Paysite Discussion Thread
Phycosymo:
Quote from: Dr_Pixel;888271
Yes, EA is pretty much trying to keep themselves OUT of this, they certainly don't want to become responsible for paysites (or any Sims2 fansites for that matter)
I think thats becuase they have allready had legal problems with the sims 2, evil tyrant jack thompson allready attacked TS2 beacuase of adult custom content, now EA has to face almost a whole freaking community, compared to a weak lawyer. (he blames video games at any very imfamous event, like the virginia tech shooting) EA doesnt want to
deal with it...
Dr_Pixel:
Please look at the link I gave a few posts above - it is an announcement on the EA site that the EULA of the Content Manager is now the official EULA for the game itself and all expansions.
And it does, in fact, have all the "non commercial" references removed.
It also makes no reference to sharing files - but it didn't before, either.
Are paysites now legal? That is misleading, since they never were illegal - a EULA is a two-party contract, not a law. Before this, you could validly make the claim that paysites were in violation of the EULA, or guilty of Breach of Contract. Now you can not.
Do you (I am using "you" in the collective sense) have to agree to the new EULA? Not now, not until they actually put it into an expansion pack that you install - and they have said that it is too late to include this new EULA in the next expansion.
However, what you do in regards to the EULA has no bearing on what other people do - once again, a EULA is a two party contract, not a public law. What I mean is that I am not bound in any way by a EULA that someone else accepts, only by a EULA that I accept myself.
The idea that Maxis/EA has any responsibility for user-made content is also false - they allow people to make and distribute it, but they clearly say that they do not endorse it, and you are supposed to include that statement on your website.
They even take it further, by putting up that warning notice when you start the game saying that the custom content you have installed could damage your game, and you must purposely click on the button to allow custom content to stay in your game at that point. Basically this amounts to another contract, relieving them of any responsibility for custom content of any kind, pay or free.
Inge Jones:
And what benefit hassling EA to take responsibility for user-made content can bring I do not know. If we succeeded in that, they'd simply ban user-made content!
Someone will now make the point that they would be silly to do that because the sales of the game will decrease. Well we now know the sales would probably decrease by no more than 5% at the most, as EA have published some research showing that only 5% of their users ever download any of the patches. They seem to think that this may mean only that many users actually use the internet to help them enjoy the game. I think it may mean that too.
Meganne:
Quote from: Dr_Pixel;891452
Please look at the link I gave a few posts above - it is an announcement on the EA site that the EULA of the Content Manager is now the official EULA for the game itself and all expansions.
Actually that's a link to a post by Maxoid that is not part of the legal office of EA. Seems that the legal office of EA states that the Content Manager EULA sends you to the EULA you received with your game, the one with non-commercial references.
That would make sense since we didn't accept any other agreement.
I would suggest to everybody really interested on this matter to call 650-628-1500 press 0 and ask to speak to the legal department.
Phycosymo:
Quote from: Dr_Pixel;891452
Please look at the link I gave a few posts above - it is an announcement on the EA site that the EULA of the Content Manager is now the official EULA for the game itself and all expansions.
And it does, in fact, have all the "non commercial" references removed.
It also makes no reference to sharing files - but it didn't before, either.
Are paysites now legal? That is misleading, since they never were illegal - a EULA is a two-party contract, not a law. Before this, you could validly make the claim that paysites were in violation of the EULA, or guilty of Breach of Contract. Now you can not.
Do you (I am using "you" in the collective sense) have to agree to the new EULA? Not now, not until they actually put it into an expansion pack that you install - and they have said that it is too late to include this new EULA in the next expansion.
However, what you do in regards to the EULA has no bearing on what other people do - once again, a EULA is a two party contract, not a public law. What I mean is that I am not bound in any way by a EULA that someone else accepts, only by a EULA that I accept myself.
The idea that Maxis/EA has any responsibility for user-made content is also false - they allow people to make and distribute it, but they clearly say that they do not endorse it, and you are supposed to include that statement on your website.
They even take it further, by putting up that warning notice when you start the game saying that the custom content you have installed could damage your game, and you must purposely click on the button to allow custom content to stay in your game at that point. Basically this amounts to another contract, relieving them of any responsibility for custom content of any kind, pay or free.
That clears things up...
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