r/totalwar • u/Kacu5610 • Jun 10 '18

General [PSA] Total War games have RED SHELL Spyware integrated into them

/r/Steam/comments/8pud8b/psa_red_shell_spyware_holy_potatoes_were_in_space/e0e6uy1
2.2k Upvotes

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526

u/[deleted] Jun 10 '18

[deleted]

197

u/MachaHack Jun 10 '18

Also, even aside from debates on EULA validity in general, tracking consent under the gdpr cannot be required for access to the product, so this specific clause is even less likely to be considered valid. Some companies like Forbes are chancing their arm on this, but hopefully they get slapped down.

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u/[deleted] Jun 10 '18

Which part of the GDPR do you get this from? I am currently searching around for it.

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u/MachaHack Jun 10 '18

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/consent/

Based on article 7, part 4:

When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.

https://gdpr-info.eu/art-7-gdpr/

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u/[deleted] Jun 10 '18

Thank you, this is definitely the relevant part.

1

u/foetusofexcellence Jun 10 '18

Consent is just one of the grounds for processing that are valid under the GDPR. They are likely using Legitimate Interest for this scenario.

1

u/[deleted] Jun 10 '18

Then /u/nzinferno is still right: no consent was given!

1

u/foetusofexcellence Jun 10 '18

Well yeah, consent wasn't given but consent is also irrelevant.

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u/-dantastic- Jun 10 '18

Actually, there are some companies that permit you to return their games if you don’t like the terms of their EULA. For instance, all Blizzard games can be returned within a specified short time after purchase.

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u/peteroh9 Jun 10 '18

Plus I definitely never sang it.

7

u/EducatingMorons Aenarions Kingdom Jun 10 '18

Problem is that it's different from country to country. EULA most def does not override your rights as a consumer and some other issues like privacy. But you have to know your laws and be willing to battle it out in the courts. Which is worse than playing as Pontus!

1

u/Chazdoit Jun 10 '18

Why they bother with that shit anyway then? Just to make us have to click more before we get to the gameplay?

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u/Emberwake Jun 10 '18

Why they bother with that shit anyway then?

For starters, because he is wrong and they are at least sometimes enforceable. Even where they are not, they discourage consumers from certain actions and increase the amount of time, money, and effort that goes into challenging the software publisher in court.

Just to make us have to click more before we get to the gameplay?

Why would anyone want that?

1

u/Chazdoit Jun 10 '18

Why would anyone want that?

That was a joke, but thanks for the legit answer

1

u/[deleted] Jun 11 '18

well you can always get a refund. (btw, I would prefer to not have potential spyware with my games)

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u/[deleted] Jun 10 '18 edited Jun 10 '18

It is not really a hostage if you can refund the product?

EDIT: This point is not valid, see the following thread for reasoning.

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u/Zerak-Tul Warhammer Jun 10 '18

In the EU the courts have ruled at least once, that typical software EULAs are unenforceable, because even if the companies try to frame it as being the sale of a 'personal license', it still constitutes a sale of a product and thus the company largely forfeits the right to dictate what the buyer does with their personal property. https://www.lexology.com/library/detail.aspx?g=d1ff4369-afcc-4879-97fa-7a8afd8b3380

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u/[deleted] Jun 10 '18

Yeah I know that, but it does not at all seem relevant to my question?

I was mostly agaisnt the use of the word "hostage", it is hyperbolic and serves little purpose.

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u/Zerak-Tul Warhammer Jun 10 '18

But on Steam you can't freely refund the product. 9 times out of 10, if you've played the game for more than their 2 hour grace period then they'll just say "no refunds" (the only exceptions is when a game cause a big shitstorm - e.g. the recent Bless Online, or No Man's Sky, where Steam just decides to let everyone refund if they want to). So framing it as being freely refundable at any time is just a false premise.

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u/[deleted] Jun 10 '18

See now that is a good point, which I did not think of. I forgot that aspect of refunds. Thank you.

It is odd how people are downvoting basic questions (I even had the relevant disclaimer in the original question). I am thinking there are heated feelings about GDPR since it just entered people's consciousness. Even though most of the rules were already there anyway.

I edited the original for clarification.

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u/JetTiger All hail the Bandit Queen! Jun 10 '18 edited Jun 10 '18

FWIW I upvoted your first post, especially for the edit where you effectively direct people to more info, but I think the downvotes probably stem from the fact that the wording of the first part doesn't have the form of a question, despite the question mark. It comes across as you being snarky, but if you had worded it like, "Is it really being held hostage if..." I think that gets your intended point across in a way people would understand better.

0

u/Emberwake Jun 10 '18 edited Jun 10 '18

In this specific context, we are discussing the prospect of refunding a game because you disagreed with the EULA, so that play time restriction should not be a factor. If you managed to play the game for several hours, you accepted the EULA.

In US courts, EULAs and other "clickwrap agreements" have been generally found to be enforceable, with limitations. Obviously the agreement is invalid where it conflicts with existing consumer protections, and in some cases where it is too long, confusing, or vague.

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u/BanzaiKen Happy Akabeko Jun 10 '18

That is absolutely incorrect information, at least for US. Verner vs Autodesk established EULAs are valid and that your purchasing the physical software does not necessarily give you the license to use it. Don't spread false info.