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 Post subject: Re: Re:
PostPosted: Wed Aug 24, 2011 3:54 pm 
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FarSky wrote:
Midgen wrote:
Looks like gamestop doesn't want you to use the free OnLive coupon that is supposed to be included with the game...

http://arstechnica.com/gaming/news/2011 ... t=My+Yahoo

Holy. ****.

That's got to be illegal...

Maybe not directly; that would probably depend on whether or not the coupon has been advertised as part of the product.

Indirectly, though, does the retail PC box have one of those "by opening this package, you agree to the terms of the EULA" clauses? If so, GameStop just agreed to the EULA of every box they opened to remove the coupon. That could definitely have interesting legal implications.

I can't locate the text of the DX:HR EULA; I'd be interested in seeing what it says. I found another Eidos EULA online. I don't know what product it was for, but this is probably standard language for all their EULAs:

Quote:
2. Licence
You are permitted to:
[...]
(c) transfer the Software Product (complete with all documentation) and the benefit of this EULA to another person provided such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate.


They could definitely run afoul of this provision since they are trying to transfer the Product without first making the transferee agree to the EULA.

There's also this:

Quote:
This End-User Licence Agreement ("EULA") is a legal agreement between you and Eidos Interactive Limited ("Eidos" or "we") for the computer game software stated above, which includes computer software and associated media, materials and other documentation together with any updates to the original game software which is provided to you ("Software Product").


Quote:
3. Restrictions
You are not permitted:
[...]
(b) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-licence, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software Product or use, reproduce or deal in the Software Product or any part thereof in any way.

By removing the coupon, they would be modifying the "Software Product" as defined by the EULA.

But as I said, this depends on whether the box-binding mechanism is in effect, and the actual provisions of the DX:HR EULA (which may be different).

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PostPosted: Wed Aug 24, 2011 3:59 pm 
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I think in most circumstances, Gamestop has enough clout to get special runs from the distributor with competitive coupons removed.

Apparently that didn't happen in this case, so they decided to take matters into their own hands.

Gamestop has always opened console games and sold them as new. I have no idea of the legality of it, especially if they are removing coupons and such.

I have no idea if opening PC games prior to sale is/was standard practice prior to this. I've never purchased a PC game from them that I can recall.

I think I'll go buy something from OnLive just to spite them...


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PostPosted: Wed Aug 24, 2011 4:10 pm 
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Gamestop's official statement:

Quote:
Regarding the Deus Ex OnLive Codes: GameStop’s policy is that we do not promote competitive services without a formal partnership.
Square Enix packed a competitor’s coupon within the PC version of Deus Ex: Human Revolution without our prior knowledge and we did pull these coupons.
While the new products may be opened, we fully guarantee the condition of the discs to be new. If you find this to not be the case, please contact the store where the game was purchased and they will further assist.


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PostPosted: Wed Aug 24, 2011 4:20 pm 
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If you find this to not be the case, please contact the store where the game was purchased and they will further assist, by telling you to go to hell!!!.


FTFY!


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PostPosted: Wed Aug 24, 2011 4:45 pm 
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After all these years of not setting foot in a gamestop, it's refreshing that they still keep giving me reasons to never go back.


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PostPosted: Wed Aug 24, 2011 5:36 pm 
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FarSky wrote:
Gamestop's official statement:

Quote:
Regarding the Deus Ex OnLive Codes: GameStop’s policy is that we do not promote competitive services without a formal partnership.
Square Enix packed a competitor’s coupon within the PC version of Deus Ex: Human Revolution without our prior knowledge and we did pull these coupons.
While the new products may be opened, we fully guarantee the condition of the discs to be new. If you find this to not be the case, please contact the store where the game was purchased and they will further assist.


LOL, of all the nerve, for a game publisher to include a coupon for THEIR CUSTOMERS without getting Gamestop's approval! WHO THE HELL DO THEY THINK THEY ARE !!?


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PostPosted: Wed Aug 24, 2011 6:00 pm 
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Gamestop, why do you keep giving everyone more reasons to hate you? Bah, my conscience screams at me every time I look at their used game prices. Glad I never actually buy anything there.

On to the game itself, giving XP for incaps seems to make sense in every game BUT Deus Ex. I agree with Dal. I don't think it should reward Pew Pew. A system like he suggests worked fine in Vampire: The Masquerade: Bloodlines, as well as in Dark Messiah of Might and Magic.


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PostPosted: Wed Aug 24, 2011 6:56 pm 
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Midgen wrote:
FarSky wrote:
Gamestop's official statement:

Quote:
Regarding the Deus Ex OnLive Codes: GameStop’s policy is that we do not promote competitive services without a formal partnership.
Square Enix packed a competitor’s coupon within the PC version of Deus Ex: Human Revolution without our prior knowledge and we did pull these coupons.
While the new products may be opened, we fully guarantee the condition of the discs to be new. If you find this to not be the case, please contact the store where the game was purchased and they will further assist.


LOL, of all the nerve, for a game publisher to include a coupon for THEIR CUSTOMERS without getting Gamestop's approval! WHO THE HELL DO THEY THINK THEY ARE !!?

I kinda want to make a game just to include a free "Gamestop SUCKS!" pin in it, and see what happens. :)


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PostPosted: Wed Aug 24, 2011 8:29 pm 
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Oh, if anybody else is getting terribad loading times (~45+ seconds) on PC, apparently, turning VSync off in your drivers is a current workaround.

Bleah. But I turn it on for a reason! Hopefully, we'll see a patch.

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PostPosted: Wed Aug 24, 2011 8:41 pm 
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Terribad loading times on my 360. /sigh.

And I HATE the inventory system.

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PostPosted: Thu Aug 25, 2011 12:22 am 
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Looks like Square Enix took exception, and Gamestop responded by pulling the game from shelves (assuming this story is true)...

http://www.joystiq.com/2011/08/24/games ... om-shelve/


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PostPosted: Thu Aug 25, 2011 9:01 am 
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Oh man. I would love to see Eidos and Square pull all versions of this and every other eidos/square game from distribution at Gamestop. Sure, will never happen (gamestop has become the wal-mart juggernaut of preorders) but man it would be fun to see someone slap them and their anti-consumer practices a bit.


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PostPosted: Thu Aug 25, 2011 1:55 pm 
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Meh, they went the opposite way:

Earlier today, GameStop pulled all PC copies of Deus Ex: Human Revolution from shelves after it was caught opening boxes, removing a promotional code then selling these games as "new".

People were quick to blame GameStop, as is often the case, and while the retailer still shoulders some blame in this (if only for the practice of opening then re-selling games), the game's publisher Square Enix appears willing to fall on a sword and accept a little responsibility, saying it respects Gamestop's "right" to mess with the game and that it didn't tell the retail giant it was including free coupons for a direct competitor.

"As part of Deus Ex: Human Revolution's boxed offering on PC, Square Enix included a third party coupon", says a statement released by the publisher. "GameStop was not made aware of this inclusion and Square Enix respects the right of GameStop to have final say over the contents of products it sells and to adjust them where they see fit in accordance with their policies."


http://kotaku.com/5834260/square-enix-totally-cool-with-deus-ex-recall


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PostPosted: Thu Aug 25, 2011 1:57 pm 
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Square Enix pussed out. Shame.

I'm still never purchasing from Gamestop again, no matter how much I may want a game. I may fire up my OnLive box just to spite them, in fact. But any physical copies I purchase will be through Amazon, or in case of emergency, Best Buy/Target/Walmart.


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PostPosted: Thu Aug 25, 2011 3:03 pm 
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Huh, I bought it at gamestop and the coupon was still in it.


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PostPosted: Thu Aug 25, 2011 3:57 pm 
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I'm not sure they if they pussed out or not. What I *think* happened, but obviously can't prove, is that Square Enix legal folks told Gamestop to stop opening the game boxes and removing the coupons. To which Gamestop responded, "Fine, we'll just remove the game from the shelves". What we are seeing is the 'for public consumption' statement from Square (which I'm quite OK with).

That's my theory and I'm sticking to it. =)


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PostPosted: Thu Aug 25, 2011 4:39 pm 
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Oh yeah Midgen, I think that's what happened as well. It's just too bad Gamestop didn't have to take a bit more public beating for my amusement. ;)

Looks like they just released a load times patch for PC.

http://kotaku.com/5834422/have-to-say-deus-ex-human-revolutions-loading-screens-are-a-total-drag


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PostPosted: Thu Aug 25, 2011 7:03 pm 
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Yep. Mine went from ~50 seconds (with or without Vsync) to 10 seconds, with.

I approve.

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"... Mirrorshades prevent the forces of normalcy from realizing that one is crazed and possibly dangerous. They are the symbol of the sun-staring visionary, the biker, the rocker, the policeman, and similar outlaws." - Bruce Sterling, preface to Mirrorshades


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PostPosted: Thu Aug 25, 2011 8:18 pm 
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PostPosted: Fri Aug 26, 2011 3:20 pm 
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So you guys who have been playing this, is it worth a purchase? I'm thinking about getting it.


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PostPosted: Fri Aug 26, 2011 3:21 pm 
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Yes. If this doesn't sweep GotY on several sites and platforms, I'll be shocked.

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"Aaaah! Emotions are weird!" - Amdee
"... Mirrorshades prevent the forces of normalcy from realizing that one is crazed and possibly dangerous. They are the symbol of the sun-staring visionary, the biker, the rocker, the policeman, and similar outlaws." - Bruce Sterling, preface to Mirrorshades


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PostPosted: Fri Aug 26, 2011 5:54 pm 
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PostPosted: Fri Aug 26, 2011 5:55 pm 
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Location: The battlefield. As always.
I'd.. not go that far.

Mandatory boss battles that cannot be avoided or reasoned with are pissing me off. Mandatory boss battles that REQUIRE lethal weaponry to end? SO ANGRY.

Combat is too de-emphasized - characters need a way to be a lot less squishy, earlier on.

(In essence, I'm grinding up against both ends of the game system; if I emphasize combat, I am too squishy, early on. If I emphasize stealth, which I have been, I get rocked repeatedly by boss battles until I cheesed one to death via stungun and heavy rifle, and another via stungun and battle rifle.)

Eidos has also pulled something with their included packaging that engenders hate from me on par with you all for Gamestop; the Automatic Unlocking Device is -not available- ANYWHERE if you didn't preorder from Impulse or Gamestop.

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PostPosted: Fri Aug 26, 2011 7:53 pm 
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I would like to once again iterate... my disdain for gamestop and the true hopes that most of the executive staff suffer permanent blindness from Surprise Bukake.

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PostPosted: Fri Aug 26, 2011 11:04 pm 
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Location: The battlefield. As always.
Also, I'm pretty sure my no-kill playthrough was just ruined because the game airdropped a security droid onto an unconscious security guard.

In my defense, I was very, very busy at the time.

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