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Is the Half-Life 2 EULA illegal?


Supreme Cmdr
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quote:

More interesting, perhaps, are the legal agreements that surround a purchase of Half-Life 2. One is that no mention of Steam is on the HL2 box or in the End User License Agreement, yet it is required to play.

Hmmm, interesting legal issue (among the others that were mentioned about HL2). Steam should have been included in the EULA that came with the game.

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I don't think that you're ever going to see a court in the United States rule on the illegitimacy of steam or any of it's practices, largely as if I'm not mistaken, it serves as a great way to fend off piracy.

Of course, due to the fact the makers of HL2 have previously made fools of themselves with the vaporware thing and are now showing off even more silliness with this Steam fiasco, I think you can be rest assured that _if_ we ever see a Steam type thing again, it will work much much better.

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quote:

Originally posted by JerkFace:

I don't think that you're ever going to see a court in the United States rule on the illegitimacy of steam or any of it's practices, largely as if I'm not mistaken, it serves as a great way to fend off piracy.

That wasn't the issue. The issue was that STEAM was not mentioned in HL2 EULA at all and it is an essential part of being able to play the game.

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That wasn't the issue. The issue was that STEAM was not mentioned in HL2 EULA at all and it is an essential part of being able to play the game.


I think it absolutely is the issue. A company's right to defend itself from acts of piracy supercedes whatever is contained within the EULA. That is, entirely predicated on the EULA not having a "subject to change, with or without notice" clause. Heck, I'm not even sure that clause is required, based on some of the ins and outs of First Sale.

I think maybe we're missing the real issue here. The EULA may be irrelevant anyway. It's about as legally binding as a grade school field trip permission slip.

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On the HL2 box under both the minimum and recommended requirements it states, "Internet Connection Required".

I take this as reading "Internet Connection Required .. to play this game". As one would take a statement like "DirectX 9 Required" would mean that without it you cannot play the game.

Some games will state that the connection is only required for MP play, but the box does not say this. Why exactly should Valve have to explain why the internet connection is required (Ie. Steam) any more than a company should have to explain the other minimum requirements requirements ?

For instance, my UC box does not explain WHY I need a vertex shader (just that I must have a card that supports it), and I would not expect it to do so.

Some have said this is misleading, but I guess my response is what part of "Internet Connection Required" didn't they understand ?

Just my thoughts ...

-Kreij

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This is an exelent point. Some games do say "Internet connection required for online play" while other just say "Internet connection required". The later one being it's just plain required if you want to play while the other one distiguishes "for online play". So yeah...there you go...

LOL, reminds me of some other thread, no wonder we will be remembered as "The warning label generation"

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quote:

I could understand how one with the intent of playing single player would gloss over/and or misunderstand it.

I too, can see how many people would gloss over this, however, this fact should not make Valve liable for their inattention to detail. Try telling your mortgage company that you glossed over the part about them repossessing your house if you didn't pay on time.

quote:

Half-life II is a nusiance. I probably will not buy it because this "Steam" issue.


Steam is also one of the reason that I do not own HL2. However, given the sales number on HL2 I am sure the people at Valve are not losing any sleep over me not buying it. Maybe when it is in the bargain bin for $19.95 I will feel that it is worth the "Steam"ing headache.

-Kreij

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"I too, can see how many people would gloss over this, however, this fact should not make Valve liable for their inattention to detail. "

Oh no way.....it still completely defies conventional logic that an internet connection is required for single player gaming. The only way thats going to stick is if it says "Internet Connection is Required to Play Single Player".

I'm pretty sure I've never said they can be held liable for anything, however, that doesn't mean that the HL2 debacle is going to die easy. Valve might get a stigma...

I guess the bottom line is an issue of responsibility. I don't think an EULA is ever really legally binding (thus determining that it's illegal is moot) and I'm pretty sure you're not going to be able to ever catch Valve on anything because their min-sys specs are a bit [insert word you're comfortable with to describe it]. So you're left with more of a question of effective business practices.

[ 02-10-2005, 11:49 AM: Message edited by: JerkFace ]

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So many issues ... EULA, piracy, requirement wording...

Since this thread is actually about EULAs I have a suggestion for the developers/publishers.

Since most game boxes come with the flip open cover these days, use one side of it to print the EULA so it can be read before buying the game.

If the EULA will not fit in that space ... fire some of the lawyers

-Kreij

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Maybe the next step is going to be...

" You go to your favorite gaming outlet to buy a game. The clerk pulls out a copy of the EULA and you are required to sign it before completing the transaction. The clerk sends the document to home office or forwards it to the game publisher."

Then and only then will any EULA become a binding document.

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