Anthem Alpha Streamer Loses Entire EA Origin Library after Breaking NDA

Discussion in 'HardForum Tech News' started by Megalith, Dec 8, 2018.

  1. Megalith

    Megalith 24-bit/48kHz Staff Member

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    Anthem fans who were lucky enough to get into the alpha, beware: EA is banning anyone who streams the game and is “publicly discussing issues” they may be having, as the closed test is under strict NDA. One gamer found out the hard way; his entire Origin game library has been deleted.

    The streamer started the game while he was live streaming it all on Twitch. It was a rather quick job from EA who managed to push some buttons on their side that led to the crash of the Origin app on his PC. He forcefully closed it through Task Manager and then restarted it only to find out that his whole library is gone including Anthem.
     
    Last edited: Dec 8, 2018
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  2. DF-1

    DF-1 2[H]4U

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    #ouchie
    #gottem
     
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  3. Bigbacon

    Bigbacon [H]ardForum Junkie

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    amazed they let him keep the account at all. I mean why not just trash the whole thing and not let him log in to it ever again.
     
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  4. Dirty Butler

    Dirty Butler Limp Gawd

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    They banned my account for a supposed charge back even though I don’t even have a card saved on Origin. EA support is garbage.
     
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  5. delita

    delita [H]ard|Gawd

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    how dumb can you be? good to know though, EA is very serious about their NDA!
     
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  6. Chris_B

    Chris_B [H]ardness Supreme

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    I very much doubt they're allowed to delete your entire games library, probably some type of suspension or time locked ban for streaming it.
     
  7. NickJames

    NickJames [H]ardness Supreme

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    This isn't the first time EA has removed someones entire Origin library. Happens more often than you think so apparently it's not against the law.
     
  8. Jim Kim

    Jim Kim 2[H]4U

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    How is this even legal.
     
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  9. dR.Jester

    dR.Jester 2[H]4U

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  10. NeghVar

    NeghVar 2[H]4U

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    I do not know the accuracy of this person's claims, but it is worth a listening to. Of course Steam and Origin have different ToS and EULA's. But some of the claims made in them are scare tactics and have no legal standing.
     
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  11. Makeroflostsouls

    Makeroflostsouls 2[H]4U

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    I got in to the alpha , you had to agree to a lot of stuff. Not that I read all of it lol but I would totally not stream it. Hell it has a random water mark all over it. They want to make sure you don’t stream or share pictures of it. I have been in a lot of betas that have done the same. Not sure why people think it’s ok to do this after agreeing to not do it. You agreed to not share and you broke it , now your digital library is gone. I feel no sadnes for you. It sucks , but it’s no one else’s fault but your own.
     
  12. Master_shake_

    Master_shake_ [H]ardForum Junkie

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    And nothing of value was lost.
     
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  13. Bladestorm

    Bladestorm [H]ard|Gawd

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    Just played for an hour. I'd like to say more, but...................
     
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  14. dR.Jester

    dR.Jester 2[H]4U

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    Rules are not that hard to follow. This was sent in a separate email....

     
  15. Darkswordz

    Darkswordz Gawd

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  16. B2BigAl

    B2BigAl 2[H]4U

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    I understand them revoking his alpha privileges and even blacklisting him from future alpha/beta access, but taking the shit he’s already paid for? That’s fucked, and should be illegal.
     
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  17. vegeta535

    vegeta535 2[H]4U

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    Better then getting hell sued out of you. They could ruin your life so yea I rather get my games deleted.
     
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  18. funkydmunky

    funkydmunky 2[H]4U

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  19. DocNo

    DocNo Gawd

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    Haha - score one for the corporate guys. If you agree to an NDA you should respect it.
     
  20. Chris_B

    Chris_B [H]ardness Supreme

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    Was that not more of an error on ea's part the last time that happened? I remember there being a story about it but it wasn't down to someone breaking an nda.
     
  21. SunnyD

    SunnyD 2[H]4U

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    That's why buying grey market keys is a bad thing folks.
     
  22. DrezKill

    DrezKill Limp Gawd

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    Yeah the dude is a real fucking moron for streaming a game that is very strictly under NDA. However losing his entire Origin library is some real fucked up shit. He paid for those games. Then again, in this day and age, you don't really own your digital games do you (unless you bought them on GOG). You just pay for the license to use them, or however the fuck that works. So apparently EA can just up and take away all the fucking games that you paid for. Fantastic. Good luck trying to do that with physical copies. Pretty sure it would be illegal for EA to roll up in your house and take your physical copies. Then again, you never know what those sneaky lawyers throw into the EULAs... Well fortunately for this dude, we live in a time where he can just easily download all the games EA stole from him. They won't be "legit" anymore and online multiplayer cannot be played (in most cases), but at least he can still replace his library for free. That really is the only saving grace of this digital age. Steam, uPlay, Origin, whatever, they can all fold and you might one day find yourself without access to those games, but there are always ways to replace them.
     
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  23. Delicieuxz

    Delicieuxz Gawd

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    Whether or not they violated the NDA, taking away somebody's games they paid for and therefore own is still theft.

    And I doubt there is a clause in the NDA which claims that any violation of the NDA allows EA to wipe their Origin account of its games.
     
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  24. DocNo

    DocNo Gawd

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    Better read that crap that everyone clicks through - their general TOS, which the EA NDA references, warns that severe violations can go up to account termination:

    http://tos.ea.com/legalapp/WEBTERMS/US/en/PC/#section8

    BTW I checked into it and the NDA isn't even that onerous as far as NDAs go - mostly common sense stuff. Maybe the only objectionable term in there is if you give them feedback they can credit you without having to ask you first; no thanks. Everything else is pretty standard stuff. You can read it yourself below if you like.

    Alpha Agreement

    Welcome to EA. We hope you enjoy participating in the Alpha Program, which includes access to pre-release product, EA Virtual Currency (defined below in Section 3), and In-Game Content (collectively, the “Alpha Materials").

    Your participation in the Alpha Program is governed by this Agreement, and EA’s User Agreement (terms.ea.com) and Privacy and Cookie Policy (privacy.ea.com), which are incorporated by reference (collectively, the “Alpha Agreement Terms”). This Agreement is between you and the EA entity listed in the EA User Agreement.

    By participating in the Alpha Program, you agree to the ALPHA AGREEMENT Terms. IF YOU DO NOT AGREE, DO NOT install or use THE ALPHA MATERIALS, OR PARTICIPATE IN THE ALPHA PROGRAM.

    1. Alpha Program Participation Requirements

    By participating in the Alpha Program, you agree that:

    A. Your access to the Alpha Program begins once you install or access the Alpha Materials, and ends when the Alpha Program expires unless extended or terminated earlier.

    B. An Internet connection and EA Account may be required to participate in the Alpha. To create an EA Account, you must provide a valid email address. You must be eligible to participate in the Alpha Program and be a resident of a country where participation in the Alpha Program is permitted.

    C. You are 18 years of age or older.

    2. License

    Your use of the Alpha Materials is subject to all license and other terms described in the EA User Agreement.

    3. Virtual Currency and other In-Game Content

    EA may offer virtual or fictional points, coins, or currencies (“EA Virtual Currency”) in the Alpha Program. When you obtain this EA Virtual Currency, you receive a limited, non-assignable, non-exclusive, revocable license to access and select from in-game products, services, assets, or content (“EA In-Game Content”) that EA expressly makes available in the Alpha Program. The EA User Agreement contains additional terms that apply to your access and use of EA Virtual Currency and EA In-Game Content.

    The Alpha Program and Alpha Materials will run in a test environment, and characters, achievements, progress, features, EA Virtual Currency and EA In-Game Content that you obtain while participating in the Alpha Program may be erased, updated or modified at EA's sole discretion, at any time and without notice to you. EA does not guarantee that any particular EA Virtual Currency or EA In-Game Content will be available at all times or at any given time. These items may not be accessible after the Alpha Program ends, or after commercial launch of the game.

    4. Reviewing and Evaluating Alpha Materials

    Your participation in the Alpha Program is voluntary, done for your personal enjoyment, and does not constitute employment or an offer of employment between you and EA. EA does not ask or require you to work a certain number of hours or shifts to participate in the Program. EA expects you only to use your leisure time to participate in the Alpha Program, and does not expect you to forego other activities, including gainful employment. Your participation in the Alpha Program and any feedback, suggestions and comments you give EA (such as bug reports and test results) (“Feedback”) do not entitle you to receive compensation of any kind.

    EA shall have the right (but not the obligation), at its sole discretion, to credit you for the Feedback, and you grant EA a license to attribute such Feedback to you. You grant EA the right (but not the obligation) to use the Feedback for any purpose, including in any products, marketing, or other media, without your approval or notice, and without compensating you. You represent and warrant that (1) you have the right to enter into this Agreement and assign and grant these rights; and (2) any Feedback provided by you is your original work and does not infringe any third party intellectual property rights.

    By participating in the Alpha Program, you agree to receive communications by email about your participation in the Alpha Program, including to solicit Feedback, even if you have not agreed to receive general EA marketing email.

    5. Termination

    This Agreement is effective until terminated by you or EA. EA may terminate your EA Account as well as your access to the Alpha Program and Alpha Materials if you violate this Agreement or any of the Alpha Agreement Terms. Sections 1-10 of this Agreement survive termination of this Agreement.

    6. Relief and Indemnity

    You agree that a breach or threatened breach of this Agreement will cause EA irreparable injury, that money damages would be an inadequate remedy, and that EA shall be entitled to ex parte injunctive relief without bond to stop a breach or threatened breach.

    7. Use of Data

    When you participate in the Alpha Program, EA may collect and store data from your computer or device, including information about your computer or device and operating system (such as IP Address and device ID), information about your Alpha Materials usage, gameplay and usage statistics, system interactions and peripheral hardware. If you participate in the Alpha Program offline, this data will be stored on your device and transmitted to EA when your device connects to the Internet. EA uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically served content and software support, and troubleshoot bugs or enhance your experience.

    You should not disclose your personal information in your public communications within the Alpha Materials. EA is not responsible for information that you choose to communicate to other users within the Alpha Program, or for the actions of other users. EA reserves the right to monitor this content and communications.

    8. Confidentiality

    All Alpha Materials and information you provide EA in connection with the Alpha Program are EA “Confidential Information.” Confidential Information includes: (1) Information about, within, or sent through the Alpha Materials and the Alpha Program, including (a) the performance, capabilities and content of the Alpha Materials; and (b) Feedback from you, other Alpha Program Participants, or EA employees; and; and (2) Information about EA’s products, services or business operations.

    You may not share, publish, disclose, distribute, transmit, post or make available, directly or indirectly, Confidential Information to any third party, until EA publicly releases the product(s) or content you are reviewing. However, you may disclose the existence of the Alpha Program and that you are a member of the Alpha Program.

    At EA’s request, you must return to EA any and all copies of the Alpha Materials delivered to you.

    9. Alpha Materials

    To access and use Alpha Materials on Sony PlayStation 4, you may need to register with the serial code enclosed with the Alpha Materials or otherwise provided to you by EA.

    The Alpha Materials may use Origin Online Activation, and also may use Sony DADC Austria AG’s Denuvo content protection technology, as described in the EA User Agreement.

    EA Anti-Cheat Technologies. EA may use its own anti-cheat technologies in connection with the Alpha Program. When you connect online to a game server, these technologies will activate and monitor your game play, the game files associated with the Alpha Materials and your computer’s RAM. These technologies detect cheating and any unauthorized third-party programs running concurrently with the Alpha Materials and any modifications to the Alpha Materials’ files enabling or facilitating cheating. An unauthorized third-party program is any third party program or file (such as a “addon”, “mod”, “hack”, “trainer”, or “cheat”) that EA believes (i) enables or facilitates cheating of any type: (ii) allows users to modify or hack the Alpha Materials’ interface, environment, or experience in any way not expressly authorized by EA: or (iii) Intercepts, “mines”, or otherwise collects information from or through the Alpha Materials. When you disconnect from the game server, these anti-cheat technologies will be deactivated.

    If our systems detect cheating, we may collect relevant information, including your EA Account name, details about any unauthorized third party programs and the Alpha Materials files modification detected, and the time and date the cheating was detected. If we determine you have been cheating, we also may terminate your participation in the Alpha Program and, in some cases, your EA Account.

    10. Warranty

    YOU ACKNOWLEDGE THAT THE ALPHA MATERIALS PROVIDED HEREUNDER ARE PRE-RELEASE PRODUCTS. YOU ACKNOWLEDGE THAT THE ALPHA MATERIALS MAY CONTAIN ERRORS AND DEFECTS, AND ARE NOT FINAL PRODUCTS. EA DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR THE ALPHA PROGRAM OR THE ALPHA MATERIALS.

    EXCEPT AS STATED ABOVE, ALL STATUTORY WARRANTIES AND PROVISIONS RELATING TO LIABILITY AND EXPORT RESTRICTIONS ARE SET OUT IN THE EA USER AGREEMENT.

    11. Changes to this Agreement

    If we revise terms affecting existing elements of the Alpha Program, these changes shall be effective thirty (30) days after we send you email notice. If we add new terms to the Alpha Program, these terms are effective immediately after we have sent you an email notice. Your continued use of the Alpha Materials means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the EA Alpha Materials provided.
     
  25. Tekara

    Tekara [H]ard|Gawd

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    Think of these game platforms more like Netflix. you get caught pirating from Netflix, your account is banned and you lose access to everything.

    With Origin, Steam, etc. you don't own anything and it's a one time fee instead of monthly charge. But it's still the same, violate a policy and lose access to everything.
     
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  26. Wildace

    Wildace [H]ardness Supreme

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    i dont think you own the games, you are paying for a license to play the games which can be revoked at will, by the owner of said license.
     
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  27. DigitalPanhandler

    DigitalPanhandler Limp Gawd

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    unfortunately this is the problem with digital only......you are never the owner of software you purchase you are effectively leasing access to it....and said access can be revoked at any point....

    pretty much all digital services are this way these days
     
  28. Delicieuxz

    Delicieuxz Gawd

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    Interesting. Though, I'm not sure claiming to be able to take a person's possessions for such a violation would stand in a court as being reasonable. I think EA is acting beyond what is reasonable.

    Notable is that their account wasn't actually revoked. It was wiped.

    Also, you do own the games you purchase through Steam and other digital retailers, and there have been court cases in parts of the world ruling such.

    I've put examples of court rulings on the matter in this post: https://linustechtips.com/main/topi...rwise-are-urban-myth-or-corporate-propaganda/


    When you pay for a license, you own that license.

    The common EULA phrase "This software is licensed, not sold" refers to the software IP being licensed and not the individual licenses, which are clearly sold and not leased, loaned, or licensed.

    It is the same as when you purchase clothing or vehicles: You don't own the IP for those things, but you own a licensed instance of those things and that licensed instance, the copy you purchased, is your own property.

    A license is a right to use something that belongs to someone else - in this case, the game IPs, which is used to play the copy of the game that people purchase and own (in the view of the EU and Australian top courts).
     
    Last edited: Dec 8, 2018
  29. ir0nw0lf

    ir0nw0lf [H]ardness Supreme

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    Dumbass Factor 10 Mr. Sulu.
     
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  30. horrorshow

    horrorshow [H]ardness Supreme

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    This is totally messed up but I'm certain they have every legal right to do so....

    If Valve banned my Steam account, I'd absolutely lose my sh*t!!!!
     
  31. sfsuphysics

    sfsuphysics I don't get it

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    Dude just wanted to up his Twitch users for the month, and much like those THOTs who don't think they need to report their income ... as income "they're gifts from people teehee!" some people just don't understand how the real world works.
     
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  32. Dudhunter

    Dudhunter n00b

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    Why are people still playing EA games?

    Fuck that company. Let it go bankrupt and a better publisher will fill the void.
     
  33. sfsuphysics

    sfsuphysics I don't get it

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    Totally get where YOU are coming from, but you are in the minority, the apparent vast minority. Everyone who keeps throwing money at the yearly regurgitations of Madden, NBA, NHL, FIFA, UFC games, Battlefield games, Sims expansions, etc. Well people are paying big money to them, not everyone cares.
     
  34. Nolan7689

    Nolan7689 [H]ard|Gawd

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    Play stupid games. But that goes for both of them, breaking an NDA and losing your library are not balancing the scales.
     
  35. PeaKr

    PeaKr Gawd

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    ea probably knows anthems a turd. They don't want the interwebs finding out, imperative to keep the idiots buying pre-orders, dlc packs and season passes.
     
  36. AceGoober

    AceGoober Live! Laug[H]! Overclock!

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    I'm not in agreement with EA deleting the streamer's game library. Kick him from the BETA, sure but to punish him by deleting his library of games not associated with Anthem BETA? That's taking punishment a bit too far and wouldn't stand up in court. I'm not a lawyer.
     
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  37. BaGGy

    BaGGy Limp Gawd

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    Have you heard this game called Destiny?
     
  38. Unoid

    Unoid [H]ard|Gawd

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    NDA's are only enforceable via lawsuit and the courts. If the streamer chose to sue for loss of games and whatever else, they could and win, but no one will waste 50k on that.
     
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  39. Nolan7689

    Nolan7689 [H]ard|Gawd

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    Yep. Still though, the streamer was an idiot and broke the NDA and was punished. The punishment was far too disproportionate though. IE they're both dumb.
     
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  40. Tekara

    Tekara [H]ard|Gawd

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    Your citation disagrees with your assertion. While he is confident that a Supreme Court ruling in the US would back his claim, he fully admits that the Supreme Court has not actually made such a ruling and prior US rulings have been inconsistant:

    some reading in regards:

    It's not to say there have been pro-consumer rulings in regards to software ownership in the US, as there have been. But there's been enough rulings against the consumer that it is dangerous water to tread in without the financial and legal backing to deal with the consequences.
     
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