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Brainlord Mesomorph

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Posts posted by Brainlord Mesomorph

    Brainlord Mesomorph says “So long, and thanks for all the fish.”

    in Kerbal Network

    Posted

    It has come to my attention that in order to post on this forum, I’m supposed to agree the 1.4 EULA.

    While that is an obvious and ham-fisted attempt to silence decent, nevertheless, since I clearly do not agree, my presence here is a clear violation of the TOS of this website, and as such, I should rightly be banned.

    But before I go, I just wanted to say a heartfelt “Thank you” to my friends in Mexico at Squad for creating what I truly believe to the finest computer game ever made. It is the perfect blend of lighthearted fun and a serious education of the physics of spaceflight. Kudos.  It’s just so deep, I think they call that “play value.” You could play version 1.3 forever.

    [snip]

    What will my absence mean to the community?  Well, actually I had big plans for KSP. First of all I’m the guy who figured out how to get your interplanetary departure angle from the Sun, and the inventor of the spaceplane sandwich. I’ve been writing other tutorials, too. I’ve got 12 pages on high speed rover piloting, a large portion of my personal website was going to be devoted to KSP (screw that). Also I have two different solutions to the ship-naming problem (one quick little work-around players can do now, and as a db engineer I figured an actual in-game fix that would solve the problem once and for all). But no, not yours!

    [snip]

    Do I really expect TT to change the EULA? No, not really, villains don’t change. Will I give up? Heroes don’t do that. (sorry - not that I am a hero, just that I am trying to follow the example of one.)

    I won’t be back to see any replies to this, so to everyone who is sorry to see me go; I wish I didn’t have to. And to everyone who posts “good riddance” in the thread below; Up yours.

    People have told me it doesn’t matter, who cares, and everyone else already has their fingers in our pants, why does it matter where Take Two puts their thumb? Well to that I can only say this:

    “We've made too many compromises already, too many retreats. They invade our space, and we fall back. They assimilate entire worlds, and we fall back. Not again! The line must be drawn here! This far, no further!...”
    (it goes on from there.)

     

    And that note, I’ll say goodbye.

    (VOTES WITH FEET.)

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted · Edited by Brainlord Mesomorph

    2 hours ago, linuxgurugamer said:

    I don't give my gardener my bank account info, but I do give him my CC info if/when needed

    Precisely.  Even though his other job is being a accountant,  you'll still need a contract that is specific to his RELATIONSHIP with you.

    One contract wouldn't be good enough.

     

    2 hours ago, linuxgurugamer said:

    How can I be specific when people (aka pirates, thieves, people who don't care about others, etc) are so inventive?  

    Ah, so you mean modding, stealing, violations of IP, etc. Right?

    Well all that happens WAY MORE in the 3D art world than in gaming.  We're dealing with apps costing hundreds, even thousands of dollars and users who have no money at all, but endless time to hack them. And cheap things like content (3d models, people, sets props)  the pass that stuff around like water. I know. I sold software to them. MY EULA is quite specific in addressing those things. My  $60 app had online registration and phoned home every time you launched it. And they still hacked it.

    Games are actually far LESS complex, both programming and in licensing. (they just have to be fun) While KSP is complex in its way, it is also a simple computer program. Its a single process, operates in a box, no internet access. So, KSP does NOT require "a more complicated EULA" at all.  MUCH LESS ONE THAT SPECIFIES ACCESS TO PERSONAL INFORMATION.

    So to reiterate:

    The "one contact for everything and everyone"  BS  is a lousy excuse!  it just doesn't hold water. 

    1 hour ago, Starman4308 said:

    He doesn't ..(snip) ... flat. 

    Absolutely none of that is on topic ..

     Mods?

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted · Edited by Brainlord Mesomorph

    34 minutes ago, linuxgurugamer said:

    Oh, and thank you for posting your EULA, I'll be reading it later.  I assume it was for a game?

    This question?

    No not a game. A DB app for 3D animators.

    ... and 40 users on the petition 

     

    EDIT: But you didn't answer my question: Does the gardener get access to your bank account? 

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted

    5 minutes ago, linuxgurugamer said:

    Maybe by you, but not by me.  I understand that it's a standard EULA, used by the company for most if not all of their games.  As such, it needs to cover all cases, WHETHER OR NOT THE SOFTWARE ACTUALLY DOES IT OR IS INTENDED TO DO SO.

    As I said in the OP:

    Would you sign an agreement with your gardener that gave him access to your bank account, because in his other job, he’s an accountant? And he just uses the same contract for everybody? (“Oh, that part doesn’t apply to you, just sign here, and also I’ll need your account number.”)

    I don’t think so.

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted · Edited by Brainlord Mesomorph

    Here, I found I EULA I wrote.

    It covers the Company's butt in terms of implied warranty, liability, explains the license models and protects the IP.  It doesn't say anything about about collecting information, because we weren't selling spyware.

    Quote

    Rocketship Technologies, Inc.

    End User License Agreement

    IMPORTANT READ CAREFULLY: This End User License Agreement (“Agreement”) is a legal and binding agreement between you (either an individual or a single entity) (“you” or “your”) and Rocketship Technologies, Inc. (“Rocketship Technologies”) for the software product you are about to install and the associated proprietary media, printed materials, any associated documentation (including electronic documentation), and also any updates or modifications of the foregoing provided by Rocketship Technologies or its licensees or agents to you (collectively “Software”). 

    WHEN YOU CLICK ON THE “I ACCEPT” BUTTON OR WHEN YOU OTHERWISE INSTALL OR USE ANY PART OF THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “I DO NOT ACCEPT” BUTTON, AND YOU WILL NOT BE AUTHORIZED TO USE OR HAVE ANY LICENSE TO USE ANY PART OF THE SOFTWARE. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OF ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF ROCKETSHIP TECHNOLOGIES SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY.  IF THESE TERMS ARE CONSIDERED AN OFFER BY ROCKETSHIP TECHNOLOGIES, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

    Under this Agreement, you are obtaining one of the following three types of licenses:  (1) a “Trial License” which will allow you to use the Software free of charge, for a limited period of time designated by Rocketship Technologies for evaluation purposes only; (2) a “Single-User License” which will allow you to use one copy of the Software for your personal use; or (3) a “Volume License” which is a license granted when you have purchased multiple seats to the Software and which will allow you to use the Software on multiple computers at once.

    1.             License. 

    (a)           Trial License.  If you are purchasing a Trial License, subject to your compliance with the terms and conditions of this Agreement, Rocketship Technologies hereby grants to you a limited, personal, non-sublicensable, non-transferable, non-exclusive license to:

    (i)            use one copy of the Software to evaluate the Software and only for your personal, noncommercial use on a single computer system and only in accordance with the accompanying end user documentation; and

    (ii)           make one copy of the Software in machine readable form solely for archival back-up purposes, provided you reproduce Rocketship Technologies’ copyright proprietary legends in any such copy. 

    (b)           Single User License.  If you are purchasing a Single-User License, subject to your compliance with the terms and conditions of this Agreement, Rocketship Technologies hereby grants to you a limited, personal, non-sublicensable, non-transferable, non-exclusive license to:

    (i)            use one copy of the Software only for your personal, noncommercial use on a single computer system and only in accordance with the accompanying end user documentation; and

    (ii)           make one copy of the Software in machine readable form solely for archival back-up purposes, provided you reproduce Rocketship Technologies’ copyright proprietary legends in any such copy. 

    (c)            Volume License. If you are purchasing a Volume License from Rocketship Technologies or one of its authorized distributors, subject to your compliance with the terms and conditions of this Agreement, Rocketship Technologies hereby grants to you a limited, personal, non-sublicensable, non-transferable, non-exclusive license to:

    (i)            install the object code of the Software on computers owned or controlled by you only for your business purposes, provided that the number of computers that the Software may be installed on shall never exceed the number of seats of the Software you have purchased from Rocketship Technologies or its distributors; and

    (ii)           use the Software in accordance with the relevant Rocketship Technologies end user documentation.

    2.             License Restrictions.

    (a)           General Restrictions.   You shall not (nor shall you permit anyone else to) directly or indirectly: (i) copy (except as expressly set forth above), modify, or distribute the Software or any portion thereof; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software or any portion thereof (except where the foregoing is permitted by applicable local law, and then only to the extent so permitted); (iii) rent, lease, or use the Software or any portion thereof for timesharing or service bureau purposes, or otherwise use or allow the use of the Software or any portion thereof for any commercial purpose or on behalf of any third party; (iv) remove or obscure any proprietary notices on the Software; (v) post or otherwise make available the Software, or any portion thereof, in any form, on the Internet or the World Wide Web; (vi) distribute copies of the Software to others (electronically or otherwise); (vii) use a previous version of the Software after you receive a new version and are asked to discontinue using the previous version; (viii) export or reexport the Software in violation of any laws or regulations; or (ix) make any single copy of the Software available for use by multiple users over any network or from any remote workstation or terminal.  Each single computer on which Software is installed and used shall be primarily available to only a single user.  You are responsible for all fees and costs associated with the copying and installation of the Software. 

    (b)           Restrictions limited to Volume License.   If you are purchasing a Volume License:  (i) if the Software is moved from one single computer to another computer owned or controlled by you, you must destroy the copy on the first computer, unless the number of Seats purchased allows for the addition of another copy; and (ii) you may not install the Software on any computer not owned or controlled by you.

    3.             Special Third Party Limitations/Requirements/Restrictions/Disclaimers/Liability Limitations with respect to the use of the Software.   The Software contains certain third party materials and technology and the use of the Software is therefore subject to additional limitations, requirements, restrictions, disclaimers and liability limitations regarding said third party materials.

    THE SOFTWARE IS PROVIDED “AS IS” AND ROCKETSHIP TECHNOLOGIES MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

    IN NO EVENT WILL ROCKETSHIP TECHNOLOGIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF ROCKETSHIP TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.  ROCKETSHIP TECHNOLOGIES’ LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OF THE SOFTWARE SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE, EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE ROCKETSHIP TECHNOLOGIES’ LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.

    YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

    4.             Proprietary Rights. Rocketship Technologies and its licensors shall own and retain all right, title, and (except as expressly licensed hereunder) interest in and to the Software, all copies or portions thereof, and any derivative works thereof (by whomever created).  The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  Notwithstanding anything else, the Software is licensed and not sold.  All rights in the Software not specifically granted in this Agreement are reserved by Rocketship Technologies and its licensors.

    5.             Confidentiality.  You agree to maintain the Software and any data or databases contained therein in confidence and that you will not disclose the Software to any third party without the express written consent of Rocketship Technologies.  You may not use the Software except as set forth herein.  You further agree to take all reasonable precautions to preclude access of unauthorized persons to the Software.

    6.             Term and Termination.  This license is effective until terminated hereunder; provided, however, that if you are only permitted to use the Software on a trial basis, this license is only effective for the trial period specified by Rocketship Technologies.  you may terminate the license at any time by destroying the Software (including the related documentation) together with all copies or modifications in any form.  Rocketship Technologies will have the right to terminate the license granted herein immediately if you fail to comply with any term or condition of this Agreement. The license granted to you herein will terminate automatically upon any breach of Section 2 or 3. Upon termination of this Agreement for any reason, you shall immediately stop using the Software and shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Software.  Sections 2, through 15 shall survive any termination of this Agreement.

    7.             Limited Warranty.  Except if you are purchasing a Trial License, for a period of ninety (90) days from the date you purchase the Software (the “Warranty Period”), Rocketship Technologies and its licensors warrant only that the Software will perform substantially in accordance with the specifications stated for the Software in the accompanying written end-user documentation. THIS WARRANTY SHALL NOT APPLY TO ANY SOFTWARE WHICH HAS BEEN ABUSED, MISUSED, DAMAGED IN TRANSPORT, ALTERED, NEGLECTED, OR SUBJECTED TO UNAUTHORIZED REPAIR OR INSTALLATION, AS REASONABLY DETERMINED BY ROCKETSHIP TECHNOLOGIES.  THE FOREGOING LIMITED WARRANTY SHALL NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE.

                    NOTWITHSTANDING ANYTHING ELSE HEREIN, THE ENTIRE LIABILITY OF ROCKETSHIP TECHNOLOGIES AND ITS LICENSORS, AND YOUR EXCLUSIVE REMEDY FOR A BREACH OF THE FORGOING WARRANTY, SHALL BE, AT ROCKETSHIP TECHNOLOGIES’ OPTION AND EXPENSE: (A) REPAIR OR REPLACEMENT OF THE SOFTWARE FOR SOFTWARE THAT MEETS THE WARRANTY OR (B) A REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE.

    8.             Warranty Disclaimer. THE LIMITED WARRANTY SET FORTH IN SECTION 7 IS THE ONLY WARRANTY PROVIDED BY ROCKETSHIP TECHNOLOGIES AND DOES NOT APPLY IF YOU ARE PURCHASING A TRIAL LICENSE.  EXCEPT FOR THE FOREGOING, THE SOFTWARE AND ANY SERVICES ARE PROVIDED “AS IS” AND ROCKETSHIP TECHNOLOGIES MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE SOFTWARE OR ANY SERVICES PROVIDED BY ROCKETSHIP TECHNOLOGIES HEREUNDER.  ROCKETSHIP TECHNOLOGIES EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. 

    FURTHER, ROCKETSHIP TECHNOLOGIES DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE IS BUG FREE OR THAT ITS USE WILL BE UNINTERRUPTED. ROCKETSHIP TECHNOLOGIES AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.  This warranty gives you specific legal rights and you may also have other rights which vary from state to state.             

    9.             Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE HEREIN, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL ROCKETSHIP TECHNOLOGIES OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE OR THE SERVICES PROVIDED BY ROCKETSHIP TECHNOLOGIES, OR (II) FOR ANY MATTER BEYOND ROCKETSHIP TECHNOLOGIES’ OR ITS LICENSOR’S REASONABLE CONTROL. ROCKETSHIP TECHNOLOGIES’ AND ITS LICENSOR’S MAXIMUM LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO (I) THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE OR (II) IF YOU RECEIVED THE SOFTWARE FREE OF CHARGE ON A TRIAL BASIS, FIFTY DOLLARS ($50.00), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE ROCKETSHIP TECHNOLOGIES’ LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ROCKETSHIP TECHNOLOGIES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you.

    10.           Export. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By using the Software, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.

    11.           Indemnity. You agree that Rocketship Technologies shall have no liability whatsoever for any use you make of the Software. You shall indemnify and hold harmless Rocketship Technologies from any third party claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the Software as well as from your failure to comply with any term of this Agreement.

    12.           Government Restricted Rights.   If you are an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software, or any related documentation of any kind, including technical data or related manuals, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. This Software is commercial computer software and the related documentation is commercial computer software documentation. The use of the Software and related documentation is further restricted in accordance with the terms of this Agreement, or any modification hereto.

    13.           WARNING:  IF YOU ARE PURCHASING A TRIAL LICENSE, THE SOFTWARE CONTAINS A ROUTINE THAT WILL CAUSE THE SOFTWARE TO CEASE PROPER FUNCTIONING AFTER A CERTAIN PERIOD OF TIME. THIS MAY OCCUR BEFORE OR AFTER EXPIRATION OR TERMINATION OF THE LICENSE, SO YOU MUST BE PREPARED FOR SUCH EVENT AT ALL TIMES AND MAY NOT RELY ON THE SOFTWARE.

    14.           Volume License Installation Process and Support Terms.  This Section 14 only applies to you if you are purchasing a Volume License. 

    a.             Irrespective of the number of seats you have purchased, you should receive at least one object code copy of the Software, and a “multiple user installation license key” in order to install the Software on the number of computers for which you have purchased seats.

    b.             Support in connection with your purchase of a Volume License shall be provided in accordance with Rocketship Technologies’ then-standard support terms and conditions for volume license purchasers effective in the territory in which you use the Software.

    c.             If you receive any separate volume license agreements from Rocketship Technologies, any additional terms in such agreements will apply to you and any terms of this Agreement that conflict with such separate agreements shall not apply to you. 

    15.           General. This Agreement and the terms of any Volume License Agreement provided to you (if any) represent the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary to make it legal and enforceable and this Agreement shall otherwise remain in full force and effect and enforceable. The failure of Rocketship Technologies to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Rocketship Technologies’ rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without Rocketship Technologies’ prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. Rocketship Technologies expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under Florida law (without regard to its conflicts of laws provisions) as such law applies to agreements between Florida residents entered into and to be performed within Florida. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Palm Beach County, Florida; you hereby agree to service of process in accordance with the rules of such courts. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees.

    Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.

    Questions concerning this Agreement should be sent to the address set forth below. Any notices or correspondences will only be effective if sent to such address.

    Rocketship Technologies, Inc. 
    P.O. Box 2449
    Palm Beach FL USA 33480.

     

    Somebody asked if it was approved by a lawyer, of course it was, the same one who told me I could get a job writing tort.

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted · Edited by Brainlord Mesomorph

    7 minutes ago, Rocket In My Pocket said:

    If the CEO of T2 buys a gun, should I be concerned? He has the potential to shoot me now.

    That depends. is he asking for PERMISSION to shoot you? 

    7 minutes ago, Rocket In My Pocket said:

    The EULA you agreed to fo every other digital thing you've ever used or bought is no better or worse.

    No they aren't. I've read them. (edit: or I didn't agree)

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted · Edited by Brainlord Mesomorph

    29 minutes ago, LordFerret said:

    I'm not sure what disturbs me more; The potential given T2 with this EULA, or your lack of concern over it... as this is what empowers.

    Thank you.

    That's the point.

    39 minutes ago, Rocket In My Pocket said:

    If we can't agree that it's paranoid, can we at least agree that it's a bit naive?

    On the contrary, it would be naive to give someone permission to do something bad to you,  based solely on the assumption that they won't take you up on it.

    29 minutes ago, linuxgurugamer said:
    Quote

    I have said that I believe that their refusal to address these legitimate concerns would be a tacit admission that this is spyware. 

    is merely you saying something, it is no admission on their part to anything.  Just your wishful thinking

    tac·it 
    1. understood or implied without being stated.

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted · Edited by Brainlord Mesomorph

    46 minutes ago, linuxgurugamer said:

    may

    Yes, this thread is ABOUT THE EULA! 

    They claim they may do these things.

    I say "No, you may not."

    EDIT: If you give a five year old the keys to your car, he may wrap it around a tree, or maybe not. Do you give him the keys?

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted

    2 hours ago, linuxgurugamer said:
    10 hours ago, Cheif Operations Director said:

    I think it collects it while offline and transmits when your online.

    Really?  What evidence do you have for that, or is it just your feeling?

    its in the  *&%^# EULA:

    Information about gameplay may be collected while you are offline and transmitted to the Company when you next connect to the Internet whether or not you are currently logged into your Internet Connection from your console, handheld, mobile device, computer, or other gaming platform. 

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted

    7 minutes ago, linuxgurugamer said:

    You still haven't posted any of your so-called self-written EULAs.

    Well I've just spent a good  20 minutes poking around the web and don't find any to link to anymore. Your welcome to go buy this: https://www.renderosity.com/mod/bcs/pzdb-1-3/72733/  there's one in there.

    As for the case I won, It was 10 years of litigation between 2000 and 2010, Palm Beach County, used to know the docket number. But more to the point I really don't care if you believe me or not.

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted · Edited by Brainlord Mesomorph

    23 minutes ago, Kerbart said:

    So yes, I'll be more likely to take the word from "someone who studied for it" than from a good willing but untrained layman whose approach is "how hard can it be."

    What about a trained layman whose approach is, "I deal with this every day and every night and I know THIS PART way better than you." Because that's what won for me in Court.

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted

    5 minutes ago, Starman4308 said:

    When it comes to interpreting legalese, my brother (a lawyer) has thoroughly disabused me of any notions like trying to defend myself in court or drafting my own contracts

    Well, (1) that's you.

    And (2) that's hilarious. Because I have (A) drafted my own contracts, (B) defended them court myself (it's called a Pro Se defense)  and (C) WON. (against lawyers, they never got a penny).

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted · Edited by Vanamonde

    [snip]

    He keeps [snip] discussing "evidence" when I'm just talking about intent. "Conflict-of-interest" doesn't happen with individuals or corporations, it only applies to government officials or lawyers with clients on both sides of the same case.

    And just to be clear: I never said Take Two Interactive is distributing spyware.

    I have said they are using (indeed are insisting on) a License Agreement that gives them permission to install spyware. (If you are agreeing to it, then you are agreeing to spyware.) And IF they REFUSE to change this license agreement, then I am left with NO OTHER conclusion than it is their intent to install spyware.

    Please! Disabuse me of this notion! 

    Please alter this agreement so that it is clear that this is not spyware. That is not too much for any consumer to ask.

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted · Edited by Vanamonde

    5 hours ago, Gorman said:

    If you do what you are threatening to do, i.e. to quote your own words:

    "I think they may be more attentive when #KSP=Spyware starts showing up on twitter. Which, unless I hear a response will be Friday",

    then you will be defaming them. A defamation is any public statement you make which is false and which causes damages to a party. You claim that KSP in its current state is spyware is patently false, as has been proven by others in a separate thread. Also by taking your views to a larger forum, i.e. twitter, then you have the potential of turning away potential consumers who have not been privy to all the conversations that have been happening here.

    I disagree. (that's becoming a recurring theme)

    I have said that I believe that their refusal to address these legitimate concerns would be a tacit admission that this is spyware. Perhaps #KSP=Spyware? is more accurate. By why go there? Why shouldn't they just confirm for us that this is NOT spyware? Why is this on me on not on them?

     

    [snip]

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted

    Just now, The Aziz said:

    Well, you probably have seen a popup about new terms of use, few days ago, here on the forums, and also on wiki. If you're still using this forum, then you have already accepted new rules. Because it stated clearly, paraphrasing here: "if you're not accepting it, you must stop using the software from this moment".

    LOL I disagree.

    They'll have to get a judge to tell me that they get to turn a game I already bought into spyware, and then tell me not to play it while they keep my money. 

    Brainlord’s Petition to Change the EULA

    in KSP1 Discussion

    Posted

    1 minute ago, Gorman said:

    Before you do something like that, I would talk to a lawyer friend if I were you, or else you could be on the receiving end of a defamation lawsuit.

    I have not defamed anyone, I have stated fact and personal opinion. (I am not responsible for what other people say on twitter)

    Attention TTI: If you do wish to sue me,  you will have to do so in the State of Florida (as I have not accepted your agreement to accept arbitration in New York), please note it will be a Pro Se defense, and I am quite familiar with the Florida Rules of Civil Procedure, especially those concerning discovery.

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