Hi Ronald,
what's usually being overlooked is the fact that IMHO legally, the right to
race on WON isn't part of N4. It doesn't say on the N4 box that racing on
WON is a feature of N4. I.e., the ability to race on WON isn't part of the
non-verbal purchase contract you agree to by buying N4.
Hence, the EULA doesn't affect this banning issue, as the conditions you
agreed to when buying N4 didn't contain WON. Therefor, there's no way of
making legal claims if anyone gets banned from WON.
Apart from that, if Papy doesn't ban you for one strange incident, but
creates a track record of suspected wreckers, I'm fairly sure that if a
wrecker would sue them he'd have no chance. Even if WON were something he's
entitled to, all the guys he wrecked are entitled to the same, and he's
greatly impeded their use of the product.
By wrecking them, he's also violated the terms of use of WON (at least very
much so since the terms of use of WON - Message of the day - contains a
clear statement that wrecking isn't allowed), and all Papy did was making
sure the other buyers can use the product as intended.
Maybe one could even sue wreckers, on the premises of harassing others, of
causing mental stress, or even physical damage. What if someone got
momentary heart probs out of anger because he got wrecked? :-)
Achim
> > "B. Hilton"
> > > actually they are looking into this and taking it seriously...
> > I am sure they are, but I am also confident that the huge EULA that is
> > inlcuded with the purchase of every copy of N4 will cover their butts.
The
> > moment you open the box and Install the product, you are agreeing to
abide
> > by the EULA. I wouldn't be suprised that buried somewhere inside the
EULA
> > is a phrase that refers to something like the following. "we reserve
the
> You mentioned "burried". That's exactly the reason, EULA agreements are
> worth...nothing. You didn't agree to it before buying the product, so
> it's not in effect, at least in most European countries.
> <I just hope, this is not just an urban myth... ;) >
> --
> l8er
> ronny