08-10-2010, 02:38 AM
Okay, I'm deleting all the quotes because it's getting huge.
I'm enrolled in a business management course. This by no means makes me an expert, but:
Their is a very old U.S. law which I believe is called the "fair use" law. The DMCA (Digital Millenium Copyright Act) violates the "fair use" clause that is inherent in ALL transactions conducted in the U.S. The only problem is that the supporters of the DCMA have a point: Yes, music is software, and yes, you have a right to do whatever you want with a product. Yes, you can let your friends listen to it, yes you can loan it out. The problem arises in the basic morality issue of "We never actually SOLD a copy of our movie to Billy in London, yet he possesses the movie, and so does the original purchaser." This is basic piracy.
Why am I rambling about this? Because it ties in with "fair use."
Fair use essentially says you can do whatever you want with anything you own, as long as you don't violate someone else's rights by doing so. The problem is that businesses have a right to make money off of their investments.
I'm sure you've all heard/read some variation of this before.
The problem is that Blizzard can do whatever they want with their product, but you can too. Unfortunately, Blizzard put in that requirement that you have an internet connection. Fine. But does it say so on the box? If you MUST have internet to play the game, i.e. by re-registering every 30 days, then the packaging needs to state as much. NOT the EULA. I've been looking for the EULA for a couple hours, and I can't find it. I'm definitely not buying SC2 until I read the EULA, especially now that there is a controversy blowing up on Bnet over the possibility of being charged a monthly fee to access Bnet . . .which would essentially equal "pay to play" for SC2, even the single player campaign.
Now THAT would be a deal-breaker.
Back to the fair use: Unless Blizzard expressly states on the OUTSIDE of the box that you MUST have internet to play the game, you have the right to play the game without internet. The EULA is insufficient because once you've opened the box, you can't return the product. That means you just gave Blizzard $60 for essentially nothing if you don't have internet. And that means they are violating your right to fair use.
I you want my opinion on rights, however, go check out George Carlin on Youtube. But I digress.
I think that if Blizzard were taken to task about this, they would be forced to patch the game so you don't have to re-register every 30 days as long as the packaging does not state that you must have internet to play. If the packaging does say as much, then Blizz will probably win the battle. At that point it will depend on the lawyers and the judge. If you could get a gamer-friendly jury, that'd be a different story.
So, Blizzard is essentially violating the fair use clause of it's customers.
Once again, we really need a petition. I'll go email Husky, HD, and Crota.
-Loki
I'm enrolled in a business management course. This by no means makes me an expert, but:
Their is a very old U.S. law which I believe is called the "fair use" law. The DMCA (Digital Millenium Copyright Act) violates the "fair use" clause that is inherent in ALL transactions conducted in the U.S. The only problem is that the supporters of the DCMA have a point: Yes, music is software, and yes, you have a right to do whatever you want with a product. Yes, you can let your friends listen to it, yes you can loan it out. The problem arises in the basic morality issue of "We never actually SOLD a copy of our movie to Billy in London, yet he possesses the movie, and so does the original purchaser." This is basic piracy.
Why am I rambling about this? Because it ties in with "fair use."
Fair use essentially says you can do whatever you want with anything you own, as long as you don't violate someone else's rights by doing so. The problem is that businesses have a right to make money off of their investments.
I'm sure you've all heard/read some variation of this before.
The problem is that Blizzard can do whatever they want with their product, but you can too. Unfortunately, Blizzard put in that requirement that you have an internet connection. Fine. But does it say so on the box? If you MUST have internet to play the game, i.e. by re-registering every 30 days, then the packaging needs to state as much. NOT the EULA. I've been looking for the EULA for a couple hours, and I can't find it. I'm definitely not buying SC2 until I read the EULA, especially now that there is a controversy blowing up on Bnet over the possibility of being charged a monthly fee to access Bnet . . .which would essentially equal "pay to play" for SC2, even the single player campaign.
Now THAT would be a deal-breaker.
Back to the fair use: Unless Blizzard expressly states on the OUTSIDE of the box that you MUST have internet to play the game, you have the right to play the game without internet. The EULA is insufficient because once you've opened the box, you can't return the product. That means you just gave Blizzard $60 for essentially nothing if you don't have internet. And that means they are violating your right to fair use.
I you want my opinion on rights, however, go check out George Carlin on Youtube. But I digress.
I think that if Blizzard were taken to task about this, they would be forced to patch the game so you don't have to re-register every 30 days as long as the packaging does not state that you must have internet to play. If the packaging does say as much, then Blizz will probably win the battle. At that point it will depend on the lawyers and the judge. If you could get a gamer-friendly jury, that'd be a different story.
So, Blizzard is essentially violating the fair use clause of it's customers.
Once again, we really need a petition. I'll go email Husky, HD, and Crota.
-Loki
"How heroic. How compassionate. How selfless. I think I'm going to be sick."
-Skeletorr, the new HE-MAN
-Skeletorr, the new HE-MAN