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SimCity EULA to be Fixed

The SimCity Facebook Page has a follow up to the story we helped break on Sunday about worrisome language in the EULA for the upcoming SimCity reboot suggesting beta testers would lose access to all EA games for failing to report bugs in the beta (thanks Joe). Here's word:

Heads up, Mayors – it’s been brought to our attention that there’s been some confusion regarding the bug-reporting policy in the EA beta test agreement for SimCity.

Don’t worry – EA has never taken away access to a player’s games for failing to report a bug. In fact, we’re in the process of updating our agreement to make this point clear before the beta starts this Friday. If you have any more questions, read our FAQ: http://bit.ly/UCpuAA

Hope to see you in the beta Friday!

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23. Re: SimCity EULA to be Fixed Jan 23, 2013, 16:36 Flatline
 
Beamer wrote on Jan 23, 2013, 09:41:
No. People on this board get worked up incredibly over EULAs. Sometimes with reason. Sometimes not. When they mention restricting access usually not. Here is how EULAs usually go:
Attorney, probably outside counsel, writes it.
Attorney, inside counsel, stamps it.
Developer gets a copy, says "yeah, whatever," ignores it.
It goes out.

Outside counsel is trying to make sure it can't get sued for something that happens, so it includes everything. It wants to make sure that no one that gets banned for exploiting a bug (something that's valid to ban for in a competitive multiplayer game), so they write it in a way that makes it very difficult for someone to argue.

There's never any intent to abuse this, but it's someone covering their ass. And it's fine that people push back to make sure it can never be abused, but the odds of this being EA trying to be abusive is pretty much nil. It's just attorneys being attorneys, and the reason they act that way is to prevent from being sued themselves.

It's like the whole Instagram EULA thing. Again, Nilay Patel on The Verge, probably the only person I trust in analyzing EULAs, says that the one the internet set fire to Instagram for was actually a better EULA than the original. It had MORE rights for users and fewer for Instagram. It also spelled things out in plain English. But the original EULA was more obtuse, and it was there in the first place rather than a change that people looked to compare, so it wasn't something anyone complained about. People complained about the new, easier to read, more user friendly one, so Instagram went back to the old one. The one that gives them more control over your pictures and allows them to pass that extra control on to advertisers.

Again, it was probably just overzealous attorneys, not Instagram being evil. And again, it's ok to make people fight their attorneys rather than rubber stamp. I just want to point out it's probably no one being evil.

Yeah in legal they call it "boilerplate". You should see my release of liability contract when I show up and do work on a system. I could take a leak into a live server and then smash it with a hammer repeatedly and my release of liability says I can't be touched for it. The language is so draconian that I had trouble getting some customers to sign it. The argument went something like:

"WTF? You could intentionally destroy my equipment and not be liable?"

"No, I have no intention of destroying your equipment. But if something breaks while I'm attempting repairs in good faith, you could sue me, accusing me of malicious intent. This gives me legal protection from that argument."

"WTF You're going to piss into my server aren't you?"

"Sigh."

So I had a lawyer change the wording around and removed the "intentional damages" references and had the waiver changed to "the undersigned agrees that all work to be done is done in good faith" or something along those lines and they sign happily.

Still, that being said, whatever you click to agree with on the EULA can at least make a stand in court (if not actually hold up in court). I think the response was perfectly appropriate. It's a contract that hadn't been entered into yet, and we, the potential signors, saw what we felt was an inappropriate clause in the contract, and voiced our opinion. And since the industry *only* listens to wharrgarbl, that's the appropriate response.
 
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    Date Subject Author
  1. Jan 23, 09:28 Re: SimCity EULA to be Fixed nin
  3. Jan 23, 09:41  Re: SimCity EULA to be Fixed Beamer
  5. Jan 23, 10:04   Re: SimCity EULA to be Fixed RollinThundr
  6. Jan 23, 10:22    Re: SimCity EULA to be Fixed Verno
  8. Jan 23, 10:42     Re: SimCity EULA to be Fixed RollinThundr
  9. Jan 23, 10:50      Re: SimCity EULA to be Fixed Verno
  13. Jan 23, 11:42       Re: SimCity EULA to be Fixed RollinThundr
  15. Jan 23, 12:16        Re: SimCity EULA to be Fixed NewMaxx
  16. Jan 23, 12:23        Re: SimCity EULA to be Fixed Dev
  17. Jan 23, 12:33         Re: SimCity EULA to be Fixed ASeven
  18. Jan 23, 12:40        Re: SimCity EULA to be Fixed Verno
  24. Jan 23, 16:38      Re: SimCity EULA to be Fixed Cutter
  27. Jan 23, 17:54       Re: SimCity EULA to be Fixed RollinThundr
  20. Jan 23, 14:19    Re: SimCity EULA to be Fixed Slick
  33. Jan 27, 12:45     Re: SimCity EULA to be Fixed Dev
  7. Jan 23, 10:24   Re: SimCity EULA to be Fixed InBlack
  14. Jan 23, 11:43   Re: SimCity EULA to be Fixed theyarecomingforyou
>> 23. Jan 23, 16:36   Re: SimCity EULA to be Fixed Flatline
  12. Jan 23, 11:16  Re: SimCity EULA to be Fixed Creston
  2. Jan 23, 09:37 Re: SimCity EULA to be Fixed Verno
  4. Jan 23, 09:57 Re: More Big Picture Details HorrorScope
  10. Jan 23, 10:56 Re: SimCity EULA to be Fixed Jivaro
  11. Jan 23, 11:15 Re: SimCity EULA to be Fixed Creston
  19. Jan 23, 13:44 Re: SimCity EULA to be Fixed jdreyer
  21. Jan 23, 15:43 Re: SimCity EULA to be Fixed wtf_man
  22. Jan 23, 16:31  Re: SimCity EULA to be Fixed J
  25. Jan 23, 16:41 Re: SimCity EULA to be Fixed Cutter
  26. Jan 23, 17:42  Re: SimCity EULA to be Fixed Julio
  28. Jan 23, 17:58 Re: SimCity EULA to be Fixed Redmask
  29. Jan 23, 18:19  Re: SimCity EULA to be Fixed Panickd
  30. Jan 23, 18:31   Re: SimCity EULA to be Fixed Redmask
  31. Jan 23, 19:02    Re: SimCity EULA to be Fixed Panickd
  32. Jan 23, 20:08     Re: SimCity EULA to be Fixed Redmask


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