Big Smoke

’cause it’s hard to see from where I’m standin’

Sign Here at the Dotted Line

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Part of Section 9 of Electronic Arts’ Terms of Service – the End-User License Agreement that everybody signs after buying (or, rather, in the software world, leasing the rights to use) a product and before installing it:

EA may also terminate access to EA Services for violation of this Terms of Service (in its sole discretion) … You may lose your user name and persona as a result of termination. If you have more than one (1) Account, EA may terminate all of your Accounts and all related Entitlements. In response to a violation of these Terms of Service or any other agreement applicable to EA Services accessed by you, EA may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level , immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all EA Services or certain EA Services. You acknowledge that in such an instance EA is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all EA Services or selectively removing, revoking or garnishing Entitlements associated with your Account. If EA terminates your Account, you may not participate in an EA Service again without EA’s express permission. EA reserves the right to refuse to keep Accounts for, and provide EA Services to, any individual. You may not allow individuals whose Accounts have been terminated by EA to use your Account.

If your Account, or a particular subscription for an EA Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all EA Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular EA Service.

Part of Section 11 of EA’s ToS:

You may violate the Terms of Service if, as determined by EA in its sole discretion, you:

[long list of actions]

Specific EA Services may also post additional rules that apply to your conduct on those services.

In short: “You agree that we can cut our services to you with no prior notice or compensation if it should break rules that we can invent after the fact, as interpreted by us only.”

In shorter: “You agree that fuck you.”

This has come to light of late mainly because Electronic Arts’ forums are tied to the same account as their games – with their new digital download service named ‘Origin’ – which means that any disputes over forum conduct has ended up in the permanent suspension of more than a few people’s game accounts. In one case, a gamer used the word “badass” on one of EA’s forums and, being banned due to a word filter, found he was banned from every game he purchased from EA as well.

Now, the funny aspect of this, if you can call it that, is that Terms of Services and End-User License Agreements are largely untested, legally, and as such their status as binding contracts are currently dubious. Indeed, it is hard to imagine that Section 20 of the ToS, which categorically denies customers the right to trial by jury and class-action lawsuits as well as severely limits the window of time in which they’re allowed to dispute anything at all, would be all that defensible if actually challenged.

Indeed, consumer rights legislation requires that, if a service is paid for, it remains available, and if it stops being available, a refund is offered. However, on the internet, the rules (seemingly in outsize response to piracy) have become fantastically draconian and currently exist largely because nobody’s taken the time to fight them yet. They’ve attempted to redefine products as services (for instance, a piece of software that you purchase for use offline is not a “product,” but a “service” that you lease the rights to use – a service that can be revoked), and now they’re attempting to redefine the parameters of services themselves.

Clearly this is just reality being a few years ahead of legislation, but it’s an incredibly sour note in the rather hostile relationship between corporations and consumers of late. At least, in the internet, nobody has yet and nobody likely will able to put a lid on piracy, so the consumers, for the moment, still have the upper hand.

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