Posted 04 June 2018 - 08:25 AM

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View PostHomer_J, on 04 June 2018 - 06:44 AM, said:

Ah, the Daily Mail of WoT.

 

TAP got it wrong, even accepted he got it wrong in the comments, yet kept the article as it was.  At least he did point out that it was only the NA EULA, unlike you.

 

and were can i see if this is wrong? also, WG NA is owned by the same company that owns WG EU. so they will change it up anyways later.



Homer_J #11 Posted 04 June 2018 - 08:28 AM

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View PostDarksteel_Plate, on 04 June 2018 - 08:25 AM, said:

 

and were can i see if this is wrong?

 

I suppose reading the comments is too hard?

Jigabachi #12 Posted 04 June 2018 - 08:28 AM

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We already have multiple threads about this on the first and second page here.

Do people never read the EULAs they agree to? Only when they make it into the news because one reason or another?
We have that kind of law gibberish since at least ten years now. Developers use it to protect THEIR property and to prevent random bobs from annoying or suing them when they want to fix balance issues.

The problem here is that all those rules get a quite different undertone when you have a company like WG sitting behind them...

Nethraniel #13 Posted 04 June 2018 - 08:31 AM

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View PostDarksteel_Plate, on 04 June 2018 - 08:25 AM, said:

 

and were can i see if this is wrong? also, WG NA is owned by the same company that owns WG EU. so they will change it up anyways later.

 

First, the Fansite termination clause, is for fansites using WG fansite content (pictures etc.), which is protected by the WG IP. So, yes, if you are misusing said "fansite content", WG can terminate your account for that.

Second, WG NA is working as its own company, at least on the legal department part.

Third, as stated before, this is nothing new in the EULA, and termination without refund is legal (at least in Germany there are similar cases, where the game providing company won the dispute).

 


Edited by Nethraniel, 04 June 2018 - 08:32 AM.


Cobra6 #14 Posted 04 June 2018 - 08:40 AM

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Yeah, a bit of a shame Wargaming is going full Gulag RASJA!!!1!!1 mode on people who point out their horsemanure tactics and changes.

 

I mean seriously? Terminating your *GAMEPLAY* account if you say bad things about Wargaming on the forums.......really?

 

View Post250swb, on 04 June 2018 - 07:10 AM, said:

 

No, you think you should be compensated because you adhere to the compensation culture. A car manufacturer changes the value of your car when they bring out the new model that replaces it, so does everybody get compensated? Things in life change, you don't need to be compensated every time they do.

 

Error 404: Logic not found

An apt comparison would be if the car manufacturer would come over to your house and change the engine in your car for something worse without you approving of it. And then you *WOULD* have the right to compensation.

 

Just like in the case of the KV-5 where WG make the service you purchased (KV-5) worse than it was when you purchased it, in that case you do have the right to a full refund and disbanding of the purchase contract.

 

Cobra 6


Edited by Cobra6, 04 June 2018 - 08:51 AM.


Homer_J #15 Posted 04 June 2018 - 08:44 AM

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View PostJigabachi, on 04 June 2018 - 08:28 AM, said:


Do people never read the EULAs they agree to?

 

Mr TAP clearly didn't since the bit he was worried about getting into the EU rules and rendering his site illegal is already in the EU ToS.  Even when that was pointed out to him he kept the sensationalist clickbait headline.



jabster #16 Posted 04 June 2018 - 08:52 AM

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View PostHomer_J, on 04 June 2018 - 07:44 AM, said:

 

Mr TAP clearly didn't since the bit he was worried about getting into the EU rules and rendering his site illegal is already in the EU ToS.  Even when that was pointed out to him he kept the sensationalist clickbait headline.

 

It does make you wonder what level of ‘research’ (or even basic thought) they do for their other blog posts.

clixor #17 Posted 04 June 2018 - 08:55 AM

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"the Fansite will not post material that is disparaging, illegal or infringes on the rights of any third party or that damages (or that might damage) the reputation of Wargaming or of any of the Games. 

 

The way i read this is that the addition the the EULA is just a legal way for WG to prevent them from slander. It doesn't mean fansites (very broad definition btw, is a youtube channel also a fansite?) can't be critical as long their message is based on facts. I think before this addition WG can already sue for slander but the addition to the EULA just gives them tools to shut down sites easier.

 

Howeverr. if you take #fochgate for instance (and other rants), from a legal point of view it could be interesting if WG would allow such vids. Then again, you have freedom of speech, so as long as you don't use any WG copyrighted material (ingame footage f.i.) i don't think WG have any chance of taking down an entire channel for that.



jabster #18 Posted 04 June 2018 - 08:59 AM

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View Postclixor, on 04 June 2018 - 07:55 AM, said:

"the Fansite will not post material that is disparaging, illegal or infringes on the rights of any third party or that damages (or that might damage) the reputation of Wargaming or of any of the Games. 

 

The way i read this is that the addition the the EULA is just a legal way for WG to prevent them from slander. It doesn't mean fansites (very broad definition btw, is a youtube channel also a fansite?) can't be critical as long their message is based on facts. I think before this addition WG can already sue for slander but the addition to the EULA just gives them tools to shut down sites easier.

 

Howeverr. if you take #fochgate for instance (and other rants), from a legal point of view it could be interesting if WG would allow such vids. Then again, you have freedom of speech, so as long as you don't use any WG copyrighted material (ingame footage f.i.) i don't think WG have any chance of taking down an entire channel for that.

 

At much easier reading of it is we’ll let you use some of our IPR to create a better looking website but don’t think you can do that and then just slag us off. Personally that hardly seems unreasonable.


Edited by jabster, 04 June 2018 - 09:00 AM.


Homer_J #19 Posted 04 June 2018 - 09:05 AM

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View Postclixor, on 04 June 2018 - 08:55 AM, said:

 I think before this addition 

It's not an addition.  It was already in the ToS which form part of the EULA.  It's also in the EU ToS which form part of the EU EULA.

 

But hey, facts, who needs them?



TankkiPoju #20 Posted 04 June 2018 - 10:10 AM

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It's just an EULA from every digital vendor.

 

Just read the Steam EULA (Steam Subscriber Agreement), you don't actually own anything and Valve can terminate your account at any time:

 

"You understand and acknowledge that Valve may decide to cease operation of any Subscription Marketplace, change the fees that it charges or change the terms or features of the Steam Subscription Marketplace. Valve shall have no liability to you because of any inability to trade Subscriptions in the Steam Trading Marketplace, including because of discontinuation or changes in the terms, features or eligibility requirements of any Subscription Marketplace."


Edited by TankkiPoju, 04 June 2018 - 10:13 AM.





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