@dsb
Tell that to those that lost the case fighting similiar terms like these like the one I had linked with the case against ATT and its anti-Class action clause. Really what you may think it is and what it actually is are two very separate things.
http://www.linkedin.com/answers/law-legal/corporate-law/contracts/LAW_COR_CON/760107-9749629
@DSB
Exactly my thoughts. Steam's action and such actions by other corporations simply mock the law and the people. That was my initial question: Is this action by Steam right/legal?
Steam could at least allow me to use the content i purchased before this new TOS was imposed. They can impose the changed TOS for any new purchases and state it before a new purchase.
I'm currently reluctant to click the "I Agree" button every time Steam starts up. I feel like an idiot/daft person if i clicked "I Agree". They're clearly treating us like one. Whats more annoying is that there are people backing Steams actions with arguments.
Well yeah, you have me reading up on it now, and it does seem like the US has an awful lot of bad legislation.
But consumers and sellers alike still have to abide by the UCC (Uniform Commercial Code) which is currently ratified as state law everywhere in the US except Louisiana.
It looks to me like the two paragraphs that would make it illegal for Steam to take your games away, or write a TOS agreement that enables them to, are right on top of eachother, paragraph 2-301, and paragraph 2-302:
§ 2-301. General Obligations of Parties.
The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract.
§ 2-302. Unconscionable contract or Term.
(1) If the court as a matter of law finds the contract or any term of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable term, or it may so limit the application of any unconscionable term as to avoid any unconscionable result.
(2) If it is claimed or appears to the court that the contract or any term thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determination.
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In other words, 2-301 specifically states that the obligation of the buyer is to pay, and the obligation of the seller is to provide.
And if you write up a TOS agreement in bad faith, or one that makes unreasonable demands of the signee, it's void.
Here's the code itself:
@alterecho
Its been that way since Steam started you are acting like Steam just decided to enforce the TOS. It just so happens that you activated Steam and there happened to be a new TOS with the inclusion of the anti class action. Welcome to the digital age.
@DSB
Again its legally binding. Alterecho is welcome to fight it in court. I would be interested to see what happens but as most cases that have done the same thing, the corps always win because the TOS is enforced. You are welcome to disagree but there is more proof that TOS are legally binding than what you are trying to say.
Something being legally binding doesn't put it beyond challenge, and you're right in that the overwhelming majority of ToS agreements are considered valid legal contracts, but the merit of each and every one of them, is still subject to review in a court case.
Steam are obviously going to get away with whatever they want, until someone wins a case against them, that's how the system works. You have to prove them wrong.
"Steam are obviously going to get away with until someone wins a case against them, that's how the system works. You have to prove them wrong."
Correct which is why I said I would be curious to see what happens. I can just see the headlines "Man fights for his collection of games"
Their a videogame company, not bankers. Your virtual toys are safe, click accept and move on.
Focus all that raging paranoia on real world problems, like your work conditions, or health insurance.
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