Turbine would win because it's their game, their servers, and their copyright.


Turbine OWNS the whole AC world. Everything in and around it is owned by Turbine.


Technically, Turbine can ban you for whatever they want, and if they had ANY bit of information to back up their claims, they would win the suit because they own it.


You don't own your account. You don't own the items on the account. You own a box with a CD, a Manual, and a number on it. Beyond that, you pay a monthly fee as a "rent" or "lease" on the account. Turbine can terminate that at any time for pretty much whatever reason, but they stay within the completely written bounds in pretty much all cases. I don't forsee them banning anyone for any other reason than a complete and utter breakage of the CoC.

Turbines CoC was written by man/woman and has no legal binding precedent. It would be a good fight, I could not clearly say that Turbine would win, and if it was a class action aginst Turbine by the many of us wronged by Turbines unfair enforcement - we would probably win. Remeber that the law requires all parties to be treated equally such as in a job or work situation. It is illegal for a company to treat different employess separately when there are Rules in effect. Turbine has clearly broken their own rules - illegally - by treating differnt situations and or people separately - this is not allowed under the law.

what are you smoking?


Turbine owns all that is Asheron's Call. Turbine HAS to treat people different depending on situation. That's what situations are. They have to judge each and every CoC violation on it's own merits. Just so happens that most of them are pretty clean cut. Turbine tests someone, they fail, they get banned. There are a few other situations where users claim they were in the bathroom, or watching TV, or who knows what else. But in those situations, they were still UCM by Turbine's definition. If they were not ready to respond to an Admin, then they were UCM. It's pretty clear cut.


That's also the EXACT reason why Turbine does not and probably never will ban ACM. Because there is no real way to test if someone is ACM. Macros can be written to mimic human movement. They are still ACM, but it is pretty much impossible for Turbine to detect things like that.


But I can't really think of ANY cases that someone could bring against Turbine where Turbine would lose. Even a class action.. would take a LOT of wronged users who actually have a legitimate claim, and legitimate claims are really really difficult to find. Good luck with that.


It reminds me of the person who was attempting to throw together a class-action against Turbine for False Advertising. A pretty ridiculous claim. They really had no case, and most likely would have not won. Since it didn't go to court it's hard to say for sure, but when it comes to the operation of the game world, Turbine holds supreme power. There aren't many laws which regulate the game world.

Drakier, you are a trouble maker and a baiter, enough said.

<< Drakier, you are a trouble maker and a baiter, enough said. >>


Hey Mr. Pot, have you met Mr. Kettle? You both have something in common.

 

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Wow.. that's the best argument you could come up with?


I'm not baiting or making trouble. Simply offering an alternative opinion which actually is backed up with an actually decent argument.


In the world of MMO's, the companies hold pretty much full control over what happens within their game world. There isn't a lot that can happen WITHIN the game world that could get Turbine sued (and lose).


Things OUT of game CAN however get Turbine sued with a slight chance at a victory. As I meantioned, the example of the False Advertising case. It is the only case so far I've seen threatened that had ANY merit to it whatsoever. Doesn't mean they would have won (and they probably wouldn't have), but it's the only claim I've seen that is even remotely pursuable.


To put it bluntly, Turbine can ban you for just about any reason they want to, and there isn't a whole lot you can do about it other than threaten legal action.. and that would be all it is... a threat.


Edit:

To give another example... look at Blizzard.. If you purchase a 3, 6, or 12 month account and they ban you one month into playing, they don't have to give you your money back. You COULD pursue a lawsuit against them for the amount of money you overpaid, but if Blizzard has ANY evidence to back up their ban justification, then the judge will say "you broke the rules, you lose the money". All they need is ANY shred of evidence to back up their claims and they win. That's just how the game world operates within the legal system and within their own control over the world. Companies have supreme control over the inner-workings of the game realms.

"Future of ElTank?"


What happened to the topic?

 

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What the heck is up with the board system?!


edit:

n/m... all messages were showing (no message) for me..

Tivee,


You bring up the point that Turbine can not get away legally with banning people. That is incorrect. Turbine is following long existing business practices that have strong legal foundations.


Some examples:


1) You purchase a gym or YMCA priveleges on a monthly basis. They can refuse to let you use their facilities and they do not have to refund the money.

2) Bars with cover charges can take your money and put you on the street 10 minutes later. No refund and no recourse.

3) Theatres and playhouses can put you out on the street without refund at any time during the performance.

4) No American business is required to provide a service or product to every potential customer with money. For example, a McDonalds can just refuse to sell you food and ask you to leave.


The list just goes on and on. This is a two way street. Businesses have the ability to refuse to accept new customers or dissolve the relationship with existing customers at any time. Customers can choose walk away at any time.


In the eyes of court system, a one month subscription to AC is no different than a monthly membership at a gym. In both cases, you are paying money to be allowed to use the business's property for a month.

"Future of ElTank?"


What happened to the topic?


I'll pick up on that question for ya!


I aggree that we don't get talked about much, the casual macroers. The tee-totalers as we've aparently been called (hehe).

I myself have heard it called "cheating" by influential peoples hither and yon. There I disagree UNLESS it does disrupt the CoC, or my gameplay, or anothers. I'll tell ya I've used more of MI! than tank's combat aid. But if I've got say 10-20(ish) something-or-others around me, it's better at keeping track than *I* am! Then I feel slightly guilty for the poor whatever-they-were's and their corpses I turn off tank again and go on my merry way.

I hope tank stays. Period. However, I've learned enough about the game in the year-ish I've been here, and even HAD times w/o tank as you have. I'm good either way, but I still hope tank stays.

(There ya go, hobartbouregarde! My contribution to order and continuity!)