Interesting Hole in K2 TOS

[MagicWannaBe]

jebus - what is wrong with just having a discussion about something . . . i thought this was a forum where people shared ideas.

nevermind i guess . . .[/b]

K. Gift priest BRO!

[CYANEXTIME]

People would prefer keep complaining about the "shittiest game in the world" rather than having someone helping them with the gameplay. That's how stupid the world is.

[Nissim]

jebus - what is wrong with just having a discussion about something . . . i thought this was a forum where people shared ideas.

nevermind i guess . . .[/b]

we cab discuss about anything.. anybody can share their opinions.. andd my opinion is that its useless..
i said its a good idea..

[superturk]

After a frustrating war where hackers were running unchecked and my scrolls were not only being wasted, but dropped altogether by that lovely new hack, I decided to re-read the TOS. To my surprise, I think I found a hole that is large enough to possibly get somewhere with a real lawsuit.

Now I know we have discussed this many times and we all know how iron-clad their TOS seems, but California has some interesting laws regarding implied warranties which also limits their ability to be held harmless. Our problem before was that their service is free and our premium is only to give us priority access and in-game benefits. However, we are purchasing scrolls to be used in game to give us buffs. These scrolls are intended to give us buffs and only be removed by a duff (even though the skill description doesn't even say this as an intended effect).

OK, this is where the laws come in . . . Under the California Commercial Code and the Song Beverly Consumer Warranty Act, the buyer has a right to purchase scrolls that are fit to be used as intended. If they are not suitable for use and the consumer can show they have been harmed this causes a "breech of implied warranty". They are not allowed to limit their liability in these cases through a TOS.

In short, if the scrolls cannot be used for the purpose intended we can seek remedy in court and not only have a leg to stand on, but alot of precident as we can compare these scrolls to consumer goods that are purchased yet do not function as intended.

Thoughts?[/b]

something like this would not stand up not evan in small claims do to the fact small claims in california, ' by law' is more then 50 +, and a scroll is worth pennies...a few dollars maybe...

[c1trus]

to much reading, but im guessing, nothing will be done, so who cares

[Canz]

something like this would not stand up not evan in small claims do to the fact small claims in california, ' by law' is more then 50 +, and a scroll is worth pennies...a few dollars maybe...[/b]

Yeah but still, it's a mayor problem not just in his account right? Maybe they'll pay attention to that.

[elucid]

I'm gonna go with a no on this one.

[Key421]

I like your ambitions, but don't see where your head is at.

Bottom line, who cares, try to sue K2 if you wish, you will lose money and time for a case that will never make it to the courts.

[Private]

- 1500$ usd retainer for lawyer
- 150-300 usd per hour lawyers hourly fee
- upwards of 1100 usd in court cost , if you loose you will have to pay them
- possible counter suit from k2 for any reason
- 1 set of hp and ac scrolls 5 bucks
tbh i like the idea but im not willing to sue them over it but its a good discussion none the less[/b]

except the cdca is established exactly for that reason its a state agency for protecting consumers at no cost

I'm gonna go with a no on this one.[/b]

already been done and was successful k2 fired a load of ppl cuz of it

I like your ambitions, but don't see where your head is at.

Bottom line, who cares, try to sue K2 if you wish, you will lose money and time for a case that will never make it to the courts.[/b]

as i said at the top it cost nothing the cdca is like the bbb.org except they have authority to even shut down a business like k2 in the most extreme cases

[nikleo]

here put foot to ass

https://app.dca.ca.gov/cru/gencomplaint.asp

[tompsu]

How would you prove that someone used a hack to cancel your buffs?

[MrsOwnage]

No offense, the government wont care if a company is screwing you over with virtual items. Now if you reverse it, like us screwing the company's by spreading pirated movies cause we refuse to pay friggin 15 bucks to see a movie that just might suck then you got a case.


People > Company's

[MeeP]

No offense, the government wont care if a company is screwing you over with virtual items. Now if you reverse it, like us screwing the company's by spreading pirated movies cause we refuse to pay friggin 15 bucks to see a movie that just might suck then you got a case.
People > Company's[/b]

The government doesnt care about anything, if some gov. organization like that would have to deal with this, then there would be something to build real cases on.

We should be shot for spreading pirate movies, but we are too fast and furious for the government, but a company cant run

[denon33]

Ask shark how he got his character back. He did it by threatening k2 with legal action. They ran scared. If anyone was to attempt anything like this against k2,its goodbye KOL. Simple and true. Discussion over

[darkcloud3]

California also has a law that if any private information has been leaked for one person, a company has to notify their entire customer list. You remember why those two players were moved from an old server to another server? Their payment information was leaked by a GM. Yet, I was never contacted? Either their lawyer is really dumb, or they are betting on the fact that no one will file a complaint. I personally think they don't care about the law.

Also a TOS can't be iron clad if it is one sided. They have made several modifications to cover their ass completely by restraining the rights of the customer. One can even argue that their contract is unconscionable.

Third, it is not a breach of implied warrant; it is a breach of express warranty. On the description of the item, it specifically states in writing that the scrolls will last for 30 minutes.
http://www.law.cornell.edu/ucc/2/article2.htm#s2-313

Lastly, what you are stating applies to tangible goods. Intangible goods are covered by the general contract laws and not by the Uniform Commercial Code.