Shmacky-McNuts: Correct me if I'm wrong but the entire website is based upon selling DRM free games. Now the speecific definition of this? Well they may get away with a lot, but the bottom line is they have a core audience of hard core gamers. So that would go badly if this trend of screw ups continues.
madth3: For sure, and I'm not saying otherwise. But I think it would go bad because of public shaming, people not longer buying anything here and maybe even refunds. Lawsuits would be harder to assemble.
True enough if I understand you correctly. Public shaming would be far worse for a DRM-free game site that ends up having DRM games! I mean who the hell would trust them if it continued? I sure and a hell wouldn't.
As it is GOG knew damn well that sh!t code was on DEFCON game and did they get pissy about it? Nope. It is still DRM and they knew it was a friggin callout thing.
I think everyone got ripped off even if they have the game solely on offline systems. It was still attached to the game.
So far we have these titles with such problems-
Xenonauts
FEAR
DEFCON
Age of Wonders 3 (yeah well they still had shenanigans and don't you forget it! ;P)
Those are just off the top of my head. Pretty certain there were more.
madth3: This.
I was checking the few legalese available in the site and I could not find a definition of DRM or a clause that says GOG is reponsible for delivering DRM-Free products. There's a paragraph in the FAQ but I don't think that could be constitued as legally binding.
BKGaming: I didn't think of their TOS... and it clearly says:
14.2 We work hard to try to make GOG content work on your systems but we only have limited time to carry out tests and we don't always get everything right. Therefore, we can't accept any liability or responsibility for GOG content. We are also not responsible for anything that happens to GOG.com or GOG services which is outside of our control. However, don't forget you may be entitled to GOG content return and refund if it has technical issues see section 6.6(c).
BKGaming: That right there would likely be enough to hold them as not reliable as you agree to it by using the service. Pretty sure this issue would fall under that statement.
EDIT:
Also:
16.1 Neither you nor us will be liable for any failure to perform any obligation under this Agreement or to provide access to GOG services and GOG content if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation, Internet outages, communications outages, fire, flood, war or act of God.
BKGaming: Interesting point. HOWEVER! They DID know about the call out unless I"m mistaken. Thus, it was within their control. They just didn't make the devs of the game do what they have to begin with. Which is removed DRM from their title.