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Hellgate EULA Follow-up

The Hellgate: London Website follows-up on our story about the Hellgate demo EULA (story) with an explanation of why it's worded the way it is. According to the post, the language that raised eyebrows is boilerplate stuff, and that reserving the right to inspect your system is to protect them against you being naughty, so you should trust them not to be naughty themselves, though they do admit that parts of the EULA are "somewhat broad in scope and potentially ambiguous in nature." Word is:

We want to make something very clear. We are in no way scanning your computers for your personal information or taking any personal information without your knowledge. The only time that Flagship or Ping0 would collect your personally identifiable information is when you actually decide to give it to us. Examples are when you create an account for Hellgate: London online or when you provide us your personal information when you enter a contest. The language in the portion of the EULA that has been cited is actually fairly standardized language that is used in the vast majority of EULAs for recent on-line software. It was unfortunately also somewhat broad in scope and potentially ambiguous in nature in an attempt to keep the legalese at a minimum.

This catch-all statement was included so that we have the ability to determine if someone is using hacks, unauthorized mods or other abusive applications while playing the game which spoils the gameplay for everyone else. We also use this catch-all to protect other parties offering technical support, such as our online provider, Ping0. This is a completely legitimate function and other leaders in the MMO space do it in an effort to stop hackers and provide better technical support. In order to stop hacks and cheats, as well as attempts at outright fraud, we may need the ability to scan our player’s computers for applications running at the same time as our game. This paragraph was designed to be able to allow for such functionality. It is also important to point out that EA does not determine what we do in regards to online and offline for our game security.

Also, this has nothing specifically to do with advertisements. EA has nothing do with Massive or potential ad-serving in Hellgate: London. First and foremost, any in-game advertising that would be in Hellgate: London is there to simulate how London looks in the real-world. Ads that represent this have been in the entirety of the beta, and in fact, have been shown in the game for well over a year. The fact is that we did not agree to potentially have ads in the game just to make more money. If we did not work with Massive, we would have to get individual approvals from every single company that we want to feature in the Underground stations. This is simply too time consuming and it’s much better to have the experts to do it, allowing us time to focus on making Hellgate: London better and better while getting a realistic portrayal of London in the process.

Should we elect to serve ads, they must be approved by us, Flagship Studios. We would demand that they be in-context with the game world - aged, weathered, only shown in appropriate areas, just as the static posters you see in the Stations are now. We have no interest in putting giant, bright-white billboard in the middle of your battles or having you wield swords of Brand X Cola.

Finally, Hellgate: London and all of the online play and components are controlled by Flagship Studios and Ping0. We’re all gamers here, and we’re as sensitive to protecting our personal information as you are. This is why we have spent the past six months becoming a member of the ESRB Privacy Online certification program. This means that we’re meeting the most rigorous standards in the industry for protecting your privacy and the information that you provide us.

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42. Re: No subject Oct 24, 2007, 14:27 m00t
 
As for the 'spyware', honestly it sounds just like Warden that WoW uses, or Half life 2's VAC.

Difference here is that those 2 companies are not 'reserving the right to share with their partners, without limitations'.


Valve:
"7. USER GENERATED INFORMATION

"User Generated Information" means any information made available to other users through your use of multi-user features of Steam or to Valve through your use of the Steam Software. User Generated Information may include, but is not limited to, chat, forum posts, screen names, game selections, player performances, usage data, suggestions about Valve products or services, and error notifications. Subject to the Valve privacy policy referenced in Section 1 above, as applicable, you expressly grant Valve the complete and irrevocable right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Generated Information and derivative works thereof in any form, anywhere, with or without attribution to you, and without any notice or compensation to you of any kind.
"


That's pretty broad and explicitely states they reserve the right to distribute information gathered from various usage of their service.
"any information made available to other users through your use of multi-user features of Steam or to Valve through your use of the Steam Software. "
Which sounds like it would cover any sort of system information you send them (granted, they do ask...)

Blizzard:
# WHEN RUNNING, THE PROGRAM MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH WORLD OF WARCRAFT. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADDON" OR "MOD," THAT IN BLIZZARD'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE WORLD OF WARCRAFT INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY BLIZZARD; OR (iii) INTERCEPTS, "MINES," OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE PROGRAM. IN THE EVENT THAT THE PROGRAM DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, BLIZZARD MAY (a) COMMUNICATE INFORMATION BACK TO BLIZZARD, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER SECTION 6 OF THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
# WHEN THE PROGRAM IS RUNNING, BLIZZARD MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE PROGRAM AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.
# Blizzard may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. Blizzard may use or disclose your personal information if Blizzard believes that doing so may protect your safety or the safety of others.
# BLIZZARD MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING.


Which does not appear to contain language indicating their right to distribute the data for purposes other than ToS enforcement and police investigation. So yeah, they are subtley different, but Steam (Valve) and Blizzard are both much larger entities than FSS so I'm not surprised they don't feel the need to whore out their customers to other people when they can do it entirely on an internal basis and keep any gains for themselves.

 
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