TODAY I GOT BANNED FROM THE NEXUS AND I GOT SO PISSED FCK!

[Mailamea]

Ripped content is harmful cause some game companies will come hunt you if you ripped their content and sue you' date=' its part of the rules like within EULA

[/quote']

In most countries EULA's aren't legal, like mine. One sided contracts aren't legal here either, those are contracts where one side imposes something on you simply by buying their service. For example, imposing binding arbitration in dispute in some far-flung place. In the US, ELUA's especially shrink wrap and click-through ELUA's aren't legal in most states. Things you can't read before you buy aren't legal either. Although operating licensees for things like modding tool kits are different, and fall under different rules.

 

 

Hope i was on those countries hahahaha

indeed, well explained

 

 

[Symon]

As far as I'm aware 'shrink wrap' EULA's aren't legal ANYWHERE! All of them 'say' they are altering the contract of sale after the fact, something that never stands in a court in any jurisdiction. That's why you never hear of anyone being taken to court for violating an EULA.

 

It's a frightener, designed to discourage people from doing something they have the right to under existing legislation. For example, in the UK, the average EULA prevents you doing things the 'Sales of Goods act' allows. Guess which has the force of law? Similar legislation trumps an EULA in the USA.

 

An EULA is designed to scare you into not exercising your statutory rights.

 

The key to any contract is 'informed consent'. A shrink wrap EULA rather precludes being informed, and you handed over your money long before you opened the box.

 

Note that people who've bought a Windows PC have (after a lot of effort) got Microsoft to reimburse them when they returned the copy of Windows they didn't want!

[Mailamea]

As far as I'm aware 'shrink wrap' EULA's aren't legal ANYWHERE! All of them 'say' they are altering the contract of sale after the fact' date=' something that never stands in a court in any jurisdiction. That's why you never hear of anyone being taken to court for violating an EULA.

 

It's a frightener, designed to discourage people from doing something they have the right to under existing legislation. For example, in the UK, the average EULA prevents you doing things the 'Sales of Goods act' allows. Guess which has the force of law? Similar legislation trumps an EULA in the USA.

 

An EULA is designed to scare you into not exercising your statutory rights.

 

The key to any contract is 'informed consent'. A shrink wrap EULA rather precludes being informed, and you handed over your money long before you opened the box.

 

Note that people who've bought a Windows PC have (after a lot of effort) got Microsoft to reimburse them when they returned the copy of Windows they didn't want!

[/quote']

A Global happening that would list EULA is true and people are scared of it are SIMS2 and Oblivion Bethesda i think all modders there now of this incident, Bethesda was sued and blamed for this even if the modders are the one that ripped content or something bout changing things.

 

Yes, indeed EULA is even used to exercise and scare you of the rules

 

[Mashi]

Actually I think Georgia is one of the few states where shrink-wrap ELUA's have held, but I'd have to look. Tort law is one of the few areas that I'm weak, most of the stuff I deal with in a legal understanding is in criminal and civil stuff. But I'm sure people will have their heads explode at this one:

 

"By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.

 

YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

 

YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING."

 

This is from the new ToS inside origin, the download service that EA is using for things like TOR, and ME3 and all that. Now what's funny is, AT&T has this in their contract already or something close to it. And so does sony. I do know that in Canada, and all of Europe you can't 'barter' away your sovereign rights under charter documents. Though in the US the courts seem to be really hard at trying to do that anyway.

 

linky here:

http://kotaku.com/5843178/remember-electronic-arts-wont-let-you-sue-them-either

or here:

http://www.gameinformer.com/b/news/archive/2011/09/23/ea-inserts-anti-lawsuit-language-into-new-user-agreement.aspx

 

Oh and if you are in the US, you have until um tomorrow to opt out, I believe the 'amended' ToS came out yesterday around 3pm.

[Symon]

Stunning, but difficult to prove anyone accepted.

 

"You agreed to these terms of service"

 

"I never agreed to that! I'd have been stupid to! The website must have been broken at the time or something. I can't explain why you think I agreed."

 

"You had to agree to use the site."

 

"Nonsense. The site must have been broken for a while. Can you prove it's always worked as intended?"

 

"Uh....can we come back to you on that Your Honor?"

 

If they are imposing the new ToS without agreement, they are on seriously shaky ground. As an example the group I work for recently withdrew their 'Internet Acceptable Use' click-through disclaimer on the proxy-cluster because they came to the conclusion it was rather hard to enforce!

[Mashi]

Personally I see it as a more serious issue that click-through elua's and tos have hit the point where they're trying to remove constitutional, charter, or fundamental and/or guaranteed rights of individuals. It probably won't be long before the courts or government in general either bans them or makes a law on them, just my guess.

[kingofhyrule]

Personally I see it as a more serious issue that click-through elua's and tos have hit the point where they're trying to remove constitutional' date=' charter, or fundamental and/or guaranteed rights of individuals. It probably won't be long before the courts or government in general either bans them or makes a law on them, just my guess.

[/quote']

 

Well sadly the government also clicks through TOS mindlessly, and there's a "You can't take any legal action against us" paragraph in there somewhere so.....

 

But really I think blizzard might actually do that, maybe someone should read it...

 

Edit: I was joking if you couldn't tell, and making a cheap blizzard joke.

[Symon]

It's a fundamental of western law that a contract that contains an illegal clause is void.

 

As a really straight forward example, let's say 'Big Company' has an EULA with a clause:-

"..and in exchange for this, you accept that your first born child is the slave of "Big Company" for all time."

would that stand? No. because contracts that have illegal clauses in them are void, and slavery was, last time I looked, illegal in most jurisdictions. The first born has a statutory right not to be a slave and this cannot be waived.

 

Now attempting to prevent people exercising legal redress is also illegal. The point here, is if even one person thinks such a clause has validity, it's a win for 'Big Company'. That why they use EULAs. For the many people who think they have meaning and are intimidated by them.

 

Most ELUA have a clause along the lines "This ELUA shall not infringe the statutory rights of your juristiction". Generally, this is an admission that many of the clauses in the EULA are void and will not be applied to you!

 

 

[Mashi]

Hah. Doesn't stop them from trying. Sony and AT&T are now fully in it.

 

By the way, if anyone wants to see full blown Godmodding feel free to take a peek here in the comments section, fair warning your eyes might explode.

[Tregarin]

Hah. Doesn't stop them from trying. Sony and AT&T are now fully in it.

 

By the way' date=' if anyone wants to see full blown Godmodding feel free to take a peek here in the comments section, fair warning your eyes might explode.

 

Christ all fucking mighty... that is just appalling.

[Halstrom]

It just struck me of one way to advertise LoversLab on Nexus would be to release a minor sex mod with LoversLab.com shown in a mods game menu, it might get under the radar for a while

[Mailamea]

It just struck me of one way to advertise LoversLab on Nexus would be to release a minor sex mod with LoversLab.com shown in a mods game menu' date=' it might get under the radar for a while

[/quote']

Please for anyone's safety remember that linking mods in the nexus site that came from loverslab is an insta ban in the Nexus Site.

 

 

[Halstrom]

It just struck me of one way to advertise LoversLab on Nexus would be to release a minor sex mod with LoversLab.com shown in a mods game menu' date=' it might get under the radar for a while

[/quote']

Please for anyone's safety remember that linking mods in the nexus site that came from loverslab is an insta ban in the Nexus Site.

Yeah there's a good chance they would ban you as soon as they noticed, maybe if it were on the billboards in the game or LoversLab Cola?

[Mailamea]

It just struck me of one way to advertise LoversLab on Nexus would be to release a minor sex mod with LoversLab.com shown in a mods game menu' date=' it might get under the radar for a while

[/quote']

Please for anyone's safety remember that linking mods in the nexus site that came from loverslab is an insta ban in the Nexus Site.

Yeah there's a good chance they would ban you as soon as they noticed, maybe if it were on the billboards in the game or LoversLab Cola?

 

Its a good idea introducing the site ingame. Since alt tab is fixed in NV now it would be a fun mod.

[fritz_t_coyote]

Maybe a battered and faded in-game sign at the entrance to a military base?

 

|----------------------------------------------|

| Have you been to Lovers Lane?

| If so, Get tested in the medical Lab.

| By order of the Base Commander

|----------------------------------------------|

 

(the above is an example of why I don't do graphics.

 

The non-bold text faded and peeling, but 3 words (2 and 1/3rd words, actually) mysteriously fresh looking.

 

 

 

[Mashi]

Christ all fucking mighty... that is just appalling.

Nope it's beyond that. It's an epeen contest where someone is on the latest and greatest reach for their 'godhood' in their own little fiefdom. Having seen this happen in businesses that I've worked at, in politics, and on blogs that I've frequented moderated usenet, and the old fido|net system(esh I feel old now), it will eventually spell the deathknell for it. The only question will be how long will it take to die. Of course it could live on for quite a while, considering the state of the world economy. I'm sure not going to sink $20k into a startup right now(whether my own, or someone elses) Not especially since I know that there's a good chance of a heavy deflation spiral right around the corner. And it could be cheaper to do so in a year.

 

 

[Mailamea]

Maybe a battered and faded in-game sign at the entrance to a military base?

 

|----------------------------------------------|

| Have you been to Lovers Lane?

| If so' date=' Get tested in the medical [b']Lab[/b].

| By order of the Base Commander

|----------------------------------------------|

 

(the above is an example of why I don't do graphics.

 

The non-bold text faded and peeling, but 3 words (2 and 1/3rd words, actually) mysteriously fresh looking.

 

 

 

 

Nice concept i wonder if someone would do it. Another is to put the signs or messages at loading screens.

[Guest]

TODAY I GOT BANNED FROM THE NEXUS AND I GOT SO PISSED FCK!

 

Well there is this mod that i converted for fallout and posted it in nexus its already growing with 111 endorsements and 951 downloads.

 

Then out of nowhere without any warning' date=' they deleted my file and closed my account.

 

Their reason is i have no real permission.

 

I credited the original authors and made them as the original creators of the mod,

 

How do they expect me to get a permission from a UN-Active modder i mean years inactive modder.

 

FCK!!!!

[/quote']

 

I really feel with you here. The staff at the nexus are retarded when it comes to banning people. I'm pretty sure they are powermongers who enjoy banning people just to show who's boss(And a big family of jews who pat eachother on the back) That's something I would have been banned for over there .

 

I was also banned, for questioning a moderator and it was really pathetic. I had 2 warnings before that so maybe I had it coming but you got banned without any warnings for a mod that was uploaded in a legit way. At least they should have told you it was wrong and let you remain.

 

But they can't keep people away from the nexus. I have mobile IP so I just reset my modem and created a new account xD.

 

 

[Mailamea]

I really feel with you here. The staff at the nexus are retarded when it comes to banning people. I'm pretty sure they are powermongers who enjoy banning people just to show who's boss(And a big family of jews who pat eachother on the back) That's something I would have been banned for over there .

 

I was also banned' date=' for questioning a moderator and it was really pathetic. I had 2 warnings before that so maybe I had it coming but you got banned without any warnings for a mod that was uploaded in a legit way. At least they should have told you it was wrong and let you remain.

 

But they can't keep people away from the nexus. I have mobile IP so I just reset my modem and created a new account xD.

 

 

[/quote']

As anyone in this forum knows Nexus like this, Nexus site's motto "If your not a PREMIUM, don't fuck with us, were rich and we don't care about your feelings"

 

I was banned without even a fair warning and my upload was legit, because the original resources that my mod came from is from a user that was inactive for 2 years therefore no permission could be granted, as for premium users they rip contents but don't get banned.

 

Using proxy also helps so they can't IP ban you

 

 

[Symon]

Depends if the proxy you use sends an X-forwarded-for header AND they bother to log that!!!!

 

Of course, banning a dynamic ip address (and large parts of the planet have isps that assign dynamic ips to domestic customers as a matter of course) is useless.

[Mailamea]

Depends if the proxy you use sends an X-forwarded-for header AND they bother to log that!!!!

 

Of course' date=' banning a dynamic ip address (and large parts of the planet have isps that assign dynamic ips to domestic customers as a matter of course) is useless.

[/quote']

 

Correct

 

 

[Guest]

I really feel with you here. The staff at the nexus are retarded when it comes to banning people. I'm pretty sure they are powermongers who enjoy banning people just to show who's boss(And a big family of jews who pat eachother on the back) That's something I would have been banned for over there .

 

I was also banned' date=' for questioning a moderator and it was really pathetic. I had 2 warnings before that so maybe I had it coming but you got banned without any warnings for a mod that was uploaded in a legit way. At least they should have told you it was wrong and let you remain.

 

But they can't keep people away from the nexus. I have mobile IP so I just reset my modem and created a new account xD.

 

 

[/quote']

As anyone in this forum knows Nexus like this, Nexus site's motto "If your not a PREMIUM, don't fuck with us, were rich and we don't care about your feelings"

 

I was banned without even a fair warning and my upload was legit, because the original resources that my mod came from is from a user that was inactive for 2 years therefore no permission could be granted, as for premium users they rip contents but don't get banned.

 

Using proxy also helps so they can't IP ban you

 

 

 

Maybe it's not my business but this is an interesting case so I took it to the Nexus forums and they claim you stole the resources(of course they say anything to avoid having to admit they did something wrong). I don't know what's bullshit or not but I don't think it's serious enough to warrant a ban.

 

Here is the thread in case you're interested: http://www.thenexusforums.com/index.php?/topic/23442-the-strike-system/page__pid__3631075__st__270#entry3631075

 

[Tregarin]

In fact the more I know about this specific case, the worse it gets. The author of the stolen file is still a member here in good standing. He is around and can be contacted. He took his mod down himself, because he ran into copyright issues.

 

Then the person you quoted, above, stole his work (which he is not even able to give permission for, as his own work was based on others' work, for which permissions were either rescinded or not given at all). There is a trail, here, of assets that were used, reused, and converted; the original link to the chain has refused to allow the use of the assets in other games. That's a bummer but these things happen.

Cool... they ban you for converting something when you tried to get permission, but consider someone who posted the ORIGINAL STOLEN WORK as a "member in good standing."

 

 

Well done to the twat moderator who posted that... you've just condoned the primary theft. So, why on earth do they bother banning anyone??

[Tregarin]

Maybe it's not my business but this is an interesting case so I took it to the Nexus forums and they claim you stole the resources(of course they say anything to avoid having to admit they did something wrong). I don't know what's bullshit or not but I don't think it's serious enough to warrant a ban.

Let's get it right... stole the resources from someone that stole them in the first place, which they think mailamea10 should apologise for.

 

Any guesses as to when they'll ban this "member in good standing" they're so busy fawning over? (never would be my guess... fucking hypocrites that they are )

[Mashi]

Let's get it right... stole the resources from someone that stole them in the first place' date=' which they think mailamea10 should apologise for.

[/quote']

It's okay. Being a filthy pirate is baaaaaddddd. Unless you're a filthy pirate they agree with, then it's okay! They just don't bath in hypocrisy, they serve it at meal time.