How can SE compensate?Follow

A lot of degrees have you working hard though. A creative writing class with an insane teacher can do that. That doesn't mean you're a guru of knowledge. But I will consent that law is pretty complex, as are economics, business, accounting, finance, history, math, geology, biology, chemistry, programming, etc... (if you get the picture). Generally (GENERALLY) anyone with a degree or high level of technical expertise will understand the complexities of issues, or at least respect them if they don't fully understand them.

That doesn't people won't get mad or have a limit to which they'll then get mad. =)

I wouldn't ask for "compensation" for the many, many hindrances to accessing our product, but we'd better sure as heck have access to at least one free server transfer after the launch time frame has ended.

Just give EA players an in game item, such as 1k gil each. Will prolly shut up the whine for a week.
Complicated issues can be resolved by a silly gift.
Worthless, but enough to keep the joy, maintain peace, and mae the world a better place

SE definitely will need to do something. You can't sell a preorder item for early access and then people are unable to play. They're going to have to build in some free play time or SOMETHING for people who preordered. They're already doing the community a disservice by constantly failing at the FF MMO titles.

I wouldn't say 'feel sorry' but I empathize with the situation they're in. Both ends of the stick, players and company, are getting the short end on this gambit, but SE will suffer far worse in the long haul over the hiccups the past two days.

My question: Why? I mean, just why? It's early access and **** happens. If this is what the entire first week is, then I can see them starting to offer up something. But even then, they don't have to. Everyone agreed to the fact that downtime can, does and will happen. Any compensation is just PR.

To your point, Legacy Status and it's monthly discount is also PR. They didn't have to do that.

I'm fine not being compensated. I understand these things will continue to happen to most every MMO upon their releases. BUT, if I were being truly selfish about it, EA was an advertised incentive for SE to get my money months before they could even offer me the product. In that regard, I am indeed losing something I paid for. I'm ok with it like I said. Sometimes I want to bake cookies for my IT guy and just say "Thank You" with a shoulder rub. But there is a minor complaint here. Some people are just flipping out a little too much over it.

Actually, it is considered a bonus feature. Bonuses are not actually a part of the purchase price, they are incentives for a pre-order. They can be removed with no compensation whatsoever, as you are not purchasing that item. Now if you ordered at a higher price and quite literally paid for an item, you'd have a point.

Medieve, your zeal is admirable but your argument circular, anecdotal and ad hominem. How about some precedent where a contractual hold harmless agreement was enforced against a claim of reasonable commercial expectation? In my state the courts are sympathetic to screwed citizens and actually almost eager to ignore unfair contract provisions, especially where such a small amount of money is at stake. $30.00 would pay for two months' subscription, thank you very much.

Except that there's nothing unfair about such a contract provision (assuming you're referring to the one that Pawkeshup quoted). In fact, it could easily be shown to be very much the de facto standard across the industry/market in question. Further, when you say "screwed citizens" I assume you're referring to cases in which things like roof collapses due to shoddy workmanship occurred, or where someone paid for a physical item and it was not received in the condition in which they expected it, or something of that nature.

But hey, links to relevant entered judgments are always acceptable and I'd be happy to take a peek at such a link.

The issue is narrow - ignore my (and others') colorful argumentative characterizations - here's the question presented: Whether a contractual hold harmless agreement can be enforced against a claim of reasonable commercial expectation. 30 minutes in Am Jur or WestLaw or your favorite research tool and you'd being writing your opposition to SE's Motion to Dismiss. And um yes I do know what I'm talking about lol. No charge.

Here's Blizzard's

http://us.blizzard.com/en-us/company/legal/wow_tou.html

Warranty Disclaimer.


Blizzard warrants that the media containing the Game Client shall be free from defects in material and workmanship for a period of 90 days from the date of your purchase of the Game. In the event that the media containing the Game proves to be defective during that time period, Blizzard will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money when you present Blizzard with proof of purchase of the defective media. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. THE GAME AND THE SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND BLIZZARD DOES NOT WARRANT THAT THE GAME OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLIZZARD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. The entire risk arising out of the use or performance of the Game (including without limitation the Game Client and manual(s)) remains with you, the user. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

It's the only mention of "Interrupted" on the page, I'm not interested more than that to see if there's a specific section for "No we don't owe you **** if the game goes down"