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Forums - PC - Playing MW2 violates ToS of ISPs

mirgro said:
ZenfoldorVGI said:
Doesn't nearly every multiplayer game on PC use this exact same violation?

Actually not really since every multiplayer game on the PC uses dedicated servers. Very rarely is a person using a PC forced to host anything.

I don't think that's true. I don't think every multiplayer game on PC forces you to use dedicated servers. I think that CoD is one of the biggest franchises on PC, and continuing this little tif with IW benefits no one.



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It feeds the rich while it buries the poor.
You're power hungry, spinnin' stories, and bein' graphics whores.
I don't need your console war.

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ZenfoldorVGI said:
mirgro said:
ZenfoldorVGI said:
Doesn't nearly every multiplayer game on PC use this exact same violation?

Actually not really since every multiplayer game on the PC uses dedicated servers. Very rarely is a person using a PC forced to host anything.

I don't think that's true. I don't think every multiplayer game on PC forces you to use dedicated servers. I think that CoD is one of the biggest franchises on PC, and continuing this little tif with IW benefits no one.

I'd be interested in a list of games which have multiplayer games hosted by the players themselves. Also continuing this little tif will hopefully have the effect of dicouraging any future developers from making the mistake that IW did. Then again maybe that's just too much to hope for.

 

Also I don't think people understand what this means. It's not that an ISP will disconnect you, but the fact that if you have ever hosted a P2P game and you are discontent with them or you get in an argument with you they can use this as a way to terminate your contract and charge you any termination fees.



mirgro said:
ZenfoldorVGI said:
mirgro said:
ZenfoldorVGI said:
Doesn't nearly every multiplayer game on PC use this exact same violation?

Actually not really since every multiplayer game on the PC uses dedicated servers. Very rarely is a person using a PC forced to host anything.

I don't think that's true. I don't think every multiplayer game on PC forces you to use dedicated servers. I think that CoD is one of the biggest franchises on PC, and continuing this little tif with IW benefits no one.

I'd be interested in a list of games which have multiplayer games hosted by the players themselves. Also continuing this little tif will hopefully have the effect of dicouraging any future developers from making the mistake that IW did.

 

I already said it but I will repeat myself

Every single time you use torrent, you violate the ToS, none of you ever had any problem with that.........

So stop the crying out over peer to peer gaming violating ToS.......

 

Every single time you download a new World of Warcraft patch you violate your ToS too as the patch downloader is based on peer to peer...

As for games that allows the player to host the server, why not start with CoD4 ? Because you can host  a dedicated server on CoD4...( which is against your ToS too).



PS3-Xbox360 gap : 1.5 millions and going up in PS3 favor !

PS3-Wii gap : 20 millions and going down !

Ail said:
mirgro said:
ZenfoldorVGI said:
mirgro said:
ZenfoldorVGI said:
Doesn't nearly every multiplayer game on PC use this exact same violation?

Actually not really since every multiplayer game on the PC uses dedicated servers. Very rarely is a person using a PC forced to host anything.

I don't think that's true. I don't think every multiplayer game on PC forces you to use dedicated servers. I think that CoD is one of the biggest franchises on PC, and continuing this little tif with IW benefits no one.

I'd be interested in a list of games which have multiplayer games hosted by the players themselves. Also continuing this little tif will hopefully have the effect of dicouraging any future developers from making the mistake that IW did.

 

I already said it but I will repeat myself

Every single time you use torrent, you violate the ToS, none of you ever had any problem with that.........

So stop the crying out over peer to peer gaming violating ToS.......

You know, there are a lot of people on their consoles who haven't torrented anythng. Them playing, or at least hosting, P2P games automatically violates the ToS.



mirgro said:
Ail said:
mirgro said:
ZenfoldorVGI said:
mirgro said:
ZenfoldorVGI said:
Doesn't nearly every multiplayer game on PC use this exact same violation?

Actually not really since every multiplayer game on the PC uses dedicated servers. Very rarely is a person using a PC forced to host anything.

I don't think that's true. I don't think every multiplayer game on PC forces you to use dedicated servers. I think that CoD is one of the biggest franchises on PC, and continuing this little tif with IW benefits no one.

I'd be interested in a list of games which have multiplayer games hosted by the players themselves. Also continuing this little tif will hopefully have the effect of dicouraging any future developers from making the mistake that IW did.

 

I already said it but I will repeat myself

Every single time you use torrent, you violate the ToS, none of you ever had any problem with that.........

So stop the crying out over peer to peer gaming violating ToS.......

You know, there are a lot of people on their consoles who haven't torrented anythng. Them playing, or at least hosting, P2P games automatically violates the ToS.

 

Exactly which is why crying over peer to peer is really stupid...

 

The main reason most ISP have this in their ToS is because they want to limit upload as huge upload can have a strain on their network......



PS3-Xbox360 gap : 1.5 millions and going up in PS3 favor !

PS3-Wii gap : 20 millions and going down !

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Ail said:
mirgro said:
Ail said:
mirgro said:
ZenfoldorVGI said:
mirgro said:
ZenfoldorVGI said:
Doesn't nearly every multiplayer game on PC use this exact same violation?

Actually not really since every multiplayer game on the PC uses dedicated servers. Very rarely is a person using a PC forced to host anything.

I don't think that's true. I don't think every multiplayer game on PC forces you to use dedicated servers. I think that CoD is one of the biggest franchises on PC, and continuing this little tif with IW benefits no one.

I'd be interested in a list of games which have multiplayer games hosted by the players themselves. Also continuing this little tif will hopefully have the effect of dicouraging any future developers from making the mistake that IW did.

 

I already said it but I will repeat myself

Every single time you use torrent, you violate the ToS, none of you ever had any problem with that.........

So stop the crying out over peer to peer gaming violating ToS.......

You know, there are a lot of people on their consoles who haven't torrented anythng. Them playing, or at least hosting, P2P games automatically violates the ToS.

 

Exactly which is why crying over peer to peer is really stupid...

 

The main reason most ISP have this in their ToS is because they want to limit upload as huge upload can have a strain on their network......

I understand, but the fact still remains that if you ever got into an argument with them they always have the upper hand.



noname2200 said:

Perhaps you're right: I don't claim to be an expert in the laws of all 50 states. But I do know that California law, at least, would not support this idea, and neither would the Uniform Commercial Code. Dealers are not required to provide disclosures of possible incompatibility, or to warrant the compatibility of the item with the consumer's intended purpose unless:

1) The merchant is informed by the buyer of the intended purpose, and

2) the buyer relies on the merchant's representation regarding the item.

I can't imagine too many cases where either prong is satisfied: the merchant has no way of knowing if the buyer intends to take the product online (and in light of the recent Demi-God figures, it appears that many PC gamers DON'T game online!) and, even if it did, consumers rarely rely on the merchant telling them if the game will violate the consumer's ISP Terms of Service.

I'll keep searching to see if there's any law that would apply here, but I'm drawing a blank. The better bet is to try to return the item to the merchant and hope they refund it if you explain the problem, but there's no guarantee that they'll say yes and, unless the merchant's terms of use require them to take it back for anything beyond a defective product, I don't think they're obliged to do so.

jlauro said:
PS: First step, ask for it in writing from your ISP if you are allowed to play this on line or not. If you get it in writing from your ISP, I bet your store will accept the return even if the package has been open.

 I don't think that changes the analysis. Unless the store feels that customer relations matter, the fact that you the consumer made a unilateral mistake of fact (which does NOT completely negate the value of the product!) probably won't sway them.

 

I assume the box clearly talks about multi-player online play.  It is representing certain expectations for use of the product.  Failure to meet those expectations by being incompatible with many ISPs is legal grounds for return.  That said, even without any legal basis, many merchants will accept a return, especially if you have a good history with the retailer.

However, it's moot for most people anyways.  If you read those licenses, at best many of them are ambiguous and require written clarification from the ISP.  Do you really think that many ISPs are going to refuse one of the most popular games to be played on their network, when it's easy to switch ISPs, and there are plent of sane ISPs out there.



jlauro said:

I assume the box clearly talks about multi-player online play.  It is representing certain expectations for use of the product. 

But the product meets those expectations. You can, in fact, take the game online and play it there, just like they say you can. The fact that your (not their) separate contract with a third-party may not permit this use is not Activision's problem. That's what I'm getting at: yes there's something that stops you from using the complete product, but: 1) that something is not the law (contracts are legally enforceable, but they are not the law) and 2) that something has nothing to do with Activision.

In the end though, this whole discussion is academic, as you said. But I live off this stuff, so I'm enjoying it. We can cover the contract interpretation portion next if you want; you'll be surprised to hear that the issue isn't anywhere near as cut-and-dried as you think it is...



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canch said:

Why all the hate on MW2 about this.  Other games use P2P and we never hear anything about them games,  Borderlands is one that uses P2P and so do both the xbox and ps3 but why is everyone blaming MW2 is beyond me.

 

I don't think that they're attacking Modern Warfare 2, so much as pointing out that P2P using games are violating ISP's ToS



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