EULA.
Sometimes, 'the law is an ass.'
Free services. Rental software. Your emotional investment held hostage to fortune. Your creative work, even. Use someone's pay service and they can claim license to use your IP because of a paragraph buried in the T&C.
Increasingly, corporations are rolling out the 'welcome' mat with 'freebies and services', getting you 'hooked' and they can 'yank' said service when they so choose...and 'over reach' in other areas of consumers rights from Privacy, to 'fair use' or their IP.
Since 'tapes' and vinyls (music as I know it...), 'fair use' seems to have gone out the window.
The odds, to me, look increasingly stacked in favour of corporations.
Something can be 'legal' (and yes, be careful of what you sign up for, READ the contract...BUT how many people READ all that legal indicia before clicking 'ok'?) but it doesn't always make it right and corporations know this and have and are taking advantage of it. People are happy to 'sign right up' with an 'ok' without reading the terms and conditions.
When making a deal or having dinner with the devil use long silver spoons.
Take CoH, for example. It may or not be 'legal' to use a reverse engineered client of City of Heroes by NC Soft. But this isn't about us setting up a big honking server to compete with a City of Heroes server that is already being provided by NC Soft. i.e.. Us depriving them of their rightful profits to the IP. No. It's not that.
It's about a community who have had their 'rental' software 'yanked' (even when it was making a substantial profit, it and of itself...) abruptly. 100k paying customers. Many of whom were hardcore and had played for the best part of 8 years. They had 'IP' investment, emotional investment in the game and payed substantial monies for said service, the game client and other paid for expansions and 'add ons' from the shop provided. And now they don't.
The critics may say, 'you paid for what they said you would got and you knew it wouldn't be forever.' Sure. That may be true but not everything 'true' is moral or fair.
'Fair use.' I believe the CoH Community is entitled to a server IF they are willing to support the cost of running the server. They have an ongoing 'fair use' right to the game client and a server running that game. Now, if the server was running at a loss? Sure, we're not entitled to have NC Soft subsidise a loss making server.
However, caveat. Even in that context. I believe a provision should be made for a game to be played 'offline', limited 'MMO' LAN capability. Eg. For a team of 8 players (so that Task Forces can still be performed and 'teaming' in general.) A 'micro server' if you will...so that people's investment is protected to a degree.
A compromise? Sure. We can't have our cake and eat it. There was no guarantee that CoH was going to stay popular and expect NC Soft to run it on 10 servers if the population only supported 1. However, 'fair use', for me, says that Corporations reach a compromise with their CUSTOMERS! The ones that give them their profits.
'The power of the hand.' Don't like NC Soft closing your game? Don't buy their software. It's the only language many corporations understand. Don't like their vast 'eastern' style tuppaware of MMOs? Don't buy their plastic trinity grinds.
So. If they're not prepared to be reasonable? ICON continues its inevitable course of action. I fully understand Leandro's 'charged' post (it's great to have people so passionate behind 'ICON' and ongoing 'efforts.') It echoes how I and many others(!) feel about CoH and NC Soft's stance. Which, I feel, is unreasonable. In these ever more so, 'corporate' weighted times where privacy and fair use rights are being steam rollered...? It increasingly feels like the 'Rebel Alliance' vs the 'Imperial Fleet.'
*waves his hand away to people quoting 'the law' on the EULA.
Azrael.
PS. NC Soft can try and 'remotely' delete software on our machines. Let them try it. (Which I don't think is right.) There will be the almightily mother of fatwa unleashed upon them and their 'push for the mobile gaming market of the USA.'
PPS. Does this 'mystery ICON release' affect the 'talks..?' I don't think so. I think Codewalker's comments were spot on. And he was being more than reasonable in what he said.