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05-23-2012
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Banned
Join Date: Apr 2012
Posts: 217
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Winter, although you've done a good job trying to undermine an idea that would greatly benefit Graal, your position is misplaced. In the United States, it is well-established that ignorance of the law is no defense. Although all the laws are published in case law, statute, or ordinance, citizens do not need to be specifically informed of the laws to be bound by them. But in software land, things are quite different. Terms of service are principles of contract law, and you can't be bound by terms of a contract for which you did not have notice. For example, in exchange for using iTunes, Apple makes you agree to their terms. They stick the terms in your face and make you click that you have agreed to them. Whether you actually read them is irrelevant because you had the opportunity to read them. Now, if Apple never told you about those terms and merely placed them in some section of their website, they would most likely not be enforceable. There is no such mandatory requirement of agreeing to the terms on Graal. You posted a link to some purported terms. Whether these terms are even enforceable remains to be seen as no one has ever apparently agreed to them or even knows about them. In a contract of adhesion, it is not the party's responsibility to seek out any terms that might apply. These need to be disclosed up front. Also, these purported terms don't even address the specific offenses that were the topic of this thread. For example, where do they address all the blocking rules and exceptions that I talked about? Where do they address the new guild pic rule? They are massively vague, which is not surprising as they were first written for PC GRAAL and have not been updated since January 01, 2003. They certainly were not written with any regard to Classic. |
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05-23-2012
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32 |
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Join Date: Aug 2011
Location: napping
Posts: 1,381
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Bin, you prove a valid point relating to the original topic discussion. You are correct in noting that this specific server never had anyone agree to any rules or terms of service. This is a problem I, as well as all other posters on this thread, have not mentioned. So yes, I believe this is a major problem that should be corrected. No, simply publishing the rules on the server will not solve this problem. When creating an account on Graalonline.com, you are prompted to accept such terms of service before the account is actually created. You are correct to remind all of us that the iPhone servers are the only servers that have never had this prompt implemented. I think it should. It is still the same company, after all. In fact, I think the next time players log on, they should be prompted with the terms of service and an agreement box to check. New players will be prompted on their first visit to the server. This protects the company as well as players. A serious problem like this should go straight to administration immediately. In quoting the fact that the document has not been updated since 2003, you seem to believe you have proven the point that it only applies to PC servers. I can be quoted that the manager of both a PC server and an iPhone server have redirected me to the same page. Just because the document was not updated since 2003 does not mean that it does not still apply to servers created in later years. Rather, it just means that the rules and regulations have not changed or needed to change since 2003. It still applies to all servers under the control of Graal. No cannot find evidence of any other possible explanation regarding which server the page applies to. Also, the copyright claim on the same web page specifically says 2012. (Copyright © 1998-2012 All Rights Reserved.) You cannot argue that the company has neglected its own rules and regulations for 9 years without thorough proof. Through your good reasoning, this is the only flaw I see in your post. In response to your issue regarding blocking as a "new law", I believe in a sense it can be labelled an "unfair advantage". I am not a Graal Police member, but if someone blocks my way to a door that should be publicly accessible, I would report the player for limiting the experience of the game for other players. I believe the GP would then follow standard procedure listed on the rules of conduct page. While the word "block" never occurs in any official rules, it is not only implied to sensible players, but I have reason to believe it falls under a more general category of infraction mentioned somewhere in there. To sum up, I point back to my first paragraph, attempting to direct attention towards the problem that players should be prompted to agree to terms of service before playing Graal. They must do it on PC servers when initially signing up, and while the terms of service still apply to the iPhone servers, players are never prompted.
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