Chris writes: Here's an article from The Inquirer that deals with the question whether Half-Life 2's End-User License Agreement (EULA) is illegal:The German Consumer Association has recently found that the packaging on Half-Life 2 is misleading.
In a report made following complaints from the public, they said that the mere listing of an internet connection under the 'other' category in system requirements did not accurately describe the true extent of the internet tie-in with the game, and ordered Vivendi to amend the packaging and untie Steam from HL2 or face a hefty fine.
[...] How far other consumer associations will agree with the Germans is yet to be seen, but it seems a no-brainer that Steam should be mentioned on the retail pack.
The return of software has traditionally been a bugbear for gamers. Most shops, at least in the UK, have a policy not to allow the return of opened software because of piracy risks. However, most consumers are not aware that, in some cases at least, this is in breach of their statutory legal rights, which cannot be infringed.
[...]It is quite conceivable that any gamer not being able to connect to Half-Life 2 is entitled to a legal refund in the UK. The case would hinge around whether or not the inability to play the game without persistent net connection, or the previous hacking of the CD Key rendering it unplayable, makes the game unfit for the purpose described on the box. This could well be a winner.
The last issue is the most interesting and relates to a number of other cases that have come up over the last couple of years.
According to US and UK law, under the principle known in the US as 'First Sale', a consumer buying a game takes absolute title to it; that is, they own it. Here's the dig. At least in the States, opening a game box is equivalent to accepting a EULA. However, you can't read the EULA until you've opened the box, since game stores don't carry copies. Can the EULA then be binding? In the US courts - and contrary to popular opinion - it can be, but it must be 'reasonable' according to a bunch of different standards. Half-Life 2, perhaps, wouldn't be.
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