Alright, one more response...
However, coming into possession (either through purchase or gifting) of an item or items that were created in an illegal manner (duping/changing the original coding), without having personal knowledge that item was a dupe *in no way* violates the TOS.
I don't dispute that, although I did misspeak earlier when I said that possession itself was enough. The rules of conduct page makes that distinction:
19. You will not exploit any bug in the Ultima Online product or the Ultima Online service. You will not intentionally use or share any bug found within Ultima Online, real or fictitious, regardless of whether or not it grants an unfair advantage....
20. You will not intentionally accept an item that has been “bugged” or otherwise manipulated outside of the designed game mechanics from anyone inside or outside the game world. The Ultima Online team has the right to confiscate any such illegal items, without reparation, even if a player had no prior knowledge of the item’s origin.
If people were banned for unintentionally violating item 20, then yes I could see there being a problem. However, every banned person who I have seen publicly dispute their case has been found guilty of violating item 19. There are no excuses to be made for that.
Stating it was a violation of Rule 19 and *showing proof* it was a violation of Rule 19 are not the same thing. Heck, they haven't even shown it was a violation of Rule 20, which states: "
You will not intentionally accept an item that has been “bugged” or otherwise manipulated outside of the designed game mechanics from anyone inside or outside the game world." Innocently buying items that turn out to be dupes is *not* "intentionally" accepting, as the rule states, since the use of the word "intentionally" in the rule assumes *knowledge* before the fact that the item was duped but accepting it anyway.
It's easy to SAY anything you'd like, and companies are no less likely to say what they please to justify themselves than any of us "mere mortals", that's why *proof* is necessary. EA is providing its customers with a service in return for our money, because of that they are bound by certain rules too, especially the rules they themselves have instituted.
From what I've been reading in many of the protest posts, the only rule that the "offenders" could've violated was Rule 20, which carries with it the action to "
confiscate any such illegal items, without reparation," and that is the action that should've been taken. Any more severe punishment is not warranted or threatened under the TOS as it currently stands. What that means it that
none of us agreed to what is now happening. None of us agreed to being sumarily punished to the ultimate length of severity regardless of our infraction. The punishment should fit the crime *and* fall within the guidelines of the TOS.
Considering it logically, the loss of many very expensive items is a severe punishment in itself.
However, even in that instance, the burden of proof is on the policing body to prove the possessor of the counterfeit in question *knew* it was counterfeit and was attempting to *knowingly* pass/fence/profit from the item(s).
In the legal world? Yes. But these are EA's servers, and even if they did ban people just for possession, that is in their power to do so.
Is it? Since when? Seems that would fall under "Failure to Provide Contracted Services."
See: [FONT=Arial,Bold][FONT=Arial,Bold]CUOMO SUES DELL FOR FALSE ADVERTISING, FAILURE TO PROVIDE SERVICES, AND DECEPTIVE BUSINESS PRACTICES[/FONT][/FONT]
Laws are made to protect ALL parties, with special emphasis on Burden of Proof, with the accused being innocent until proven guilty... at least here in the United States.
Again, this is EA's world, and their rules. Yes, to appease and attract customers they should present a fair and just system. I feel that they are doing the best they can to do so, and I currently don't have a problem with the way they punish people.
Because it hasn't hit YOU yet. Something tells me that should it, you would be just as loud in protesting your innocence as you are now in asserting everyone's guilt.
You can't follow rules if you don't know what constitutes breaking those rules. To be in possession of something that you got honestly and innocently is not breaking *any* rules!
Yes, unknowingly possessing duped items is alone not enough to get you banned.
Wrong, at least according to that letter.
But even if you believe that anyone can get banned just for possessing a very large number of duped high-end items, there are steps you can take to protect yourself. Don't buy high-level items from people you don't know. Take a few minutes to ask around to see if a vendor is reputable. Don't purchase gold from untrusted sources.
Are such steps unnecessary to be absolutely certain of one's own innocence? That's for each person to decide for themselves. We can ask the devs to change things, but chances are if they haven't found a more intuitive anti-duping solution after 11 years, then one isn't available for this game.
Perhaps it was a bit gruff of me to suggest that if you don't like things and don't feel your voice is being heard, then leave. However, you can sugarcoat it and present as nicely as you want, but that's still at the essence of the current situation.
Look, I don't want to have to worry about taking a misstep everytime I logon to play my favorite game, and I'm sure I'm not alone in that. I don't want to be hemmed in by fear of what I can only guess might wind up getting me in trouble to the point I'm prevented from doing *the perfectly legal activities* I have legally contracted to have the right to do.
The letter to those players who have been banned states clearly they were found to be in possession of duped/illegal items. In order for EA to say that, they must have some way of *seeing* which items are dupes. Agreed? The fact is that IF The Powers That Be are capable of seeing every item in the game and determining if it's real or a dupe, then those same powers can delete every dupe without bothering their customers any further.
The loss of the duped items would be punishment enough. Furthermore, if the deletion of all those items came *after* an announcement from EA/Mythic that such a thing was going to be done, then it would be very unlikely any player would be able to protest much... well, at least not effectively.
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