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Confirmed.

The day has finally come and the holy grail of classic gaming has arrived on GOG.com. Welcome, Lucasfilm games! You are among friends, here! We're proud to announce our team-up with ©Disney Interactive that allows for the DRM-free release of 20+ classic titles from the cult-classic developer. We know you waited long for this moment, so we want to reunite you with those golden oldies with as little delay as possible. Today, to start with a bang, we are releasing a selection of 6 acclaimed titles from Lucasfilm's most famous gaming franchises, so that the Lucasfilm/Disney catalog on GOG.com is made impressive from day one. Here are the great titles you can get right away:

<i>Star Wars</i>&trade;: X-Wing Special Edition - digital distribution debut, on GOG.com!
<i>Star Wars</i>&trade;: TIE Fighter Special Edition - digital distribution debut, on GOG.com!
Sam &amp; Max Hit the Road (Windows + Mac + Linux!) - digital distribution debut, on GOG.com!
The Secret of Monkey Island&trade;: Special Edition
Indiana Jones&reg; and the Fate of Atlantis&trade; (Windows + Mac + Linux!)
<i>Star Wars</i>&reg;: Knights of the Old Republic

Note that numerous Lucas titles, including 3 from the launch lineup (Star Wars®: X-Wing Special Edition, Star Wars®: TIE Fighter Special Edition, Sam & Max Hit the Road), are available digitally for the first time ever, ready to play with no fuss on modern operating systems. With more fantastic titles headed for our Lucasfilm/Disney catalog, you can expect to see Lucasfilm games popping up frequently on GOG.com in the coming months.

(C) & ™ Lucasfilm Ltd. All rights reserved. Used under authorization. STAR WARS, INDIANA JONES, SAM & MAX, MONKEY ISLAND and all characters, names, and related properties are trademarks of & (C) Lucasfilm Ltd. and/or its affiliates.
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johnnygoging:
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ShadowWulfe: The concern is certainly valid, though I gather that it's not likely to be too much of a problem.

That Disney is selling DRM-free at all is shocking, and I imagine they wanted to go a little overboard on the contractual TOS due to fear of the DRM-free circuit. I imagine as long as GOG keeps bringing in the buckets of cash and proving how much of a waste of money the DRM restrictions are, things should be fine.
And really, are Mickey and Luke going to come to my house and forcefully uninstall the games should I break one minor point of the EULA?

I think not, though I'd probably ask for autographs if they did. And some photos. And try to get Luke drunk on margaritas so we could mess with the neighbors via unsanctioned use of the Force.
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agogfan: and all three Indiana Jones movies ;)
I see what you did there...
Post edited October 29, 2014 by HereForTheBeer
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ShadowWulfe: Just chillax. Disney knew what they were signing into with DRM free. They're taking a big step for their corporation, the least we can do is to not abuse their trust.
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TheJadedOne: What's with this stupid attitude?

What's wrong with saying the (non)terms they are offering are unacceptable? What would be wrong with Disney modifying the terms of use such that they no longer reserve the legal (even if not practical) ability to unilaterally change the terms of use on us after sales are made? What's wrong with asking Disney to actually behave in a respectable and honorable fashion instead of the bullshit they currently have in their terms of use? If Disney refuses, then that says a lot about Disney's real intent - that they really intend to reserve that right, and the only reason to reserve it is to be able to use it.

And what's wrong with warning people that they probably shouldn't agree to contracts where the other party can change the terms at any time? Do you think the opposite (recommending people make such agreements) is sound legal advice?
I don't know how it works under the common law system, but here in Italy these terms are sketchy at best.
As someone already pointed out, the terms indeed allow Disney to do any kind of change they want unilaterally, yet the terms recognize that, (i quote): "NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.".
The italian law is very protective of the customer in such transactions. We have had cases of our Court of Cassation, which is the highest court in Italy, declaring modifications of hardware and software like, for instance, removing software limitations by modifying game consoles to be PERFECTLY LEGAL because the buyer is the legal owner of an object, after buying it, and can dispose of it any way he wants.
Also, i aknowledge that you wrote that you wouldn't discuss any argument about how Disney won't take any serious measures against anyone, yet it's very very unlikely that they will. You can refuse to discuss the matter, but it won't change the fact itself, therefore is in every right of other Gog users to dismiss your worries as inconsistent if not borderline paranoid because of that.
I think your criticism is understandable and it's definetely an interesting subject of discussion, and i guess that most people here would agree. What you are failing to understand is that, while your reasoning may be perfectly sound, THE WAY YOU ARE EXPRESSING IT is definetely exaggerated. We can easily discuss the matter in a calm and collected way without going all Don Quixote over Disney.
Post edited October 29, 2014 by Shendue
Instant buy all of the games and hope the revenue generated will be enough to convince them to sell old movies here DRM free......
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PaladinWay: the terms of service agreement required makes these games unpurchasable.
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mobutu: I'll just say it it again, they can't do jack shit with their tos on a drmfree game/license/whatever.
DRM-free is the software running on your computer not containing code intended to restrict your usage. The domain of DRM is your computer.

EULA, terms of service, and license agreements are a form of contractual document which outlines the legal rights and responsibilities. The domain of a contract is the law/judicial system which has not been strongly tested in the US as companies have a large incentive not to allow it to be tested and tend to settle and/or drop lawsuits instead of allowing a court ruling to be made.

The EULA for software containing DRM generally includes your permission for whatever the DRM does. The EULAs for EA & LucasFilm games on GOG have their wording adjusted a bit to not be giving your permission to install DRM but to state that you are not allowed to interfere with any included DRM (so basically a null clause for the game purchased on GOG, but not necessarily if purchased elsewhere).

DRM is the means in which many software companies attempt to restrict or remove your rights. EULA/TOS/license docs are the means by which they claim legality for violating your rights. They're related, but not identical, and the lack of DRM does not protect a consumer from a bad EULA (just makes it a bit harder to be noticed/enforced by the vendor).
low rated
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CharlesGrey: You know, your first post was remotely interesting, and I didn't really agree with people down-voting it. But at this point you're just being annoying. What exactly are you hoping to achieve here?
1. To warn others. (And towards this end many of the follow ups are needed to correct flatly false information others are posting.)

2. Hoping that maybe a few people would show the least bit of moral fibre and stand against a EULA which is clearly not designed to be a fair agreement. (And not just fake moral fibre when something's hitting their pocket book, aka regional pricing.)

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CharlesGrey: For the record, this Disney EULA is hardly different from those by Square/Enix, EA, Ubisoft and so on.
And there you go, adding to the misinformation. I've already addressed this with respect to the EA EULA. The difference is that those other EULAs (to my knowledge) are actual bilateral contracts. They do not reserve the right to make unilateral changes to their contracts, after a sale has already completed, that you then must either comply with or lose the license to the software you purchased. Disney does reserve such power.

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CharlesGrey: It's just standard EULA bullshit no one really cares about it
As mentioned above, reserving the right to simply change the contract after the fact is not standard.

And it may be that most people don't care about the contracts they enter into, but I find that rather disturbing, as it is hugely irresponsible and over time leads nowhere good. Contracts should mean something - they are the basis upon which a non-coersive/truly-coooperative society is built. The ignorance and apathy exhibited towards them is ignorance and apathy towards society (though most are not enlightened enough to see this).

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CharlesGrey: especially on a site with DRM-free software, where it's near impossible for them to actually enforce any of it. In fact, that's why most of us prefer to buy their games here, so we don't have to worry about any potential future trouble with clients, verification servers and so on.
I basically acknowledge the difficulty in detecting/enforcing the EULA in my first post. However, there is still a moral component as even if you know you can practically get away with violating the terms of a contract, you should not agree to terms if you do not plan to stick to them. (I.e., the general attitude towards contracts and their importance in society again, and the corrupting effect of just casually ignoring contracts.)

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CharlesGrey: So yeah, stop spamming the release threads? Thank you.
This isn't a release thread. This thread is about a new publisher, and my posts are about the terms of use that publisher is offering.

How about you stop supporting immorality and corrupting influences? (I would thank you if I thought you actually would do so.)
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Gnostic: Instant buy all of the games and hope the revenue generated will be enough to convince them to sell old movies here DRM free......
I'd be happy if they could even be convinced to sell the original versions of some of their old movies. Still waiting for re-release of original version of Star Wars Episode IV with high def remastering but not including altered/additional scenes in-film (wouldn't care if a bunch of deleted/extended/altered scenes from menu but not in-film).
Best...News....Ever!!! Tie Fighter is in the shopping cart, the rest will be soon! :)
What are the chances of X-Wing Alliance, Outlaws and Star Wars: Rebellion?
Will there be any more bonuses in the future for the lucasarts games?
And will you get Star Wars Pit Droids and Droidworks or will you get only direct Lucasarts titles (pit droids and droidworks are Lucas Learning, a LucasArts subsidiary).
This is probably the best news I ever read on here! :D

The LucasArts games, especially the adventures, were a big part of me becoming a gamer. A demo for 'Fate of Atlantis' was my first contact with "real" games, and I fell in love instantly. 'Fate of Atlantis' to this day has a place in my top 5 favourite games ever, and I am truly overjoyed to see it here on GOG. The other games are classics as well, and I can't wait for more LucasArts gems to follow.

Thank you, GOG, for making what I wrote off as wishful thinking a reality!

And kudos to Disney for playing along, something which I'd never thought might happen. You earned a ton of respect with this!
Oh god, Full Throttle please! :)
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HypersomniacLive: Is the Disney ToS the reason you're not buying any of their games?
Yes. I was practically drooling over finally getting KOTOR until I saw what was in the TOS. Now I'm just disappointed. (You shouldn't dangle candy in front of a kid and then just pull it away like that!)

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HypersomniacLive: And from everything stated in their ToS that is applicable for purchases from GOG, can you please explain which terms you are worried about?
I have not read the entire TOS as I stopped as soon as I saw the part I quoted in my original post. The other party in a contract being able to just change the terms of the agreement with your only choice being "take it or leave it" (or become a "pirate after the fact" by continuing to use the game while no longer having a license to the game) is really not acceptable. You are, legally speaking, back to renting your games, which is the same thing that made me stop buying games with DRM a long time ago.
At long last! I finally get my chance to play X-Wing and Tie Fighter on a PC which is powerful enough to run them! But maybe not at 60fps..
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Shendue: The italian law is very protective of the customer in such transactions. We have had cases of our Court of Cassation, which is the highest court in Italy, declaring modifications of hardware and software like, for instance, removing software limitations by modifying game consoles to be PERFECTLY LEGAL because the buyer is the legal owner of an object, after buying it, and can dispose of it any way he wants.
I wish US law was that forward thinking and wish you well for your better local laws. That being the case, I could see less concern on your part. However, I believe the severability clause standard in licenses is likely considered valid in Italy, which would mean that every provision which is potentially problematic would need to be explicitly protected for you. It sounds like you have a much better chance of it than we do, and I have no idea Italian legal precedent, but I would consider that.

As to likelihood of enforcement, that depends. My reading of that agreement is that you're agreeing to these terms with regards to Disney and all their child companies in a way which is binding for other services they provide as well and renewing the agreement for older child company products. For example, ESPN was one of their companies, so it would be possible that if a class-action lawsuit were brought against a cable/satellite provider which involved ESPN then agreeing to this EULA might constitute sufficient cause to remove the people who agreed from the lawsuit. Not sure for Italy, but in the US class action lawsuits tend to be brought as punitive actions against companies for cheating their customers and don't really end up gaining the customers anything but warm & fuzzies and stopping the activity (for example, it's been used to stop garbage extra $1 fees for 10 million service subscribers which would be too low of an amount to sue for separately).

If you're sufficiently assured of your rights, then I congratulate you. However some of us aren't. I haven't read much of what TheJadedOne has written, and perhaps he's being a bit too confrontational, but I do agree with at least some of his base point and think it's a valid concern to attempt to at least bring up even for those who aren't impacted as an aspect of fairness on GOG's part. I don't think GOG should outright refuse to list games with EULAs, but I would hope that there's sufficient/continued pressure from us, the customers, which they can use to show the studios that restrictive EULAs are restricting their profits as well, and they should consider removing them.
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CharlesGrey: You know, your first post was remotely interesting, and I didn't really agree with people down-voting it. But at this point you're just being annoying. What exactly are you hoping to achieve here?
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TheJadedOne: 1. To warn others. (And towards this end many of the follow ups are needed to correct flatly false information others are posting.)

2. Hoping that maybe a few people would show the least bit of moral fibre and stand against a EULA which is clearly not designed to be a fair agreement. (And not just fake moral fibre when something's hitting their pocket book, aka regional pricing.)

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CharlesGrey: For the record, this Disney EULA is hardly different from those by Square/Enix, EA, Ubisoft and so on.
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TheJadedOne: And there you go, adding to the misinformation. I've already addressed this with respect to the EA EULA. The difference is that those other EULAs (to my knowledge) are actual bilateral contracts. They do not reserve the right to make unilateral changes to their contracts, after a sale has already completed, that you then must either comply with or lose the license to the software you purchased. Disney does reserve such power.

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CharlesGrey: It's just standard EULA bullshit no one really cares about it
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TheJadedOne: As mentioned above, reserving the right to simply change the contract after the fact is not standard.

And it may be that most people don't care about the contracts they enter into, but I find that rather disturbing, as it is hugely irresponsible and over time leads nowhere good. Contracts should mean something - they are the basis upon which a non-coersive/truly-coooperative society is built. The ignorance and apathy exhibited towards them is ignorance and apathy towards society (though most are not enlightened enough to see this).

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CharlesGrey: especially on a site with DRM-free software, where it's near impossible for them to actually enforce any of it. In fact, that's why most of us prefer to buy their games here, so we don't have to worry about any potential future trouble with clients, verification servers and so on.
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TheJadedOne: I basically acknowledge the difficulty in detecting/enforcing the EULA in my first post. However, there is still a moral component as even if you know you can practically get away with violating the terms of a contract, you should not agree to terms if you do not plan to stick to them. (I.e., the general attitude towards contracts and their importance in society again, and the corrupting effect of just casually ignoring contracts.)

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CharlesGrey: So yeah, stop spamming the release threads? Thank you.
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TheJadedOne: This isn't a release thread. This thread is about a new publisher, and my posts are about the terms of use that publisher is offering.

How about you stop supporting immorality and corrupting influences? (I would thank you if I thought you actually would do so.)
If you truly want to inform other GOG customers about this, just go ahead and create a dedicated thread for it already. This isn't really the place for it, and your posts will just keep getting buried by all the people who want to express their excitement about these game releases ( which is mostly what this thread is for ).

Also, it would help if you could stop claiming that everyone else is stupid and uneducated, just because they don't agree with you, or don't care for this whole EULA issue. Because that usually has the effect that people completely disregard whatever you have to say, whether or not it is relevant.

Or you know, just keep going at it. Whatever works for you.
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PincushionMan: I love that Xwing is in your cart.
Make that purchased and downloaded. ;)