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BUNBOY ....please read

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foamy

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Sep 8, 1998, 3:00:00 AM9/8/98
to
Yo... I would be interested in your comments regarding OSI's
published promise not to charge for any further upgrades or
expansions once we purchased UO, and how [ if ] their subsequent
reversal by charging for T2A, affects the current lawsuit. Is it [ or
can it ] be included ?

Or is " Lawsuit The Sequel " on the horizon ?

foamy /

Jag

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Sep 9, 1998, 3:00:00 AM9/9/98
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On Tue, 08 Sep 1998 23:59:40 GMT, Lad...@mindspring.com (Lynn) wrote:

>Foamy, I am not BunBoy, but this is how they are going to get
>away with it.
>This is long, but I will make it short and sweet. The Terms of
>Service Agreement states that they can change the terms any
>time they want to and it is up to the customer to keep informed.
>
>All they had to do was change the Terms of Service Agreement,
>and they did that. Kind of cheap of them wasn't it.
>Sell you something and then change the terms of the agreement
>with you. :(

Who said that was a legal and binding contract? Much less a disclaimer
of implied warranties? Or even worth the virtual paper it was writtein
on? ;-) Also, they tell people they won't ever have to buy anything
through a faq released by the company that people rely upon when
making a purchase, then after people buy it, jerk the rug out from
under them and claim we can change the rules? Don't think that will
fly. But right now we are all focusing on the events at hand, which is
class certification. Is it the 25th yet?

Jag
For the latest information on the "UO Lawsuit", go to:
http://headline.gamespot.com/news/98_08/26_ultima/index.html
http://headline.gamespot.com/news/98_08/07_ea/index.html
http://ultima.scorched.com/ (under August 14th 1998, full text of court rulings)

Oracle of Occlo

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Sep 9, 1998, 3:00:00 AM9/9/98
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>> Agreement deleted

I didn't sign that agreement not did anyone else
and a far as I am aware it is not legal binding to
OSI thus it is not legally binding to me.

If a contract is not binding and not reached and cancelled by one party is
not
all proceeds supposted to be returned to the parties.

Translation: they get the disk and documentation and I get my money back.

Jag?

We all know that OSI has one hell of a game in UO, but if the GM get a
little over-zealous in
prosicuting TOS violations JAG may have another point for his lawsuit.

I thought that I purchased the all upgrades when I bought Ultima Online and
subscribed.
That is what their FAQ said at that time.

Next I can see OSI selling Gold and Magic Items as upgrades for extra cash.

For $50 you can get:

UO:Warrior Edition, start with a Invunable Set of Platemail
that you can not be lost when you die and you can get upto 120 in combat
skills.

or

UO:Thieves Edition: New skills,
Eyeing, click on a player and tell the total worth of what they are
carrying
Pursesnatching: steal only gold from target player
Backdrafting: steal directly from players bank vaults
Catburglery: pick locks on houses and boats.

or

UO:Mage Edition: New Spells
With this edition you can cast new 9th level spells:
Subdue Dragon: Tame dragon for skill minutes
Bulldose: Destroy target building that is in heavily worn condition
Create Regents: Create skill/5 reagents of each type
EssenceTransefer: Permanently Raises targets dexetity and strength by one
lowers casters by one
MindMeld: Permenetly Raises target intellegence and magery by one and
lowers casters by one
Knowledge: Permenanly Raise target Skill by one to know higher than
intellegence
Sphere of Invunerablility: All damage to caster is reduced to zero and
caster cannot be targeted.

or

and finally for $100 and $50 a month you can get
UO: Premium Edition
New features:
Instant logout
Ability to change name, sex and appearance
Call to GM get premium status and are answer imidiately
Access to private server available only to UO: Premium Edition Customers


As you see, OSI could tutn UO into a cash cow and sell these specialty
editions. Lets see.

UO: the Second Age $50
Access to areas that only players with UO: the Second Age can get to.
Speak with players any where in the game.
New Monsters that have better loot.
and if you buy now you get a place to put a house if you act quick.

This is a bad path the EA and OSI are heading, but I have hooked to the
game and will buy UO second age.


Bunboy

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Sep 9, 1998, 3:00:00 AM9/9/98
to
This is something I am looking into. Does anybody have an exact copy of the
promises EA?OS made that gave them this impression. I know it is my
impression but impressions aren't good enough. It very easily could be
added to the suit. That terms of service agreement Lynn points out has all
sorts of legal problems with it that may make it not a defense(not being
critical Lynn) but much of that disclaimer stuff that comes with products,
not just software isn't worth the paper its printed on but just o make
people think they have no hope. You simply can't disclaim away fraud if
indeed that is what has happened here. How about it anyone have a copy of
OSI? EA [promises of addons with no charges. I raised this a few months ago
when the add-on was first announced. Did they ever come out and flat out
say it?

--
Bunboy,
The people who can smile when things go wrong
have found someone else to blame.
foamy wrote in message
<_UiJ1.1538$ZY.18...@HME2.newscontent-01.sprint.ca>...

foamy

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Sep 9, 1998, 3:00:00 AM9/9/98
to

Sep 1998 23:59:40 GMT, Lad...@mindspring.com (Lynn) wrote:
>
>>Foamy, I am not BunBoy, but this is how they are going to get
>>away with it.
>>This is long, but I will make it short and sweet. The Terms of
>>Service Agreement states that they can change the terms any
>>time they want to and it is up to the customer to keep informed.

Hi Lyn, are you sure you're not Bunboy ? Hehehe.

Thanks for the post, but in all honesty I don't think their claim that
they can change the terms.. etc., is worth the electrons it's printed
on. It would be similar to you buying a car, and the dealer saying you
would get 1 free oil change per year for 5 years. One year later you go
and get your oil changed [ sorry--the cars oil changed :-) ] and the dealer
says, " that will be $19.95 please Lyn ". You would put 3 bolts into him
pretty quick I bet :-). In any event, you wouldn't have to pay for the oil
change.

Companies throw around these types of disclaimers in an attempt to
intimidate and deceive customers into thinking that that they have no
legal recourse. By and large they are worthless.

Computer software is perhaps the best example. You get home, tear the
shrink-wrap off the box, insert the CD, and are faced for__the__first__
time with a licence agreement. I'm sure we all click " I agree ", and
move on. As I understand it, your agreement under those conditions is
meaningless. The companies also realize this, so they have developed a
way to try to obtain your approval of their terms. It's called, " Register
your product " and win free t-shirts. :-) The whole point of registering, is
not to give away goodies, or notify you of new products, or develop a
profile of their customers, as they would have you believe. It is simply
an attempt to do electronically what they can't legally do with the box.

foamy / napa [ crashed again a little after 8 something--4th consecutive
night--just bought a horse :-(--so long Topper ! ]


Bunboy

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Sep 9, 1998, 3:00:00 AM9/9/98
to
Lynn wrote:

I have never had the pleasure of meeting BUNBOY but I am sure
we have very big differences in our anatomy. <G>


Not as big as I might wish!

Rusty Major

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Sep 9, 1998, 3:00:00 AM9/9/98
to
LOL!
I was wondering how you would respond =)

Alanon

Bunboy wrote in message <1cqJ1.4399$MS.11...@news.rdc1.sdca.home.com>...

Radnor

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Sep 10, 1998, 3:00:00 AM9/10/98
to
On 9 Sep 1998 02:43:22 GMT, oc...@www.hotmail.com wrote:
> >> Agreement deleted
>
> I didn't sign that agreement not did anyone else
> and a far as I am aware it is not legal binding to
> OSI thus it is not legally binding to me.

You pushed the little "Agree" button, which is the same thing as signing
it.

> If a contract is not binding and not reached and cancelled by one party is
> not
> all proceeds supposted to be returned to the parties.

But it is binding, because you agreed to it.

> Translation: they get the disk and documentation and I get my money back.

Only after, what, 30 days I think it is? Maybe less. :)

> I thought that I purchased the all upgrades when I bought Ultima Online and
> subscribed.
> That is what their FAQ said at that time.

It's subject to change. *shrug* Really, you don't NEED to buy the add-
on(s), because you can play just as fine without them. Did you _honestly_
think that they'd give you subsequent add-ons for free forever? A bit too
optimistic.

OTOH, everyone is going to be receving the new interface for free. They
just won't be able to access the new lands without buying UO Gold.



> Next I can see OSI selling Gold and Magic Items as upgrades for extra cash.

Who knows? :)

>
> UO: the Second Age $50
> Access to areas that only players with UO: the Second Age can get to.
> Speak with players any where in the game.
> New Monsters that have better loot.

Actually, there probably isn't any change in loot at all. You'd just be
winning the same items you could win over in the old world. As far as I
know, there are no new items being introduced.

> and if you buy now you get a place to put a house if you act quick.

That's assuming you don't already have a house in the old world. With
the upcoming housing changes, you can only have one house per character.

> This is a bad path the EA and OSI are heading, but I have hooked to the
> game and will buy UO second age.

They KNOW people love this game, and even though they may complain about
the circumstances, they'll give in and but it anyway.

--
___ __________________________________________________
(___| Kevin Lo |___AKA Radnor, Catskills_______Callsign: KF4JXF___)
"You are in a twisty little maze of URL's, all different."

Dennis Francis Heffernan

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Sep 10, 1998, 3:00:00 AM9/10/98
to
On Thu, 10 Sep 1998 10:54:27 -0400, k...@bigstinkyfoot.nostinky.com (Radnor)
wrote:

| You pushed the little "Agree" button, which is the same thing as signing
|it.

A lot of states don't agree with you -- they don't honor "shrink-wrap"
licensing agreements by law. I suspect that they won't actually stand up in
court anywhere.

| It's subject to change. *shrug* Really, you don't NEED to buy the add-
|on(s), because you can play just as fine without them. Did you _honestly_
|think that they'd give you subsequent add-ons for free forever? A bit too
|optimistic.

Meridian doesn't charge for its updates.

| OTOH, everyone is going to be receving the new interface for free. They
|just won't be able to access the new lands without buying UO Gold.

Which is the only reason I'm not still ranting about it.

| That's assuming you don't already have a house in the old world. With
|the upcoming housing changes, you can only have one house per character.

And with that change you will be able to sell or destroy your existing
house to purchase another one. Really now.


Dennis F. Heffernan UO: Venture (Catskills) Dennis.H...@gte.net
Montclair State U #include <disclaim.h> ICQ:9154048 CompSci/Philosophy
"And I say now these kittens, they do not get trained/As we did in the days
when Victoria reigned." -- T. S. Eliot, "Gus, the Theatre Cat"

Bunboy

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Sep 11, 1998, 3:00:00 AM9/11/98
to
Randor, have you recently got a law degree? You are simply not correct
under the law.

--
Bunboy,
The people who can smile when things go wrong
have found someone else to blame.

Radnor wrote in message
<24459F379953AE70.7B107620...@library-proxy.airnews.ne
t>...


>On 9 Sep 1998 02:43:22 GMT, oc...@www.hotmail.com wrote:
>> >> Agreement deleted
>>
>> I didn't sign that agreement not did anyone else
>> and a far as I am aware it is not legal binding to
>> OSI thus it is not legally binding to me.
>

> You pushed the little "Agree" button, which is the same thing as signing
>it.
>

>> If a contract is not binding and not reached and cancelled by one party
is
>> not
>> all proceeds supposted to be returned to the parties.
>
> But it is binding, because you agreed to it.
>
>> Translation: they get the disk and documentation and I get my money back.
>
> Only after, what, 30 days I think it is? Maybe less. :)
>
>> I thought that I purchased the all upgrades when I bought Ultima Online
and
>> subscribed.
>> That is what their FAQ said at that time.
>

> It's subject to change. *shrug* Really, you don't NEED to buy the add-
>on(s), because you can play just as fine without them. Did you _honestly_
>think that they'd give you subsequent add-ons for free forever? A bit too
>optimistic.
>

> OTOH, everyone is going to be receving the new interface for free. They
>just won't be able to access the new lands without buying UO Gold.
>

>> Next I can see OSI selling Gold and Magic Items as upgrades for extra
cash.
>
> Who knows? :)
>
>>
>> UO: the Second Age $50
>> Access to areas that only players with UO: the Second Age can get to.
>> Speak with players any where in the game.
>> New Monsters that have better loot.
>
> Actually, there probably isn't any change in loot at all. You'd just be
>winning the same items you could win over in the old world. As far as I
>know, there are no new items being introduced.
>
>> and if you buy now you get a place to put a house if you act quick.
>

> That's assuming you don't already have a house in the old world. With
>the upcoming housing changes, you can only have one house per character.
>

Nevermind

unread,
Sep 11, 1998, 3:00:00 AM9/11/98
to
Okay man, now are you sure the newsgroup is the place to continue this
discussion..? :-P
In all seriousness, though, I dont believe for a minute that the TOS can be
legally changed that way, but can we force them to provide TSA for free,
since it -was- in the TOS we agreed to?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Nevermind ICQ: 2961668
"I feel stupid, and contagious, here we are now, entertain us!
A Mulatto, an albino, a mosquito, my libido, YAY!"
Kurt Cobain -- Smells Like Teen Spirit
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Bunboy wrote in message <1cqJ1.4399$MS.11...@news.rdc1.sdca.home.com>...
>Lynn wrote:
>
>I have never had the pleasure of meeting BUNBOY but I am sure
>we have very big differences in our anatomy. <G>
>
>
>Not as big as I might wish!
>
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