Lost Sale

[LostSale 10]

Having had a bad experience with the first ARMA I was sad when I found out the system’s CD key process would only make the second less playable.

Lan gaming at home is the basic reason I want to buy this game. I have had played Operation Flashpoint since its release and it remains (in heavily modded form) on both of my home PC’s to this day. I purchased every expansion pack for it.

I will however not be buying this game. The protections are so draconian that they are they render the product useless to me. I will not pay $200AUD just to play this at home with friends. It’s just not worth iy; you have lost my purchase and support.

As a serving member of the Australian Defence Force playing ARMA and Opflashpoint with my mates has always the best realistic experience of combat we have played. I will encourage my friends not to purchase this game also.

Had I the time and money I would test the contract legally, since I do not believe it to be valid but I cannot in this case afford a chance at justice.

I would however like to make the argument that EULA, securerom and FADE have never been properly tested legally in my country and therefore your decision to rabidly enforce their use is premature at best.

From a legal perspective, my partner is a contract lawyer and we both agree that the EULA may be enforceable or may not. It is simply untested.

From some points of view it may be enforceable because I have the capacity to return the game if I do not like it (though EB Australia will not allow this because the game contains such strong copy protection).

From the other perspective the copy protection could be declared unenforceable because of the contract itself.

1. The EULA was not agreed to at the point of contractual consideration; therefore since you have no desire to provide further consideration the contract cannot be amended with an enforceable further contract clause.

2. The copy protection software prevents the creation of a backup copy as guaranteed under legislation. Therefore since the game prevents this the, EULA contains a clause that is in breech of legislation and therefore cannot be considered enforceable.

3. The EULA is not mentioned on the packaging. Therefore the purchase does not function as an offer to treat. Therefore the contract at the point of sale is enforceable as made with the vendor and no further contract is valid.

4. Your trademark, which is mentioned on the box, protects your rights under copyright legislation. Therefore there is no case that your rights as a producer of the product need an individual contract. Contracts cannot be created simply to enforce legislation. Rights cannot be conferred or denied through contract if they exist already in law.

These arguments are untested but persuasive and I encourage anyone with the finances to test them in court.

If you change your policy I will be the first to buy your game.

Edited July 5, 2009 by LostSale

[Dogtags 0]

Wow!

I thought ARMA2 was a game, lighten up a little.

In the words of a famous Australian...."Why so serious?"

Yes I am also an Aussie and annoyed that the game performance, Receiving... issue and texture flickering issues almost make the game unplayable but as for all the legal jargon, are you bored or something?

[cartier90 0]

Nah, hes just pedantic, or a 1st yr law student flexin.

[NeMeSiS 11]

Thats an extremely long way to say that you wont buy the game. Do you honestly think we care enough about you to read that?

[h.IV+-I.esus- 10]

Having had a bad experience with the first ARMA I was sad when I found out the system’s CD key process would only make the second less playable.

Lan gaming at home is the basic reason I want to buy this game. I have had played Operation Flashpoint since its release and it remains (in heavily modded form) on both of my home PC’s to this day. I purchased every expansion pack for it.

I will however not be buying this game. The protections are so draconian that they are they render the product useless to me. I will not pay $200AUD just to play this at home with friends. It’s just not worth iy; you have lost my purchase and support.

$200? What planet are you purchasing from? I got my physical copy for $45 AUD, and my Steam copy for $62 AUD. (Yes, I am Australian).

Stop buying games from overpriced retailers, such as EB Games.

Buy the game on Steam and you don't have to worry about all this garbage you're rambling on about.

Or grab a copy from www.cdwow.com.au if you're so desperate to have a physical copy... or even buy from Dungeon Crawl's ebay page;

http://stores.shop.ebay.com.au/Dungeon-Crawl__W0QQ_armrsZ1

As a serving member of the Australian Defence Force playing ARMA and Opflashpoint with my mates has always the best realistic experience of combat we have played. I will encourage my friends not to purchase this game also.

Had I the time and money I would test the contract legally, since I do not believe it to be valid but I cannot in this case afford a chance at justice.

I would however like to make the argument that EULA, securerom and FADE have never been properly tested legally in my country and therefore your decision to rabidly enforce their use is premature at best.

From a legal perspective, my partner is a contract lawyer and we both agree that the EULA may be enforceable or may not. It is simply untested.

From some points of view it may be enforceable because I have the capacity to return the game if I do not like it (though EB Australia will not allow this because the game contains such strong copy protection).

From the other perspective the copy protection could be declared unenforceable because of the contract itself.

1. The EULA was not agreed to at the point of contractual consideration; therefore since you have no desire to provide further consideration the contract cannot be amended with an enforceable further contract clause.

2. The copy protection software prevents the creation of a backup copy as guaranteed under legislation. Therefore since the game prevents this the, EULA contains a clause that is in breech of legislation and therefore cannot be considered enforceable.

3. The EULA is not mentioned on the packaging. Therefore the purchase does not function as an offer to treat. Therefore the contract at the point of sale is enforceable as made with the vendor and no further contract is valid.

4. Your trademark, which is mentioned on the box, protects your rights under copyright legislation. Therefore there is no case that your rights as a producer of the product need an individual contract. Contracts cannot be created simply to enforce legislation. Rights cannot be conferred or denied through contract if they exist already in law.

These arguments are untested but persuasive and I encourage anyone with the finances to test them in court.

Hmm, I can't read this bit... it's smudged... I guess too many tears ruined the text.

If you change your policy I will be the first to buy your game.

No you won't... many people have already purchased, and played it.

[Tankbuster 1747]

Blimey. That's one unhappy punter.

Still. Never mind eh?

[xclusiv8 10]

The worst part is that he will lie about this to his friends and they wont buy this amazing game because of his reasons. Let people make up theire own mind dude.

[ACF 0]

[stereotypeMode] And they call us Poms 'whingers' :rolleyes: [/stereotypeMode]

[Dogtags 0]

[stereotypeMode] And they call us Poms 'whingers' :rolleyes: [/stereotypeMode]

Ahh but nobody holds a candle to poms as far as whingers go but us aussies certainly did inherit that and we give you a run for your money :p

[sic-disaster 311]

Get a life.

Sue BIS for making a game you dont want to buy? Please.

[Guest]

You made some typing errors. Maybe you want to fix those?

They make the text unreadable.

[chops 111]

I'm not up to speed with all the EULA stuff, but I know several OFP community members, including talented modders, mission makers etc, who refuse to buy ArmaII because of what they see as the very draconian and 'punish legitimate players' securom stuff.

Arma/ArmaII's loss I spose.

[Starfire 10]

1. $200 for a game? Where the heck are you buying it from. (Btw, I'm from Australia too and ex-military)

2. From what I understand, you are unhappy that you can't install one copy of the game on more than one PC. When you buy a game, you're entitled to use it for your own personal use. If you want to install it on 2 computers, buy two copies. When you buy a set of golf clubs, you wouldn't expect it to come with a matching set so you can play with your mate, right?

3. Everything after the third paragraph was basically just whinging.

But of course, you're entitled to your opinion, Mr. LostSale.

[InFireBaptize 0]

I will however not be buying this game. The protections are so draconian that they are they render the product useless to me. I will not pay $200AUD just to play this at home with friends. It’s just not worth iy; you have lost my purchase and support.

your loss, i have already made up for your sale by buying two copies one to me and one to my friend. Now log off and go about your life but don't come back with different screen name, and if you ever bought the game then you're a moron.

[Placebo 29]

How draconian needing a DVD to be inserted......