Hur hur i've been saying that this entire time hur hur
Just because i don't repeat it in every single post i make doesn't mean it hasn't been said in one of my thousands of other posts.
I was saying they can do whatever they want with that data, but you still have the right to complain. I just personally did not see a problem on the subject.
Last edited by Karbuncle; 06-28-2011 at 08:36 AM.
Ownership of MMO character data has never been adequately challenged, that I know of, but related precedents suggest it wouldn't go well for the MMO company (unless you live in China, where it's already been decided the player is the principal owner of character data, ToS or not ToS). But if I actually believed that, I wouldn't play this game at all. It's something of a moot point, since there's not much I could do with the character data without access to SE's servers, which they have every right to deny me access to at any time.
A great many things that are still standard parts of generic ToS agreements have failed to withstand legal challenge, yet they still get put in, in the hopes that you won't know that, and will fail to prod the elements they know are basically indefensible in the event of a dispute.
They own your Character Data and you agree to relinquish any rights to that character when you log on. Regardless of what you just said, You willingly accept what they put in the ToS each time you log on to the game.
They can display information like Character Name, Job, And Server if they wished too. That my only point, and now they're exorcising that right.
Even if it is as you say, Wouldn't any and all "ifs" be dismissed when you willingly agree to accept everything they wrote in the ToS with each log in? I was under the impression its basically a contract between you and them.
Edit: Do you mind citing me some links to past trials where someone has Opposed the ToS related to Character Information like Name and Server being displayed on a Forum? It sounds like you know them.
I'd like to read this kind of thing. Its interesting to me. Either way, I don't feel someone will go to court over this and win, as i don't think "this" situation falls into the grey areas you described. So as you said, yah, kind a moot point.
Last edited by Karbuncle; 06-27-2011 at 04:57 PM.
They can, obviously. I've never once suggested that they are legally obligated not to display my data, whatever my wishes, but rather that they shouldn't. Note the wording of that previously bolded quote. SE should not be making this decision. I suppose I could have added an 'IMO', but it seemed superfluous at the time.
I just didn't expect you to be saying "shouldn't".
because then we agree. in a way. I feel it should not be Mandatory. I'm okay with it either way, I just understand some people aren't.
Also, Links to those trials if you can. I still would like to read them... its a pretty interesting idea someone might have taken an MMO company to court over Forum and/or Character name issues. (I'm a sucker for news articles and stuff related to this)
Well I can't think of anything quite that specific off the top of my head. I'd be rather surprised if that particular issue had ever gone as far as a court decision, indeed, has it ever come up before?! This goes under the 'never adequately challenged' portion, I believe.
But look up Bragg v Linden for fun with MMOs.
I did, and thats... Interesting, To say the least. also looked Through RAIST's link. Not surprised in the least though. Shame there weren't very many more things to look at. Thought we were going somewhere with this...
Oh well, I'll miss you guys when this update comes...
eh..it's an old debate that just seems to go nowhere. A software firm I used to work for actually did some research into this about 5 or 6 years ago, alongside another discussion over displaying public records over the internet (that's another issue that will blow your mind once you see just how easy it is for a stranger to request a crap load of details about you starting with something as simple as your name or the license plate of your car even).
Google Virtual Property Rights and you can find a ton of info out there--a lot of it older cases that didn't really have a conclusion that can be used in court as a precedent to support a future case. Nearly every company that has put some sort of MMO out there has faced this issue at one point or another. And it's not limited to just MMO's either--even Microsoft has gotten into it on more general terms with their virtual earth 3D mapping thing. Who gives them the right to render your personal property without your consent (or even your knowledge for that matter), and then turn a profit off it by sticking virtual ads on it? Wouldn't be surprised if someone found details on a lawsuit against Google for similar arguments.
The bigger problem is that most of this just gets shuffled off and settled out of court, so there is little to no precedent to follow. Case law is screwy that way....until judges start making more bold judgements for other's to cite in cases, it will more often continue to boil down to a company realizing how much damage is at stake to a their reputation (and future profits) so they settle out of court or something. Who knows what all goes on behind closed doors...stupid non-disclosure agreements.
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Personally all I care about is keeping my ingame account seperate from my forum account. I should not have to worry about something I post on a forum having any impact on my time ingame at all.
For those that care about privacy for something they spend quite a lot of time on having your account and server name clearly visible means you can use FFXIAH/google to get a lot of information about them, posts on a forum make you care enough about someone to do so. From ffxiah you can find out a lot about their character, what they buy, friends, gear etc, ingame you know exactly who they are and what they are doing, hell if you want to get really far into it you can search with google and find linkshell applications (that very often include rl information).
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