VO-BB - 20 YEARS OLD!

Frank F · Posted: Fri Sep 12, 2008 11:14 am Post subject:

Hehehehe, I guess they were right - "We anticipate that you will act in bad faith", and someone did.

Good for the hackers. In the real world, some things work and something do not. This, I believe is one choice which IS/WAS a bad business decision.

Hey, who am I to be talking? I voice game trailers, I do not play the games. I do not have the time or the energy.

Toodles

F2
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COURVO · Posted: Mon Sep 15, 2008 12:52 am Post subject:

Jeffrey Kafer · Posted: Mon Sep 15, 2008 8:42 am Post subject:

SomeAudioGuy · Contributor III Joined: 08 Apr 2008 Posts: 75 Location: LA

I'm pretty sure the "rights" stores have stop at ASKING to check your receipt.
Being able to detain comes with more evidence, but of course it changes from state to state, and gets a little hairy in states with Citizen Arrest laws.
More Consumerist reading:
http://consumerist.com/consumer/civil-rights/tigerdirect-unlawfully-restrains-and-verbally-abuses-customer-for-not-submitting-to-receipt+showing-demands-292688.php

As for EA, this is a perfect example of burning down the village to try (and fail) to save it. It's like Sony's Rootkit issue, they are only preventing paying customers from experiencing the game. As a result, gamers like me wont touch the thing.
Activation limits are a really stupid way to reign in installs. Who updates their system more than gamers?
That and I might fire up a game from years ago, but I don't leave them installed all the time, as that would take up a crazy amount of space.

It's tricky stuff, as I do believe that publishers have a right to defend their products from people stealing them, but not to the level of damaging the property of their legit paying customers.
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Jeffrey Kafer · Posted: Mon Sep 15, 2008 11:59 am Post subject:

The Consumerist, like me, is a not legal authority. I do have one newbie-lawyer's opinion on the matter, but I'd love to hear from someone more legally seasoned on the matter.
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Frank F · Posted: Mon Sep 15, 2008 1:01 pm Post subject:

Just so youse know, under under most states law, it is considered reasonable to detain without charges or arrest for up to two hours. (Note: this is how airlines get away with long delays on the tarmac - under this law). Since I am not in front of my legal books, I cannot quote the precedent right now, but can find the notation if desired.

Also, note, according to the article, the "store policy" is such and such. This is a case where many lawyers would take it, but not expect to earn much money. Administrative law and Governmental/Judicial law are two different parts of our world. Administrative law only applies if you agree to uphold the rules of the agency as long as they coincide with the Judicial laws of the land; i.e.: via employment, service, or other means of agreeing to the rules of the corporation. Implied meaning of Administrative law cannot be applied to a consumer of an organization/business/ or government entity unless the law is written and posted in plain sight or otherwise can be made made available in writing and agreed to by both parties.

This is not intended as legal advice, ***I am not a lawyer and do not play one anywhere.

Gorbochev was right when interviewed after coming to the USA to speak with then President Ronald Reagan. A reporter stopped him and asked Mr. Gorbachev how he felt having been in a FREE country for the first time. Mr. Gorbochev quipped, "You only think you are free".

Toodles

F2

***Legal disclaimer.
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Jeffrey Kafer · Posted: Mon Sep 15, 2008 1:24 pm Post subject:

This is why I don't have a problem with Costco. I agreed to to it in my membership. I also don't have a problem, with Frys Electronics. A sign is posted at the entrance saying they reserve the right to search bags and purses. It's implied that if I continue to do business with them, then I agree to this.
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Drew · Posted: Mon Sep 15, 2008 3:32 pm Post subject:

Yeah, I don't much give a flip at Sam's if they want to inspect my receipt.

But I don't like "goons" I'm tired of 'em. Seems like a bunch of 'em just sent Wall Street reeling this week.

And based on my experience, DB's on target. Ya can't swing a dead cat without hitting some "goon" ready to take away in the small print what you thought you got in the BIG PRINT!
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COURVO · Posted: Mon Sep 15, 2008 6:16 pm Post subject:

Hart · Posted: Mon Sep 15, 2008 6:17 pm Post subject:

Interesting blog on ZD net about the Spore DRM.
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Frank F · Posted: Mon Sep 15, 2008 6:27 pm Post subject:

Courvo a non-conformist rebel???? nah, in his imagination maybe.

Laugh

FF
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Drew · Posted: Mon Sep 15, 2008 6:28 pm Post subject:

I would have paid good money to see you do that, Dave.
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melissa eX · Posted: Mon Sep 15, 2008 6:47 pm Post subject:

Craig · Posted: Mon Sep 15, 2008 7:03 pm Post subject:

Here's the Utah statute. I would guess most other states have similar language...

76-6-603. Detention of suspected violator by merchant -- Purposes.
(1) Any merchant who has probable cause to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:
(a) to make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise;
(b) to request identification;
Coffee

to verify such identification;
(d) to make a reasonable request of such person to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase, or for any other reasonable purpose;
(e) to inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;
(f) in the case of a minor, to inform a peace officer, the parents, guardian, or other private person interested in the welfare of that minor immediately, if possible, of this detention and to surrender custody of such minor to such person.
(2) A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.

So, probable cause is a fairly high standard. Most merchants, at least the large outlets, know what they can and can't do. I imagine this knowledge comes at the cost of paying out pretty hefty sums for unlawful detention claims.

Most of the 'check receipt' and 'don't steal me' alarm tags are for deterrent value. I've never seen a person stopped after setting off one of the exit alarms unless the security folks have other evidence.

Craig

(edited to ask...How'd I get the coffee? hmmmmnummy.)
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bobsouer · Posted: Mon Sep 15, 2008 7:09 pm Post subject:

Craig,

Edit your post again and click the "Disable Smilies in this post" check box.
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