CPA VS Electronic Arts

[Mr.CookieMonster]

Of course you can give it to someone else. People resell or give away their Steam and Blizzard accounts all the time - EA won't know.

Good Idea!

 

[Fudzy]

Of course you can give it to someone else. People resell or give away their Steam and Blizzard accounts all the time - EA won't know.

I think that would depend on how attached the OP is to the e-mail address.

Good luck with the CPA, I seriously doubt they'll accept cases on opinion rather than fact. If I buy a toaster and it's broken and the shop won't take it back... that's a case for the CPA. If I buy a game/CD/DVD without some sort of trial or reading reviews... that's just a case of consumer ignorance.

 

[ciruis]

As i said in an earlier post, i do see everyone's points made here.

I don't want to give away my account, there is other games I like and play associated to that account.

For me personally (as i stated before) i am huge fan of the NFS series and i should have played a demo or something of the sorts before purchasing the game. I do understand the reasons EA put forth for not being able to "give the game away".

My argument is, I bought the product, i think its rubbish. I am sure someone else could get many hours of fun out of it. To me from a business perspective, surely it would be better for the lifetime of the product if EA made a legimate means of actually giving this product away ? Apparantly, EA would prefer to take the cash and really not worry about such things once the purchase has been made.

At the end of the day, it was my fault for making a stupid purchase (IMHO).

Oh well another DVD thats gonna collect dust due to corporate BS.

 

[ToxicBunny]

As i said in an earlier post, i do see everyone's points made here.

I don't want to give away my account, there is other games I like and play associated to that account.

For me personally (as i stated before) i am huge fan of the NFS series and i should have played a demo or something of the sorts before purchasing the game. I do understand the reasons EA put forth for not being able to "give the game away".

My argument is, I bought the product, i think its rubbish. I am sure someone else could get many hours of fun out of it. To me from a business perspective, surely it would be better for the lifetime of the product if EA made a legimate means of actually giving this product away ? Apparantly, EA would prefer to take the cash and really not worry about such things once the purchase has been made.

At the end of the day, it was my fault for making a stupid purchase (IMHO).

Oh well another DVD thats gonna collect dust due to corporate BS.

Actually just to be 100% clear.. you didn't buy the product, you bought a license to USE the product, and the terms of use remove your ability to resell that license of use.

 

[ciruis]

Actually just to be 100% clear.. you didn't buy the product, you bought a license to USE the product, and the terms of use remove your ability to resell that license of use.

Yes i am well aware of this. BRAVO !

It still doesnt make it right.

 

[ToxicBunny]

Yes i am well aware of this. BRAVO !

It still doesnt make it right.

Why isn't it right?

Its stated VERY clearly in the EULA, and this is presented to you before you install the game and link the CD Key to your account.

Again, you failed to read the EULA, therefore it is your own fault.

 

[spiderz]

/shakes head
Should have bought BF3 ...

 

[ciruis]

Why isn't it right?

Its stated VERY clearly in the EULA, and this is presented to you before you install the game and link the CD Key to your account.

Again, you failed to read the EULA, therefore it is your own fault.

Always a troll to be found in any given thread.

GO read my responses you banana.

If you did, you would probably find I agree with you.

@ spiderz - i have and thats why i don't want to give away my account

 

[ToxicBunny]

I'm trolling?

Really?... so pointing out your own idiocy is now trolling..


AWESOME SAUCE!

 

[ciruis]

and the thread gets de-railed.....

 

[darcos]

Getting a laugh at all the ppl giving you ****.

I would have done the same thing ciruis did, If I like the series, I will go buy the game, no questions asked. Situation sucks ciruis, but unfortunately, nothing you can do... I would burn (or throw at closest person/window) the game and just never buy a NFS (maybe even EA... but this is hard) game again.

 

[milomak]

Yes i am well aware of this. BRAVO !

It still doesnt make it right.

tbf you aren't explaining well why you think it is not right.

 

[ToxicBunny]

tbf you aren't explaining well why you think it is not right.

I'm very much guessing he thinks its not right because he's spent his money in an ill-considered fashion and is now unable to pawn off his unwanted acquisition because he hasn't bought a physical product, rather a license which is non-transferable.

 

[ciruis]

Okay last comment from me on this.

Yes i made a boo boo by not playing a demo to find out the game suckz (in my opinion) before purchasing the game (or purchasing a license to make use of the software as it seems to be pointed out so much). Yes I had to agree to the EULA which states the product is non transferable.

When i started this thread i was seeking a recourse to get my money back and after reading the repsonses it has become beyond clear that the fault is with me and not the retailer / Dev house. In which case i would simply prefer to give the game away to someone who would enjoy it.

Now from my point of view, i am simply saying (in my opinion) that regardless of the EULA i think EA's approach to lock you in to a product is stupid.

As i said before i did make the mistake of buying the game. Now that i have decided that it is rubbish and wish to simply give it away, i do not understand why EA (being the huge company they are) can not make provision for a such a situation (I.E transfer a product license to someone else). They could charge for such a service and make some moola off of it.

So in reality, that DVD i purchased (with the right to use the software) is going to be put on my shelf and collect dust. According to EA this is perfectly okay.

I see this as a missed opportunity on EA's part to make a secondary source of income out of the product (possibly fuel the second hand pc gaming industry).

Anywhoo, my last two cents worth.

PS: Thanks to all for the feedback regarding this (good and bad feedback is always constructive).

 

[JustinB]

Under the CPA 5 days to change your mind section it clearly stipulates that the item should not be opened and in the original packaging.
The moment you took the packaging off you lost that right to return.
If the game/disc was faulty then you have different rights.
However remember the comments above, The CPA doesn't speak to quality of product ie. if it isn't your cup of tea you cant invoke the CPA to remedy the situation.

You do not own the game, technically... you have paid for the right to use it yourself on a EA account. You cannot resell it under EA's eula agreement.
This is perfectly legal.....ethical? well the jury's still out on that one.

To the best of my understanding, the 5 day cooling off period (section 16) applies when an item has been direct marketed. As far as I can see there's no enforcement i.t.o. original packaging, it is just in the context of charging a reasonable penalty i.t.o. Section 20... I don't think its applicable when exercising the cooling off period, but I may be wrong.

Section 20 allows for returns where the product is delivery is made, and there is no opportunity for prior assessment of quality (also section 19(5)). In the context of software, I don't know how this would work, as quality isn't really determined by examining the screenshots on the box.

And also, a EULA or any other contract cannot make you waive your rights. So I would argue that if, as an example, BT Games/kalahari/Takealot sent me an email, advised me to pre-order, and delivered it to me on the day of launch - I believe I'm within my right to say that they should accept the return if I deem it of poor quality OR I wish to exercise my cooling off period. A reasonable penalty may be applied...

HOWEVER, Section 20 also says that if the product is permanently affixed or installed to something, then it cannot be returned... Is the linking of a key to a profile really permanent? Or more arbitrarily permanent?

But, I'm not a lawyer...

 

[Mr.CookieMonster]

As i said in an earlier post, i do see everyone's points made here.

I don't want to give away my account, there is other games I like and play associated to that account.

For me personally (as i stated before) i am huge fan of the NFS series and i should have played a demo or something of the sorts before purchasing the game. I do understand the reasons EA put forth for not being able to "give the game away".

My argument is, I bought the product, i think its rubbish. I am sure someone else could get many hours of fun out of it. To me from a business perspective, surely it would be better for the lifetime of the product if EA made a legimate means of actually giving this product away ? Apparantly, EA would prefer to take the cash and really not worry about such things once the purchase has been made.

At the end of the day, it was my fault for making a stupid purchase (IMHO).

Oh well another DVD thats gonna collect dust due to corporate BS.

EA Can't do that because PC Games can be EASILY pirated. Like I can buy the game, give to my pals to copy, pack the game back in the box and return it to EA and get my cash back. It will take years, centuries even before the PC Gaming industry can develop a system that makes PC Games 100% secure from copying

 

[StevenC]

People need to realise that the CPA doesn't protect you from yourself.

Best answer in a thread ever.

Sums it up really. You cannot return software under most circumstances unless unopened. Did you not read reviews before spending whatever obscene amount of money you paid?

I swear, working in a retail store just brings out the best in me when it comes to CPA stuff.

 

[eltherza]

Now from my point of view, i am simply saying (in my opinion) that regardless of the EULA i think EA's approach to lock you in to a product is stupid.

From your point of view it's stupid. From EAs point of view it's a good idea. It adds value on a few fronts:
1. You now have an account with EA. They've tied you in and [argueably] give you a service that will encorage you to like "EA" products, and be more readily to buy another EA product (although in your case, this will be the opposit). They know who you are, and can see what you are buying and adjust to make better games. It can be a good customer relationship platform.

2. You can lose you disk. People seems to forget the days when a single scratch would effectively make you unable to ever play the game again without buying new.

3. And the most imporant - it stops piracy.

As i said before i did make the mistake of buying the game. Now that i have decided that it is rubbish and wish to simply give it away, i do not understand why EA (being the huge company they are) can not make provision for a such a situation (I.E transfer a product license to someone else). They could charge for such a service and make some moola off of it.

No, EA wont do that for a while. It takes some developement costs, some extra managing... and imagine the customer relations nightmare that could come with it. From stories of "can you reverse my selling of a game" to the "I've been hacked and all my games are now gone?" Suddenly there is a very good reason to hack accounts, and now you have to worry about extra security. Who sets the price? Who gets paid... now they have finance issues.. what about FICA type laws in counties? How long before we pay, how do you add accounts to pay to and from - Imagine the rage when (because of FICA) everyone ELSE can sell games but you can't... It is really to much.

Not only that, you can get some people arguing "he bought it second hand for cheaper, but if that option wasnt there we could have got full price out of him"

It's a big cost, and complex too.

So in reality, that DVD i purchased (with the right to use the software) is going to be put on my shelf and collect dust. According to EA this is perfectly okay.

Yip. Welcome to the new digital world. It's something you'll need to learn to live with. We all have to agree to some rules and those are EAs rules. As they say, if you dont like it - vote with your wallet and don't buy EA.

 

[sajunky]

Most PC games cannot be returned because of the CD Key issue[...]You can try and file a complaint EA on the CPA, but im not sure if the CPA will do something about it.

Of course it is not compliant. Current cellphone contracts are not compliant and what happened? It is easy to create law, more difficult to implement it. At least you can complain and give lawmakers some work...