Tangentially related: I really enjoyed the EULA of Baldur's Gate 3:
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Up at somebody at Sony had a Jira ticket to update all the eulas and it listed the URLs for each one and instead of going to the URLs and putting the content in each one of the yolas they just slap the URLs in.
"I read the URL. It was not very informative."
I have read the URL in it's entirety. It's not an agreement. This query is invalid.
My wife just got the exact same pop up while playing God of War: Ragnarok. Weirdly though, she’d been playing it for a week before they sent this.
It's one of the "I am altering the deal, pray I do not alter it any further" license changes that are popping up as of late.
Though, that topic is way more whan "mildly" infuriating.
a good lawyer could probably argue that a user isn't bound to that eula.
heck a bad lawyer could probably too.
They're bound to the EULA, but the EULA is meaningless because it's just a URL. They're definitely not bound by whatever's at that URL.
This would be like having someone sign a contract when the contract was just a shopping list. Sure, they're bound by the "contract", but the contract doesn't specify anything they can or can't do.
And the URL text can be changed at any time
Why does this remind me of The Phantom Tollbooth?
Tecnically I agreed to "https://www.playstation.com/legal/op-eula", there is nothing that tells me that I have to go the site and read it there
Are any users actually bound, ever?
Depends on how paid off the judge is in the lawsuit.
Yes, I accept that that is a URL.
I bet you could argue in court that the EULA is null and void, because you can't be reasonably expected to copy that link into a browser to read it
The EULA isn't null and void, but it's pretty meaningless. Not because you can't reasonably be expected to copy that link into a browser to read it, but because there's no indication that you should or even must do that.
The EULA contains no terms, it doesn't contain any wording saying what you can or can't do. It doesn't say what your rights are. It just contains something that looks like a URL. So, you're still bound by the terms of the EULA (as much as you're bound by any EULA) but the EULA doesn't permit or forbid anything. It's effectively the same as if it were blank.
You can not, in fact, copy that link - I had to type it manually. It's relatively short and human-readable, but still...
Devil's advocate: I wouldn't accuse Sony (or friends) of intentionally making the text unselectable, that's on the Steam client.
Still, Steam probably has some clause in their developer agreement where they say that's not on them.
Yeah, I don't blame Steam, I don't expect them to foresee publishers specifying EULAs as "idk google it m8".
... actually, no, I do blame Steam, what reason is there to prevent copying EULAs? Are they protected by copyright too now?
However, the companies quite legitimately use the legal means available to them and what is possible is also done. From this point of view, the blame should rather be placed on the legal situation and politics, as these are what make this legally possible in the first place.
More just indicative of the hostile posture of corporations
"Hostile posture"
I really like that phrase.
If the agreement to play a game needs a whole website, then I say the problem is 100% on the game developer.
I'd say it's 95% on the publisher, with a large error margin on how shady the intentions of the actual developers are - HD2 is unlikely to be one of those cases.
Modify your host and redirect the URL > 127.0.0.1. software without license:D
Technically, if you're internet is down or finicky, you could be simply agreeing to a 404 error.
You aren't internet.
You don't know me! /s
I reject all of your four hundred and four errors!
Ultra technically, you're agreeing to the literal URL. So essentially no terms.
I'm not a lawyer but given that a large company with adequate resources is doing this, I would interpret it as the terms.
Bonus rant: the webpage is one of those death row worthy websites that forces you into the localization it determines based on your IP address, rather than using the HTTP header that has been specifically defined for that purpose.
Wouldn't work for me: I'm French and I live in France, but all my devices are set to en_US.
Is an EULA presented this way considered binding? That seems really exploitable, like making people click hundreds of links to get to the real EULA so they don't actually read it.
making people click hundreds of links to get to the real EULA
This could be turned into a game with some kind of narrative like a Choose-Your-Own-E.U.L.Adventure. Players might try to exploit it though, so there should probably be some terms they have to agree to first.
many "normal" EULA's aren't really binding, if you get down to it.
Also. Relevant XKCD