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+YahooHoly. ****.
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).