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AusGAF 9 - F*** Off, We're Full (Of People With Different Ethnic Backgrounds)
- Thread starter Kritz
- Start date
reptilescorpio
Member
From the Australian Consumer Law in Sch 2
Let's tear them to shreds.
(A)- Ha. Gimmie back my games.
(D)- You retain the right to change the ToU at any time? Nope.
(G)- So you want to rid the PS3 of its ability to install linux? Not on my watch. (Law isn't retrospective but yeah if they try any of that stuff...)
(H)- Oh what's this? You're not going to give me a chance to defend myself and interpret what 'cheating' means. This could go to use of things like SweetFX and stuff that could be construed cheating. They at least under this clause have to give you a hearing.
(K) - Steam's stupid class action waiver gone.
EDIT: This isn't all they could be caught under but it's a start. These are also just examples, a Court really has the discretion to decide on a case by case basis.
25 Examples of unfair terms
(1) Without limiting section 24, the following are examples of the kinds of terms of a consumer contract that may be unfair:
(a) a term that permits, or has the effect of permitting, one party (but not another party) to avoid or limit performance of the contract;
(b) a term that permits, or has the effect of permitting, one party (but not another party) to terminate the contract;
(c) a term that penalises, or has the effect of penalising, one party (but not another party) for a breach or termination of the contract;
(d) a term that permits, or has the effect of permitting, one party (but not another party) to vary the terms of the contract;
(e) a term that permits, or has the effect of permitting, one party (but not another party) to renew or not renew the contract;
(f) a term that permits, or has the effect of permitting, one party to vary the upfront price payable under the contract without the right of another party to terminate the contract;
(g) a term that permits, or has the effect of permitting, one party unilaterally to vary the characteristics of the goods or services to be supplied, or the interest in land to be sold or granted, under the contract;
(h) a term that permits, or has the effect of permitting, one party unilaterally to determine whether the contract has been breached or to interpret its meaning;
(i) a term that limits, or has the effect of limiting, one party’s vicarious liability for its agents;
(j) a term that permits, or has the effect of permitting, one party to assign the contract to the detriment of another party without that other party’s consent;
(k) a term that limits, or has the effect of limiting, one party’s right to sue another party;
(l) a term that limits, or has the effect of limiting, the evidence one party can adduce in proceedings relating to the contract;
(m) a term that imposes, or has the effect of imposing, the evidential burden on one party in proceedings relating to the contract;
a term of a kind, or a term that has an effect of a kind, prescribed by the regulations.
Let's tear them to shreds.
(A)- Ha. Gimmie back my games.
(D)- You retain the right to change the ToU at any time? Nope.
(G)- So you want to rid the PS3 of its ability to install linux? Not on my watch. (Law isn't retrospective but yeah if they try any of that stuff...)
(H)- Oh what's this? You're not going to give me a chance to defend myself and interpret what 'cheating' means. This could go to use of things like SweetFX and stuff that could be construed cheating. They at least under this clause have to give you a hearing.
(K) - Steam's stupid class action waiver gone.
EDIT: This isn't all they could be caught under but it's a start. These are also just examples, a Court really has the discretion to decide on a case by case basis.
I know there was some very serious submissions made to the parliament when these laws were debated around the idea that these sorts of provisions were only really there to be used against troublemakers and not really there to be used against honest contractors. (This was more with regard to mobile phone and gym contracts).
I believe that if you've paid over 3k for games (not unlikely) and you get banned unfairly you'll be able to sue no problem. The burden would fall on them to prove cheating.
If you're legitimately cheating I'm less sure but I still think that Microsoft could only ban you from their online but could not completely stop you using your games, even your single player games. They have a pretty good argument that you're destroying the integrity of competitive games.
If you get banned for other trivial nonsense I doubt that would give rise to a good reason for termination. Especially neon avatars and the like.
American law dudes, yeah. Lawyers can be wrong too you know.
They only really tailor their ToU for their NA markets and assume it applies to the rest of the world. No doubt they'll argue jurisdiction if someone tried to sue them but that's a bad argument and they'd get floored. (You're selling to Aussies you gotta comply with local laws, otherwise they wouldn't bother not selling RC games and paying GST, which they comply with..)
I believe that if you've paid over 3k for games (not unlikely) and you get banned unfairly you'll be able to sue no problem. The burden would fall on them to prove cheating.
If you're legitimately cheating I'm less sure but I still think that Microsoft could only ban you from their online but could not completely stop you using your games, even your single player games. They have a pretty good argument that you're destroying the integrity of competitive games.
If you get banned for other trivial nonsense I doubt that would give rise to a good reason for termination. Especially neon avatars and the like.
American law dudes, yeah. Lawyers can be wrong too you know.
They only really tailor their ToU for their NA markets and assume it applies to the rest of the world. No doubt they'll argue jurisdiction if someone tried to sue them but that's a bad argument and they'd get floored. (You're selling to Aussies you gotta comply with local laws, otherwise they wouldn't bother not selling RC games and paying GST, which they comply with..)
PM a link when you are done?
that's really dumb
Well kind of. There's a provision that usually says something to the effect that it applies to the maximum extent it can under the law.
(Not really a required clause because that's how any non-lunatic Court would interpret an agreement)
And in all honesty, MOST of the terms do apply as they would in the US.
Against it's only the outliers that are really the problem. Selling digital content is fine. No issues. Tying it to all one account is fine.
It just gets hairy when they try to take away your rights to purchased goods.
FormallyMegadrive
Member
Anyone want to send me free PS1 and N64 games? I'm too poor too buy them. :-(
I like the ps4 interface. A lot.
I like the ps4 interface. A lot.
reptilescorpio
Member
I like free games.
ALSO I WOULD KILL EVERYONE ON THESE BOARDS FOR A DROP OF SWEET SWEET BEER
ALSO I WOULD KILL EVERYONE ON THESE BOARDS FOR A DROP OF SWEET SWEET BEER
dishwasherlove
Member
Alcohol > Videogames. Alcohol + video games on the other hand... . Although sometimes that combination produces the Mana Bar and we know how that turns out. Weird.
but you've got that wiiu now man!
reptilescorpio
Member
I CANT DRINK THIS DUSTY FECKING WIIU SLDOSDNFOHBASOHDF
reptilescorpio
Member
Hawaii -> Seattle -> Down the west coast highway to San Fran -> Around the rockies and Grand Canyon -> LA -> San Diego -> Across to Arizona -> Texas -> New Orleans -> Florida -> DC -> New York -> Boston -> Niagra Falls -> Chiago - Home!
EDIT: Trip may or may not include lots of begging for jobs at 'big law' firms around the country.
That's a pretty damn good list. Have you been down the west coast before? I recommend getting a half decent car and driving old highway 101 if you get the chance. I'd skip San Diego and Florida, but that's just me.
Never been to the States before. Route 101 is the plan with a (hopefully half decent car) I'm going to San Diego specifically for Comic Con.
Why would you skip Florida? I have a friend in Orlando I want to catch up with.
To be honest I really want to explore all the little dwellings and shires in between the big cities. Small town America just seems really charming to me. Especially in the South (Not THE SOUTH, just the south of the country, although everyone I know who's been to the deep south says it's really lovely)
Jables Swan
Member
Mmmmm beer. Hope Soho has the heater on for us though.
remember to beg one for jintor too!
Well, if you have a friend in Florida, you should go. I would skip it because outside the Keys it doesn't really offer anything that isn't better somewhere else.
101 is amazing, if you can though try and check out some of the historic 101, they moved a lot of it inland a few decades ago, but some of the old sections are still legal roads. In Oregon it goes through the town my grandma lived in, so I'm a bit partial to that piece of road
North Oregon (if you can put up with the bullshit shopping towns that stretch for 20 miles at a time) and North California are both particularly awesome in stretches. Anyway, sounds like it will be an awesome trip, bloody jealous!
If you are a straight seeming white person who does not insult religion or the Southern way of doing things, the South is amazingly friendly. I lived in Georgia for a while, went over to Louisiana a few times and down to Fla as well.
Small towns over there can be pretty awesome as well, just don't expect them to take kindly is you even lightly mock any single thing they do. Small town law enforcement can be a bit shit sometimes as well. But on the whole individual Americans are some of the friendliest people out there.
Well my parents are mixed Turkish/Greek heritage. I could easily be taken to be from the Middle East even though I'm not technically Muslim. Is this really going to be a problem? I assumed the whole racist shtick was overblown?
I was born and bred Australian in culture and temperament though. I dont have any interest in mocking anyone I just want to enjoy and experience their culture.
codswallop
Member
Arksy that holiday sounds awesome. Make sure you keep us up to date! In my holiday news, I didn't have beer yesterday. Holiday ruined.
Met up with some friends yesterday though who took us to El Escorial (where tons of Spanish royalty are buried, and given how wealthy Spain used to be, there's a lot of money in the place) and Avila which is a cool walled city. We're off to Segovia today if I can bother getting out of bed.
Had some tapas the other night. Included potato patty things which were amazing, as well as gazpacho with jamon, prawns, croquettes which were all great too.
The best thing about Europe over the middle East and Africa (and China a few years back) is that we're not constantly being stared at and having photos taken of us.
Met up with some friends yesterday though who took us to El Escorial (where tons of Spanish royalty are buried, and given how wealthy Spain used to be, there's a lot of money in the place) and Avila which is a cool walled city. We're off to Segovia today if I can bother getting out of bed.
Had some tapas the other night. Included potato patty things which were amazing, as well as gazpacho with jamon, prawns, croquettes which were all great too.
The best thing about Europe over the middle East and Africa (and China a few years back) is that we're not constantly being stared at and having photos taken of us.
You'll be fine. Mixed race is fine, black is mostly fine, it was more Mexican and non Christian religious types that copped shit when I lived there, that was back in 96 though, might be different now. Just say you are from Australia, and all will be well. They tend to like us over there, GAF notwithstanding.
I tend to over worry about these things, being the whitest white person that was ever white, so don't worry about it. You'll have a great time, that itinerary is pretty fucking awesome.
shanshan310
Member
Well the last of us was amazing. I'm beat. Tonight seems like the perfect night to relax with cider.
Awesome. Glad to hear it.
My biggest concern about the States is actually getting morbidly obease while I'm over there. I'm already slightly overweight.
Maple Bars. Eat one, then run as fast as you can. Horrible delicious sugary heavenly torment of hell.
Edit: Isn't there another American AusGaffer? Teekun? Maybe they can offer some more recent information and travel ideas.
ClivePwned
Member
Planet_JASE
Member
Tip for everything (if I'm to believe Off Topic's general opinion) or you're the world's biggest arsehole orphan killing bastard scumbag shitfister neoHitler puppy strangler.
Also, I don't drink beer so I'm spending my night just pouring a carton down the sink. Ooooh, bubbly!
Also, I don't drink beer so I'm spending my night just pouring a carton down the sink. Ooooh, bubbly!
roosters93
Member
Christ this motherboard is tiny:
Honestly though, thats all I need, all I have is a graphics card >.< but graphics cards are too damn big these days...
Ah dammit. I was growing a thin beard, looked decent even.
Haha. Well our families history is..complicated....more Turkish than Greek though.
ClivePwned
Member
shave the beard if you're at all worried about any form of profiling. Even then, please let us know if you get through Aussie airports without being briefly pulled aside for some form of extra security check.
Have a good trip. Screw the haters, the US is awesome to visit.
best way to road trip
http://youtu.be/lvRjFvX_n0o
Planet_JASE
Member
And comes with a bloody weird pack-in, too.Christ this motherboard is tiny:
You know. I've always been worried about racial profiling but I swear to god everyone ignores me for some unknown reason.
6'3, 105kgs, Dark Mediterranean guy.
Never been stopped at all.
You have the approachable demeanour of a comedian, nobody would ever want to stop you!