Forum Settings
       
« Previous 1 2
Reply To Thread

Petition: You Have Been RobbedFollow

#1 Feb 19 2004 at 3:28 AM Rating: Good
*Steps up on Soapbox*

Regarding the Tribute Point reset, this is my petition on eqlive, to Tarew Marr GM. One voice is nothing but many make too much noise to be ignored. Feel free to copy/paste and edit to your specifics if you do not like to write, but please petition one way or another. This was straight up robbery.

Dear Sony/EQ GM/CSR's,

When the Tribute masters went live, I went to donate at the first opportunity as I wanted Mana Preservation IV definetly, and Flowing Thought V if possible.

I cleared out my trader and three other toons of all the lower end items I was otherwise going to sell in the bazaar on my trader, to get Mana Pres IV in an item, as well as a few higher end items that were not selling with any real quickness, or not selling for what I thought was a fair price.

I saw what the Tribute Master was giving for what I would have otherwise sold, deemed it to be a very fair trade-off (unlike the game NPC's who are outright thieves) that would allow me to have the effect long enough for me to win a bid at a raid for such an item, and "purchased" Tribute points in trade for droppable items. I then set the tribute points to spend in ways I thought would better my character and was greatful I did not have to stand in bazaar all day to get the platinum to buy a Mana Pres IV item at this point in time. I was very happy that day, and felt that finally Sony had offered something to the player that was truly useful and obtainable. Something that recognized hard work and rewarded you for it.

Today I log in to find that my tribute points have been downgraded to 6k from 45k, and not only do I htink Sony has done it's loyal EQ players a grave disservice but I am almost positive this is against the law. You have sold a digital effect to me at a set price per digital item on one date, then decided to lower the item's value without giving me the option to completely bow out of the tribute system and recover my digital items.

You could not sell me a car on a Sunday and then on Wednesday
come and rip out the CD player and take the tires off as you have now decided it was too good a deal. You should not be able to come and strip my character of Tribute points that I gave what I thought to equate a fair market value in items for. Had the items only been worth what was offered at the rate you "allotted" to me today (some 0ne-eigth the original value), I would NEVER have given those items as tribute to begin with.

I would have chalked it up as yet another NPC who wants to put the screws to you for anything even remotely decent you are trying to buy/sell to them. As is usually the case with EQ NPC's.

I am asking that all my items be returned, and all your tribute points be returned to you. I choose not to participate in the Tribute System. My choice to do so should be equally as viable as your choice to penalize me for having participated in the first place.

It is almost as if Sony pulled a robbery act on those of us who have stockpiled player items. Less items means less platinum from Trader sales. Less platinum in game means less to be sold to outside platinum sellers, which drives the outside prices of platinum up so high that no one will want to buy it anymore, and you would again be in control of the platinum on each server. (Say the platinum that was created by exploitation not
too very long ago on this server at least?.

That would be a very underhanded (and I am just certain, illegal) way of doing business with people who bought Everquest and all it's expansions, and pay monthly to play, who play legally, investing thousands and thousands of hours building up characters who are capable of high volume equipment storage and trading.

I am sure my lawyer would be very interested in looking up precendence on this subject, as it is new but definetly established, and people are winning suits for this very thing, even as we speak. I love to play Everquest. I do not like to be dealt with unfairly.

Sony tested it, thought it was good, initiated it, then changed their collective mind, deeming it a bad decision. I should not have to pay so large a price for Sony's choices. I wait patiently for patches to finish, for server resets, for server overloads that always happen but are never properly planned for, for random stupidity as well, all for things that were supposedly tested before implementation. I give honest and thoughtful feedback, report bugs when I find them, and try to play as honestly as I can. I pay for two accounts to play the game, and have requested to volunteer my time as a guide on another server. I pay to play, not to be penalized for paying to play.

Since you decided not to roll back the servers on the night that you took the Tribute Masters down, when you might have done so with much smaller difficulty and fallout, it is my opinion you should have eaten whatever foolishness occurred up until the point where you put the tribute masters back up at a FAR lesser trade value than originally offered. You did not, and in doing so, the end product is that you have robbed me of many items after allowing me to think it was a fair deal. I want them back. ASAP.

Sincerely,
"Real name On Credit Card"
Account: "Account Name"
aka: "Player Name" of Tarew Marr
#2 Feb 19 2004 at 5:10 AM Rating: Decent
29 posts
I'm not going to touch the rights and wrongs of the changes to the tribute system - I'm not qualified to comment, as I've not handed anything in yet.

However, there is no question that what they have done is entirely legal. You haven't paid real money for these things, you've paid EQ money, which belongs to Sony, for an ingame effect, which belongs to Sony. There being no actual transaction, there is no contract. With no contract, there is no breach. With no breach of contract, there is no illegal act.

Sorry - but that section of your letter is wrong, and your analogy to a car is wrong for the same reasons. (If I buy a car from you with money, we enter in to a contract, if you come and damage the car you've broken the contract).

Accusing people of breaking the law is rarely a good way to get them to do anything.

I do understand your frustration, but you have to understand that your only rights are those agreed to in the EULA and in normal purchase law.
#3 Feb 19 2004 at 7:12 AM Rating: Decent
***
1,251 posts
Quote:
However, there is no question that what they have done is entirely legal. You haven't paid real money for these things, you've paid EQ money, which belongs to Sony, for an ingame effect, which belongs to Sony. There being no actual transaction, there is no contract. With no contract, there is no breach. With no breach of contract, there is no illegal act.


Don't know about that...

http://www.technewsworld.com/perl/story/32441.html

quote from link:
"Online auction houses like eBay and Yahoo Auctions have seen users buying and selling items in virtual game space -- such as stashes of virtual money or powerful game weapons -- for real-world dollars.
Even major companies like IBM (NYSE: IBM) -- which recently released a commerce system specifically designed for virtual worlds -- have acknowledged the potential for the world of online gaming to move quickly into the mainstream.

Xinhuanet called the case the "first virtual property rights dispute case" in China, but it appears to be a world first with a lack of precedent even in the litigious United States.
However, the case is not the first time that virtual property and game server security breaches have left players feeling cheated. "
____________________________
Still a noob. :-P
Characters on Drinal, Povar, EMarr, Firiona Vie.
#4 Feb 19 2004 at 7:20 AM Rating: Default
29 posts
Ah...but it's the _real world_ dollars bit that's important.

It doesn't matter that one half of it is a virtual thingy (though I'd point out that the EULA forbids this!) but the Real World dollars - actual money - makes the difference.

There are no test cases of virtual goods for virtual goods exchange that I'm aware of.
#5 Feb 19 2004 at 7:47 AM Rating: Decent
***
1,251 posts
Quote:
Ah...but it's the _real world_ dollars bit that's important.


it is not the "real_dollars_bit", as the whole report says more to it. well, I only quoted parts of the site, as I thought, that one would actually look the link up if he's interested. and of course, every case is different. but just the fact, that there are courtcase out there is what counts.

more quotes from site http://www.technewsworld.com/perl/story/32441.html

"In most cases, online players have too much invested simply to start over or forget about lost rewards, equipment or status in games.
"People very definitely feel they have a real investment in these possessions, and they definitely feel entitled to what they've earned," Russell said."

I definetely would recommend talking to your lawyer.

Edited, Thu Feb 19 07:50:08 2004 by Kajolus
____________________________
Still a noob. :-P
Characters on Drinal, Povar, EMarr, Firiona Vie.
#6 Feb 19 2004 at 8:08 AM Rating: Decent
**
531 posts
Chances of winning such a case happen to be small, but let's just say you DO win..... You certainly won't win very much. Even with the high-end droppables we're talking about winning hundreds of dollars which is probably less than the cost to file the suit and/or have a lawyer. Class-action suit (getting all the players together to file) would be the only way to get real money out of SOE but even then it will split to being hundreds of dollars per person at best. Most people wouldn't bother except a few....

Keep in mind, most of the gear given was lower end items and SOE's best defense is to say that someone of this person's experience would easily be able to replace such items.

Just my 2cp's, but I've thought all along that they knew what they were doing when they did this.....

I post those thoughts here.....
http://www.allakhazam.com/news/sdetail3071.html?story=3071
and
http://www.allakhazam.com/forum.html?forum=1&mid=1076731837268805930&num=7

I think SOE is behind companies like IGE if it doesn't own then outright. After all these years, NOW they try to fix the economy? We'd really have to wonder why.....
#7 Feb 19 2004 at 8:24 AM Rating: Good
Liberal Conspiracy
*******
TILT
Quote:
You certainly won't win very much
Or anything. Sony could let you wrestle around with its herd of high priced lawyers for a few months and, for your trouble, reset your old Tribute values once you've blown ten grand in legal fees. Restitution granted and problem solved Smiley: smile
____________________________
Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#8 Feb 19 2004 at 8:42 AM Rating: Decent
There have been a few such cases around the world wherein players who have accumulated wealth i online characters have received settlements in their favor when things have happened to them. However, judges have ruled in favor of the individual, stating that even though the in game items do not "exist" in real life the do exist in the ethereal world and "belong" to the avatars, regardless of whatever claim of ownership is put down in an End User License Agreement (EULA). One judge even went so far as to say that a EULA is just a companies way of sayin how they can change anything they want at any time, thus stealing from an individual avatar any time the see fit. I will look up where i read these later. Just my 2cp....
#9 Feb 19 2004 at 9:39 AM Rating: Decent
first id like to quote "Keep in mind, most of the gear given was lower end items and SOE's best defense is to say that someone of this person's experience would easily be able to replace such items."

Since the trivial loot rule went into effect that is not as doable as one might hope
#10 Feb 19 2004 at 9:42 AM Rating: Excellent
Will swallow your soul
******
29,360 posts
If all you traded was lots of low-end crap, then ffs just spend a couple of hours collecting fine steel and whatnot from some empty Antonican dungeon.
____________________________
In a time of universal deceit, telling the truth is a revolutionary act.

#11 Feb 19 2004 at 11:01 AM Rating: Good
****
4,596 posts
Quote:
but I am almost positive this is against the law


Your not serious right? Because this is probably the silliest thing I have ever read.

"http://eqlive.station.sony.com/support/customer_service/cs_EULA.jsp" wrote:
8. We and our suppliers shall retain all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to or residing in the CD-ROM, the Software and the Game, all copies thereof, and all game character data in connection therewith. You acknowledge and agree that you have not and will not acquire or obtain any intellectual property or other rights, including any right of exploitation, of any kind in or to the CD-ROM, the Software or the Game, including, without limitation, in any character(s), item(s), coin(s) or other material or property, and that all such property, material and items are exclusively owned by us.


You own nothing. You can summarize your whole petition as follows:

/petition I exploited the system, it came around and bit me. wahhhhhh


added link to EULA

Edited, Thu Feb 19 11:17:07 2004 by xythex
____________________________
Nicroll 65 Assassin
Teltorid 52 Druid
Aude Sapere

Oh hell camp me all you want f**kers. I own this site and thus I own you. - Allakhazam
#12 Feb 19 2004 at 11:28 AM Rating: Good
****
4,596 posts
Quote:
There have been a few such cases around the world wherein players who have accumulated wealth i online characters have received settlements in their favor when things have happened to them. However, judges have ruled in favor of the individual, stating that even though the in game items do not "exist" in real life the do exist in the ethereal world and "belong" to the avatars, regardless of whatever claim of ownership is put down in an End User License Agreement (EULA). One judge even went so far as to say that a EULA is just a companies way of sayin how they can change anything they want at any time, thus stealing from an individual avatar any time the see fit. I will look up where i read these later. Just my 2cp....


I doubt that this was in the County of San Diego in the state of California which is where the contract you enter into every time you play the game is governed by.


"EULA" wrote:
16. This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Agreement shall be brought in the County of San Diego, State of California (if under State law) or the Southern District of California (if under federal law). If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties.


Due to the nature of the EULA for any case like what you are saying to be valid it would have to be tried in California. In which case even if you did win, which was doubtfull, the most SOE would be obligated to provide you with was $100 and it would more likely be $12.95 neither of which would buy you an hour with a lawyer capable of even presenting a case like this.
____________________________
Nicroll 65 Assassin
Teltorid 52 Druid
Aude Sapere

Oh hell camp me all you want f**kers. I own this site and thus I own you. - Allakhazam
#13 Feb 19 2004 at 11:49 AM Rating: Decent
*
59 posts
I have to agree with Xythex on this one. The people who turned items into the tribute masters and actually beleived the number of tribute points was correct for the items turned in must be crazy. You exploited a bug. It's that simple. Even without using animated bait people were accumulating enough points to keep several buffs maxed for weeks on end. I can assure you that SOE did not intend to give everyone permanent FT V and focus effects for turning in fine steel weapons.

#14 Feb 19 2004 at 3:22 PM Rating: Decent
I'm gonna stick my neck out here and add my 2 pennies worth...

everquest is a game....

Nothing in EQ exists in Real Life (ignoring IGE etc).. Things in the game do get frustrating but really - is it that much that SoE have adjusted gameplay as it developed differently to that intended..

I've wasted too many tears on this game already - I know it now... it is a game :)

Please dont flame me - this is just my honest opinion

Edited, Thu Feb 19 15:23:52 2004 by superseagull
#15 Feb 19 2004 at 3:38 PM Rating: Decent
This game sux anyway. The game mechanics have and always will be bugged.

I play so I can act bigger than I really am in RL.

Just my honest opinion.

Edited, Thu Feb 19 15:39:21 2004 by Leapwater
#16 Feb 19 2004 at 3:56 PM Rating: Decent
Well, what happened was wrong...I certainly do not support SONY on that. SONY would not let this go to court...they do not want to spend the time and money with their lawyers. They will allow you to file suit and spend you money then they will point out some arbitration clause that invariably exists in the statement that we all agree to when we log in.

Even if such a clause does not exist they will refund your items. That simple. So you are out real world dollars to file suit and all of the time and frustration and then they will just give you back your toon stuff. Maybe give you a couple months free service.

They could give you an item that is totally useless but has an EQ world value equal to that of your lost items...that is the wicked thing for them to do...since they do control the entire economy of the toon land we play in.

Bottom line, I do not think you could get more than your $12 /month back equal to the time it took to get those items that you lost. There is no real-world value for the items. The time spent in game is worth exactly $12.95 / month and is all you are out. If you complain about all the time you spent to get them...they will tell you (and I will too) that is what you pay for...to play the game. You do not pay SONY to get stuff, toon or not. You pay to play the game, and if you got no enjoyment from getting those items and others, then you are the one wasting your $12 a month.

As I said, it is wrong for them to roll back this feature, especially sticking people like yourselves with a loss...and you should take this up with them. But I think anyone that sues in RL over what happens in toon land is stupid. It is a game. It is fantasy. If it gets you frustrated enough to want to sue, quit playing and re-prioritize your life.

#17 Feb 19 2004 at 6:08 PM Rating: Decent
Prodigal Son
******
20,643 posts
If you really want to get SOE's attention, kill yourself in front of your PC with your character logged in and some "female" character names written down nearby. SOE will certainly take notice and use the incident to increase exposure and publicity.
As to making actual changes in SOE's policies or in-game actions, you're SOL (no, not the expansion).
____________________________
publiusvarus wrote:
we all know liberals are well adjusted american citizens who only want what's best for society. While conservatives are evil money grubbing scum who only want to sh*t on the little man and rob the world of its resources.
#18 Feb 19 2004 at 7:06 PM Rating: Good
Twice in one day I feel the urge to use the vomit smiley.

How about reinstating it Alla? Smiley: smile
#19 Feb 19 2004 at 7:34 PM Rating: Decent
I agree with the fact that SoE really fumbled this one. Their attemp to fix the problem also blew up, if the posts on several boards are correct. However, a petition is not the way to go. If you want to get SoE's attention, arrange a walk-out. If you can pull it off such that, for a pre-determined and publicized week, a significant number of players refuse to log into a given server, it might get their attention. Then again, they might just say 'Cool, low bandwidth cost this week'.
#20 Feb 19 2004 at 7:39 PM Rating: Decent
I really doubt that they will respond to a walkout...that does not translate into money at all. As you said, it lowers their bandwidth. Now...a mass account cancellation is a different matter altogether.
#21 Feb 19 2004 at 11:56 PM Rating: Good
***
1,087 posts
Have you still not learned when something seems too good to be true, it will get nerfed, espeically during first few weeks of a new expension?

Did you really expect and still continue to beleive that few K pp worth of items could buy you perm (effectively perm if you keep turning in a few vendor junks to tribute guy every other week) uber focus effects?

Do you sue the bank if you tried to withdraw 200 dollars from an ATM but it coughs out 1500 dollars, and the bank is taking the 1300 back?

Edited, Thu Feb 19 23:57:42 2004 by Assailant
#22 Feb 20 2004 at 9:50 AM Rating: Good
****
4,596 posts
Quote:
Now...a mass account cancellation is a different matter altogether


I agree, everyone who feels slighted by this should start right away Smiley: sly
____________________________
Nicroll 65 Assassin
Teltorid 52 Druid
Aude Sapere

Oh hell camp me all you want f**kers. I own this site and thus I own you. - Allakhazam
#23 Feb 20 2004 at 11:01 AM Rating: Decent
tad bit of info about the EULA, it is not a contract that is binding in any court.

As SoE has allowed knowingly for IGE and others to buy and sell items, accounts, etc without banning as per the EULA, SOE has made that agreement null and void in the eyes of the law.

there is a thing called common practice. this is more important then a contract in the eyes of the law. if a company has a contract and consistantly does not inforce this contract, then the practce they are performing becomes the real contract and thus the only contract inforcable via court action.

in other words if you say you are going to do one thing then do an other, its the doing of the other that is now binding and not what you said.

so basicaly those 2 quotes out of the EULA mean absolultly nothing when it comes to legality of anything as SoE has consistantly and blatantly ignored the fact that companies and people buy and sell in game items and accounts, both of witch are in direct violation of the 'EULA', thus by their inacction and greed they have made their own EULA worthless and not inforcable.

Go Here and read up on what is being talked about on the EQ Tech forum.

lots of ppl just do not understand some basic facts about business.

the fact is what SoE did was needed to an extent, but the way they did it was majorly wrong. it is a classic bait and switch in addition to defective product accourding to their own admitance. ie. the last 2 patches, the bringing down of the faction merchants, the bringing down of the casinos yet again.

the faction merchants and the casinos are for 1 reason and 1 reason only. SoE does not like the fact that player have all this coin and items in their accounts so they make ways for ppl to waist their money and to take it without any form of compensation.

why do you think they let this 'bug' slip into a live release of an expansion? this big of a 'bug' was not something that could just slip by even the worst of QA departments. this was done intentionaly. you can not tell me that SoE did not honestly think something like this would not get used.. if you are thinking that, then you are only fooling your self and SoE is winning in doing just that. fooling you.

thus the old statement:

the fool and his money are soon seperated

well, if you feel you have been fooled, then file a complaint with your CC company and requrest a chargeback. look on the 2nd page for some details on how chargebacks work folks.

you want to get SoEs attention, the only way to do that is by hitting them in the only place they give a damn. in thier back pocket. take $$$ out of their pocket. if only 2% of the total advertised accounts request a charge back that would hurt SoE, by roughly $300k in 1 month.

that my friends would get SoE's and Sony's attention big time.
#24 Feb 21 2004 at 10:43 AM Rating: Decent
Of course if you meant to take out $200 from a bank and got $1500 you would return $1300. That is because you agreed that you only wanted $200. With the tribute system nothing was written regarding what the trades would be worth, therefore when we traded in something and got say 1k points for it we expected that this was the actual value of that item. For SOE to go "gee, i think we made a mistake by making the values too high" and then reduce points already given due to their short-sightedness is, well, cheap and kind of mean-spirited. They punish players who took their system at face value and in good faith and slapped us.

Using the same bank example... if I deposit $500 because the bank deemed that this piece of paper with #s on it equaled $500 when I deposited it, I would expect to keep my value. But what SOE did was take my $500 and go "gee, we didnt mean to place a value this high on this paper" and gives me back $10 when I go to withdraw. That is what happened.

If SOE wants to alter the value of products then that is fine and within their rights... for going forward. But to reduce and essentially 'punish' players for having faith in the SOE tribute 'banking system' only to be penalized for their deposits when SOE realizes their system needs to be tweaked might not be illegal or technically wrong, but it is still unfair and poor sportsmanship.

I went from 30K tribute points to 4.8k overnite. Guess who's never using the tribute system again? And I am sure it wont just be me who discontinues using it too. SOE's grand plan for getting rid of items and plat in the EQ economy just fell flat on it's face with this nerf.
#25 Feb 21 2004 at 12:36 PM Rating: Good
***
1,817 posts
don't even fight...you won't win. if you COULD even win this, think of the madness it would cause. people sueing them left and right when the power drops during a quest hand in. server hiccups and people lose the kill or drops from a raid, etc.

you really WANT something like that to be legal? you want to be able to strip money from Sony, and think they will provide a decent service (or a service at all) if people start sueing the money out of them?

I personally like playing EQ...start sueing and draining the money out of them and you will be the first to complain when they shut down because the cant economically support it anymore. thats assuming you would win, which you won't.
#26 Feb 21 2004 at 3:57 PM Rating: Decent
The Great Empyre wrote:
don't even fight...you won't win. if you COULD even win this, think of the madness it would cause. people sueing them left and right when the power drops during a quest hand in. server hiccups and people lose the kill or drops from a raid, etc.

you really WANT something like that to be legal? you want to be able to strip money from Sony, and think they will provide a decent service (or a service at all) if people start sueing the money out of them?

I personally like playing EQ...start sueing and draining the money out of them and you will be the first to complain when they shut down because the cant economically support it anymore. thats assuming you would win, which you won't.


let think about this for a min.

A. Sony does not provide a great service. have you ever really tried to get help from Sony CSR??? they bold face lie, that is a fact, and they will lie again and again and again until you get lucky and find someone willing to point you in the right direction to get things done and not going to lie to you. thus proving that others in that company do lie and lie often.

B. Sony makes roughly $5,180,000 a month on service fee alone, not includeing sales of new accounts and other services. this is $12.95 X 400,000 accounts that SoE states they have more then so that is on the low side even with ppl paying less due to 3month, 6months, and 12months.

with that kind of money on a monthly bases there is no reason Sony could not provide better service and QA in their products.
« Previous 1 2
Reply To Thread

Colors Smileys Quote OriginalQuote Checked Help

 

Recent Visitors: 237 All times are in CST
Grove, Anonymous Guests (236)