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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.
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micktiegs_8: Sorry if this sounds dumb, but seeing as GOG is not in the US and doesn't have US servers (or does it?), can the US law system actually do anything if it wanted to? Unless there were legally binding documents, such as the ones you were referring to?
No but the false advertising laws within the EU could. The most base level: did not meet prime expectations of what was advertised.
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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.
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micktiegs_8: Sorry if this sounds dumb, but seeing as GOG is not in the US and doesn't have US servers (or does it?), can the US law system actually do anything if it wanted to? Unless there were legally binding documents, such as the ones you were referring to?
Well technically if you sell product in a nation, you are at least somewhat subject to the laws of that nation. It wouldn't go to far, but a bad reputation is still not a good thing. They'd have to remove the game and issue full refunds to everyone who bought it.

In legal terms it would go down like this:

Lotsa of people file a formal complaint with their government and if enough were to take place then the government of what ever nation would take it up with the legal department of Poland(in this matter). Would all this happen? Of course not! But it could. Even steam is subject to this, except most gamers are ignorant asshats that use steam so they haven't a lick of sense to begin with. Let alone follow through lol XD
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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.
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.
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BKGaming: I'm not a lawyer but here in the US at-least were so far behind the times in defining the legality of software and technology it's not even funny, so for instance here you would have a hard time proving such things illegal or fraudulent because there is no clear cut definition legally speaking of what DRM or DRM free means.
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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.
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).
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.
Post edited July 03, 2015 by BKGaming
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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.
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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.
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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.
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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).
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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.
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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.
Post edited July 03, 2015 by Shmacky-McNuts
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Shmacky-McNuts: snip
Well, the ACCC has had its run in with Steam a time or two about its refund policy and how it conflicts with Australia's policy on refunds. I'm wondering if that's why Steam changed things a bit.
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Shmacky-McNuts: 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.
They could argue it's not in the control because it's not there game, they could also argue that they provided a acceptable fix (ie universal key) that in effect made the game DRM free based on what they advertise as DRM free and that it was the developer who broke that, so again it was outside of their control.

Just saying, they have a clear argument against that...
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Shmacky-McNuts: 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.
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BKGaming: They could argue it's not in the control because it's not there game, they could also argue that they provided a acceptable fix (ie universal key) that in effect made the game DRM free based on what they advertise as DRM free and that it was the developer who broke that, so again it was outside of their control.

Just saying, they have a clear argument against that...
Well technically a game requiring a key is considered DRM. The key being tossed in with the game without the user knowing wouldn't negate this point. Kinda like having a medical problem and going to hospital. The patient gets stabbed by accident and they sew up the wound and dope up the patient. The damage didn't magically not happen because the patient didn't know about it lol =P

True they COULD have gotten away with it. But that is why we are talking about it now. They didn't *wink* XD
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Shmacky-McNuts: 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)
F.E.A.R. calls home too?
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Shmacky-McNuts: So far we have these titles with such problems-

Xenonauts
What's the problem with Xenonauts?
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BKGaming: They could argue it's not in the control because it's not there game, they could also argue that they provided a acceptable fix (ie universal key) that in effect made the game DRM free based on what they advertise as DRM free and that it was the developer who broke that, so again it was outside of their control.

Just saying, they have a clear argument against that...
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Shmacky-McNuts: Well technically a game requiring a key is considered DRM. The key being tossed in with the game without the user knowing wouldn't negate this point. Kinda like having a medical problem and going to hospital. The patient gets stabbed by accident and they sew up the wound and dope up the patient. The damage didn't magically not happen because the patient didn't know about it lol =P

True they COULD have gotten away with it. But that is why we are talking about it now. They didn't *wink* XD
Who says? Again you run into the same problem as DRM free. There is no legal definition of what constitutes as DRM. This is highly up for debate. If we take the more popular definition, DRM is restriction after sale, and according to that the game was DRM free up until the point the key was banned because there was no restrictions to you the end user. As I said before. ;)
Post edited July 03, 2015 by BKGaming
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Shmacky-McNuts: snip
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micktiegs_8: Well, the ACCC has had its run in with Steam a time or two about its refund policy and how it conflicts with Australia's policy on refunds. I'm wondering if that's why Steam changed things a bit.
Without enough info, I couldn't speculate. But it is possible for a company to be refused by the nations government, such as with online products as download able games.

Which is kinda interesting regarding another case and australia. Postal! They banned part 2 if I'm not mistaken. So technically you could be arrested at customs for the video game on your laptop lol XD

People ask what you got arrested for, you can say....tough as they come.....video games BITCH! ;D
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madth3: F.E.A.R. calls home too?
No, F.E.A.R. has some inactive leftover Securom files (which is not a big deal in my eyes).

https://www.gog.com/forum/general/fear_installed_securom_all_over_my_computer_does_anyone_know_how_to_get_rid_of_it
Post edited July 03, 2015 by PaterAlf
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Shmacky-McNuts: 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)
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madth3: F.E.A.R. calls home too?
I think he is referring to the fact it installed some files for SecuROM that didn't really have any effect on ones system since it was just left over files. Not sure.

EDIT: ninja'd >.>
Post edited July 03, 2015 by BKGaming
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Shmacky-McNuts: 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)
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madth3: F.E.A.R. calls home too?
FEAR when clicking the multiplayer option tossed a bunch of original DRM files around or some such. It was a big topic a couple months ago.

So technically GOG says they were benign, if you had some other game that had the active DRM it could become active? I dunno I dont have the title but I was interested in the topic. Go check back on here.