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"Take their money and run" is one of those standard operating practices in big tech that I think obviously needs legislation to curb. Once you start looking, yo
by 015a 5y ago
"Take their money and run" is one of those standard operating practices in big tech that I think obviously needs legislation to curb. Once you start looking, you see it everywhere; whether its movies on iTunes, books on Kindle, or costumes in Fortnite. If you break their ToS, they're allowed to cancel your account, without recourse, and take away all the content you purchased. Its especially egregious in gaming, where a false accusation of cheating can cause your account to disappear; and because there's a "guilty until proven guilty" stigma against cheating, by-and-large gaming company support teams will not help. They'll auto-ban accounts, hardware signatures, even IP addresses.
Content providers should have the right to cease service to customers who don't abide by their terms. I don't feel that's unreasonable. But, consumers need recourse for the monetary investment. I'd strongly support a law worded something like: Digital service providers who sell transactional content & goods must either (1) offer the goods in an exportable, unencumbered, similarly accessible & functional format, or (2) at the time of service-provider initiated account termination, for any reason, reimburse the user for the full cost of goods purchased.
Many companies would argue: "we don't have the money anymore, we had to pay rights holders." I'd respond, that sounds like a You problem, and maybe you should consider clause (1). "The rights holders won't go for it"; again, that's a You problem. Work it out, or lose money; that's what consumer protection laws are for. They're not to protect your revenue streams.
Some gaming companies would be especially hurt by this, because of the prevalence of blank-check anticheat enforcement and their general inability to meet clause (1) due to the latest Fortnite cosmetic not really being "equally functional" outside the context of Fortnite. Well, I'd first respond: Your reliance on unjust business operating practices is a You problem. But more critically: maybe this will be the kick in the butt these companies need to invest more heavily into more accurate & functional anti-cheat, better customer support, and even new innovative revenue models. I've long felt that gaming has underutilized subscription services, and preyed too heavily on "free to play, pay $100 for the cool stuff later". Battle passes are kind of like a subscription service, and if the terms & expectations of the purchase are rephrased to be more service-like, rather than transactional-like, its reasonable to me that those should escape the law.
The best argument against a law like this is: consumers can, of course, break a company's terms at any time they wish. Most choose not to. But if they wanted to, the purchases with a content provider become something like a bank account, which they can utilize as they wish for as long as they wish, then get a full refund. Response: First, I think this should drive companies to clause (1). There's an out; you just need to work with the rights holders and accept that piracy will happen whether or not you try to control it. Second, again I think it comes back to mixing metaphors; Fortnite sells Goods, but they're only functional within the context of the Fortnite Service. Maybe they should sell the Service, and include the Goods. Third, this is a gap that insurance feels well-suited to help cover. Fourth, I think this would drive more companies to better KYC, so if anyone pulls this, at least they can only pull it once. That's not a bad thing.
The point should be to align what customers expect with what providers sell. If Netflix cancels your account, it sucks; but you don't feel slighted. It was a service; you understood that if you stopped paying, the service goes away. In comparison, the goods Apple sells (Apps, Movies, Books, etc) feel a lot more like going to the DVD isle in Best Buy; and its not ok that companies are allowed to slight customers like they do.
- smsm42 5y agoWhat you don't seem to realize here is that various app stores, etc almost never sell you any content. They sell you a temporary revokable right to access content. It's like a movie theater ticket, with an added bonus of ushers being paranoid assholes that could kick you out any moment without a reason. You don't own the movie, you can just watch it, if you're lucky. If you think that service isn't worth the price - tell them that, loudly, and use other options. But as long as millions of people are ok with it, they're not going to change - they have no reason to. If people treat temporary right to peek at the goods as goods being sold to them - why not enjoy it?
- jquery 5y agoReally? When I buy a steam game, the big green button says “purchase”, not “receive a temporarily revocable right to access”. It’s the digital age. My digital items are my possessions. This dichotomy in your head between the “real” and the “digital” doesn’t exist for the younger generation. There are few alternatives to these large tech companies. As I’ve gotten older I’ve wisened up and I buy DRM-free digital goods where possible (because of people who think like you, that big corporations need to be protected from the little people and not the other way around)… but before I got wise, I built up quite a large steam, Apple Books, and Kindle library (all of which call what we are doing “purchasing”… heads they win tails we lose).
- grog454 5y ago"It’s the digital age. My digital items are my possessions. This dichotomy in your head between the “real” and the “digital” doesn’t exist for the younger generation." That's a weird way to put it. It may not exist "for" someone, but as you seem to acknowledge, it exists "for" numerous corporations and legal systems which even those someones are subject to. I thought this was the primary purpose of NFTs. An NFT physically cannot be revoked without the permission (coerced or otherwise) of the holder, or a fundamental problem in encryption. And just so other people don't get confused by this pretty misleading hyperbole: " The Content and Services are licensed, not sold. Your license confers no title or ownership in the Content and Services. " source: https://store.steampowered.com/subscriber_agreement/ https://store.steampowered.com/subscriber_agreement/ No judge is going to weigh what the "buy" button omits over what the EULA actually states. If anyone has an example of a digital content service with an EULA that DOESN'T contain this kind of verbiage I would be fascinated to see it.