- May 14, 2008
This may be EA's right, I understand how NDA's work but this is why I prefer DRM free stores. If GOG or Itch.io pulled this with me it would be useless as I have backup copies of all my games.
Your citation disagrees with your assertion. While he is confident that a Supreme Court ruling in the US would back his claim, he fully admits that the Supreme Court has not actually made such a ruling and prior US rulings have been inconsistant:
some reading in regards:
It's not to say there have been pro-consumer rulings in regards to software ownership in the US, as there have been. But there's been enough rulings against the consumer that it is dangerous water to tread in without the financial and legal backing to deal with the consequences.
Probably because there's no real way of knowing if you legally own games from Steam or Origin. Remember you can't even sell the license or anything so in a way you don't own anything. If this keeps up then eventually the government will step in and finally make some digital ownership laws.
Also, it looks to me like the Vernor V. Autodesk ruling in particular is completely overruled by the 2013 USSC ruling which says that people may resell their copyrighted goods, full-stop. Whether that good is the software or a license that is the right to use the software, a person may resell it without Autodesk's permission.
I got in to the alpha , you had to agree to a lot of stuff. Not that I read all of it lol but I would totally not stream it. Hell it has a random water mark all over it. They want to make sure you don’t stream or share pictures of it. I have been in a lot of betas that have done the same. Not sure why people think it’s ok to do this after agreeing to not do it. You agreed to not share and you broke it , now your digital library is gone. I feel no sadnes for you. It sucks , but it’s no one else’s fault but your own.
Better read that crap that everyone clicks through - their general TOS, which the EA NDA references, warns that severe violations can go up to account termination:
BTW I checked into it and the NDA isn't even that onerous as far as NDAs go - mostly common sense stuff. Maybe the only objectionable term in there is if you give them feedback they can credit you without having to ask you first; no thanks. Everything else is pretty standard stuff. You can read it yourself below if you like.
Welcome to EA. We hope you enjoy participating in the Alpha Program, which includes access to pre-release product, EA Virtual Currency (defined below in Section 3), and In-Game Content (collectively, the “Alpha Materials").
By participating in the Alpha Program, you agree to the ALPHA AGREEMENT Terms. IF YOU DO NOT AGREE, DO NOT install or use THE ALPHA MATERIALS, OR PARTICIPATE IN THE ALPHA PROGRAM.
1. Alpha Program Participation Requirements
By participating in the Alpha Program, you agree that:
A. Your access to the Alpha Program begins once you install or access the Alpha Materials, and ends when the Alpha Program expires unless extended or terminated earlier.
B. An Internet connection and EA Account may be required to participate in the Alpha. To create an EA Account, you must provide a valid email address. You must be eligible to participate in the Alpha Program and be a resident of a country where participation in the Alpha Program is permitted.
C. You are 18 years of age or older.
Your use of the Alpha Materials is subject to all license and other terms described in the EA User Agreement.
3. Virtual Currency and other In-Game Content
EA may offer virtual or fictional points, coins, or currencies (“EA Virtual Currency”) in the Alpha Program. When you obtain this EA Virtual Currency, you receive a limited, non-assignable, non-exclusive, revocable license to access and select from in-game products, services, assets, or content (“EA In-Game Content”) that EA expressly makes available in the Alpha Program. The EA User Agreement contains additional terms that apply to your access and use of EA Virtual Currency and EA In-Game Content.
The Alpha Program and Alpha Materials will run in a test environment, and characters, achievements, progress, features, EA Virtual Currency and EA In-Game Content that you obtain while participating in the Alpha Program may be erased, updated or modified at EA's sole discretion, at any time and without notice to you. EA does not guarantee that any particular EA Virtual Currency or EA In-Game Content will be available at all times or at any given time. These items may not be accessible after the Alpha Program ends, or after commercial launch of the game.
4. Reviewing and Evaluating Alpha Materials
Your participation in the Alpha Program is voluntary, done for your personal enjoyment, and does not constitute employment or an offer of employment between you and EA. EA does not ask or require you to work a certain number of hours or shifts to participate in the Program. EA expects you only to use your leisure time to participate in the Alpha Program, and does not expect you to forego other activities, including gainful employment. Your participation in the Alpha Program and any feedback, suggestions and comments you give EA (such as bug reports and test results) (“Feedback”) do not entitle you to receive compensation of any kind.
EA shall have the right (but not the obligation), at its sole discretion, to credit you for the Feedback, and you grant EA a license to attribute such Feedback to you. You grant EA the right (but not the obligation) to use the Feedback for any purpose, including in any products, marketing, or other media, without your approval or notice, and without compensating you. You represent and warrant that (1) you have the right to enter into this Agreement and assign and grant these rights; and (2) any Feedback provided by you is your original work and does not infringe any third party intellectual property rights.
By participating in the Alpha Program, you agree to receive communications by email about your participation in the Alpha Program, including to solicit Feedback, even if you have not agreed to receive general EA marketing email.
This Agreement is effective until terminated by you or EA. EA may terminate your EA Account as well as your access to the Alpha Program and Alpha Materials if you violate this Agreement or any of the Alpha Agreement Terms. Sections 1-10 of this Agreement survive termination of this Agreement.
6. Relief and Indemnity
You agree that a breach or threatened breach of this Agreement will cause EA irreparable injury, that money damages would be an inadequate remedy, and that EA shall be entitled to ex parte injunctive relief without bond to stop a breach or threatened breach.
7. Use of Data
When you participate in the Alpha Program, EA may collect and store data from your computer or device, including information about your computer or device and operating system (such as IP Address and device ID), information about your Alpha Materials usage, gameplay and usage statistics, system interactions and peripheral hardware. If you participate in the Alpha Program offline, this data will be stored on your device and transmitted to EA when your device connects to the Internet. EA uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically served content and software support, and troubleshoot bugs or enhance your experience.
You should not disclose your personal information in your public communications within the Alpha Materials. EA is not responsible for information that you choose to communicate to other users within the Alpha Program, or for the actions of other users. EA reserves the right to monitor this content and communications.
All Alpha Materials and information you provide EA in connection with the Alpha Program are EA “Confidential Information.” Confidential Information includes: (1) Information about, within, or sent through the Alpha Materials and the Alpha Program, including (a) the performance, capabilities and content of the Alpha Materials; and (b) Feedback from you, other Alpha Program Participants, or EA employees; and; and (2) Information about EA’s products, services or business operations.
You may not share, publish, disclose, distribute, transmit, post or make available, directly or indirectly, Confidential Information to any third party, until EA publicly releases the product(s) or content you are reviewing. However, you may disclose the existence of the Alpha Program and that you are a member of the Alpha Program.
At EA’s request, you must return to EA any and all copies of the Alpha Materials delivered to you.
9. Alpha Materials
To access and use Alpha Materials on Sony PlayStation 4, you may need to register with the serial code enclosed with the Alpha Materials or otherwise provided to you by EA.
The Alpha Materials may use Origin Online Activation, and also may use Sony DADC Austria AG’s Denuvo content protection technology, as described in the EA User Agreement.
EA Anti-Cheat Technologies. EA may use its own anti-cheat technologies in connection with the Alpha Program. When you connect online to a game server, these technologies will activate and monitor your game play, the game files associated with the Alpha Materials and your computer’s RAM. These technologies detect cheating and any unauthorized third-party programs running concurrently with the Alpha Materials and any modifications to the Alpha Materials’ files enabling or facilitating cheating. An unauthorized third-party program is any third party program or file (such as a “addon”, “mod”, “hack”, “trainer”, or “cheat”) that EA believes (i) enables or facilitates cheating of any type: (ii) allows users to modify or hack the Alpha Materials’ interface, environment, or experience in any way not expressly authorized by EA: or (iii) Intercepts, “mines”, or otherwise collects information from or through the Alpha Materials. When you disconnect from the game server, these anti-cheat technologies will be deactivated.
If our systems detect cheating, we may collect relevant information, including your EA Account name, details about any unauthorized third party programs and the Alpha Materials files modification detected, and the time and date the cheating was detected. If we determine you have been cheating, we also may terminate your participation in the Alpha Program and, in some cases, your EA Account.
YOU ACKNOWLEDGE THAT THE ALPHA MATERIALS PROVIDED HEREUNDER ARE PRE-RELEASE PRODUCTS. YOU ACKNOWLEDGE THAT THE ALPHA MATERIALS MAY CONTAIN ERRORS AND DEFECTS, AND ARE NOT FINAL PRODUCTS. EA DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR THE ALPHA PROGRAM OR THE ALPHA MATERIALS.
EXCEPT AS STATED ABOVE, ALL STATUTORY WARRANTIES AND PROVISIONS RELATING TO LIABILITY AND EXPORT RESTRICTIONS ARE SET OUT IN THE EA USER AGREEMENT.
11. Changes to this Agreement
If we revise terms affecting existing elements of the Alpha Program, these changes shall be effective thirty (30) days after we send you email notice. If we add new terms to the Alpha Program, these terms are effective immediately after we have sent you an email notice. Your continued use of the Alpha Materials means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the EA Alpha Materials provided.
You guys whining about EA taking away his games, EA took away one of mine just for installing it too many times. I lost my Crysis game because I was using it to bench computers and it automatically locked me out after 20 installs or something like that, they said I'd have to buy it again if I wanted it back.
I understand them revoking his alpha privileges and even blacklisting him from future alpha/beta access, but taking the shit he’s already paid for? That’s fucked, and should be illegal.
Ah but here is the rub. Actually it's kind of two rubs here. Any more and he'd be finished... getit.. ahhh nevermind.
1. He didn't own any of the content in his Origin account. All he had was a license to download and play said content that he paid for.
Also, you do own the games you purchase through Steam and other digital retailers, and there have been court cases in parts of the world ruling such.
I've put examples of court rulings on the matter in this post: https://linustechtips.com/main/topi...rwise-are-urban-myth-or-corporate-propaganda/
When you pay for a license, you own that license.
The common EULA phrase "This software is licensed, not sold" refers to the software IP being licensed and not the individual licenses, which are clearly sold and not leased, loaned, or licensed.
It is the same as when you purchase clothing or vehicles: You don't own the IP for those things, but you own a licensed instance of those things and that licensed instance, the copy you purchased, is your own property.
A license is a right to use something that belongs to someone else - in this case, the game IPs, which is used to play the copy of the game that people purchase and own (in the view of the EU and Australian top courts).