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So i bought this game before T2 bought it and changed the EULA, now apparently if i want to play it i need to agree to a EULA i never agreed to, nor do i ever want to agree to.

Can myself and others have refunds beyond the 30 days, considering we're no longer legally allowed to play the games we purchased due to a change we did not make?

After all
"Acceptance of Take-Two’s EULA required to play. This EULA includes the Privacy Policy (https www take2games com/privacy) and Terms of Service (https www take2games com/legal). "

I do not accept, nor was this a requirement when i purchased the game. I'm almost positive this is illegal under australian consumer law.
Post edited March 08, 2018 by MattVRX
Not sure about what changes there are in the new EULA, but before contacting the support team take some time to review the previous EULA to see if there is something like "By accepting this, you also agree to every change in the future versions of it". If that's the case with it, i guess you won't be able to do anything.
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Vythonaut: Not sure about what changes there are in the new EULA, but before contacting the support team take some time to review the previous EULA to see if there is something like "By accepting this, you also agree to every change in the future versions of it". If that's the case with it, i guess you won't be able to do anything.
there was no previous EULA. Only the standard GOG User Agreement.
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immi101: there was no previous EULA. Only the standard GOG User Agreement.
Of course there was; check out your installation folder for it or the KSP website (i think they still have the old one).
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immi101: there was no previous EULA. Only the standard GOG User Agreement.
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Vythonaut: Of course there was; check out your installation folder for it
i actually did that before posting, unless i am overlooking it there is no EULA. just a reference to the GOG User Agreement.
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Vythonaut: or the KSP website (i think they still have the old one).
unless there is an explicit link to that EULA in the GOG store it has no legal relevance. I am pretty sure there was no link to an external EULA before.
In contrast to now, where there is a link to the Take2 eula.
Post edited March 08, 2018 by immi101
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MattVRX: So i bought this game before T2 bought it and changed the EULA, now apparently if i want to play it i need to agree to a EULA i never agreed to, nor do i ever want to agree to.

Can myself and others have refunds beyond the 30 days, considering we're no longer legally allowed to play the games we purchased due to a change we did not make?
If you look up previous EULA when KSP was owned by Deported, you'll notice that they have reserved the right to change the EULA any time. You only have the right to withdraw and terminate license within 10 days in original EULA.

Furthermore, its important to understand that this is a generic "umbrella"-type T2 EULA that covers all T2 stuff at once. Plus, they only auto-assign the license from you for in-game created content, which is screenshots, video and so on; which is logically required to host your stuff on their forums. Mods are not covered by this, those are yours.

Its all has been already talked out in "New terms discussion" on forums. There is absolutely nothing touchy in the new EULA, except that it much bigger, because its T2.
Post edited March 09, 2018 by Lin545
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Lin545: If you look up previous EULA when KSP was owned by Deported, you'll notice that they have reserved the right to change the EULA any time. You only have the right to withdraw and terminate license within 10 days in original EULA
It's against australian consumer law to change a contract without consent from both parties, and i in no way shape or form have ever consented to the new contract terms.

'If a contract is varied on or after 12 November 2016, the law applies to the varied terms.'

'(c) A term that permits, or has the effect of permitting, one party (but not another) to vary the terms of the contract.'

Just because T2 want you to think that something is legal and/or acceptable does not make it so, and it's up to GOG to make this right to consumers who have had the ability to play their legally owned games removed.
Post edited March 09, 2018 by MattVRX
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MattVRX: ...
Sure, maybe, but law is law, game is game. Every proprietary game has EULA as agreement, that I have to accept to use it. And most of the proprietary games are owned by corporations with very weird licenses, because they are not shaped for every game, but for all. Game is game, law is law - to play the game its about accepting EULA, to object the EULA - its about courts. So yes, even if there was no EULA in previous versions - its GOGs oversight.

As of this specific issue, I have researched it pretty well and its umbrella type of license - the alarm bell is to ring when there are actual bad changes inside KSP. Currently KSP is drmfree, no trading, no microtransactions, no galaxy dependence, GOG version is not cut of features. If something like this appears, its to treat as "a crappy new version", so just keeping last best version settles things.

I don't think that change of EULA allows for refund, (although I am sure that GOG will do it as an exception, ) because the games on GOG are not "service", but "products" without "license management"(drm-free). Because they are no service, EULA does not matter for user. The only place where EULA matters is when its actually taken to the court. If there were drm,.. then its pretty opposite and refund past try-out period would be logical.
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Vythonaut: Of course there was; check out your installation folder for it
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immi101: i actually did that before posting, unless i am overlooking it there is no EULA. just a reference to the GOG User Agreement.
I can't check it out right now, but i'm definitely sure that inside the KSP folder there is (at least as of v1.3) an EULA.txt or a licence.txt (or both); licence.txt usually has to do with licenced software that a game uses (eg audio & physics engine) but the EULA.txt should be just that: the EULA of KSP. Even if you're right (you seem to insist about it so i'll back off because i may be wrong on that) and that EULA is GOG's one, the official website definitely provides KSP's EULA (the previous one of Deported).
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Vythonaut: or the KSP website (i think they still have the old one).
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immi101: unless there is an explicit link to that EULA in the GOG store it has no legal relevance. I am pretty sure there was no link to an external EULA before.
In contrast to now, where there is a link to the Take2 eula.
I'm in no position to say what happens if you're indeed right and GOG didn't previously link to the KSP EULA directly; Lin545 seems to be more knowledgeable about the subject.
I just checked KSP 1.3.1 folder and there's no EULA there, also the GOG page did not point to any EULA either.

The EULA and the Terms have not changed too much, the only really notable point is that now Take2 can take and use any custom content you create because you waive your rights of it to them, before you actually were the owner.

On the other hand the Privacy Policy that was already bad just became horrible, anyway you can just block the launcher and the main executable from connecting to the internet. (You can do that with Windows Firewall, just make sure you block both of outbound traffic)
Will not buy this game or any game released by this "devs".

I dont think it's ok to sell a game to someone with EULA he/she agrees to, and then change the EULA without giving the option to get a refund if customer dont agree with the new EULA.
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An_dz: The EULA and the Terms have not changed too much, the only really notable point is that now Take2 can take and use any custom content you create because you waive your rights of it to them, before you actually were the owner.

On the other hand the Privacy Policy that was already bad just became horrible, anyway you can just block the launcher and the main executable from connecting to the internet. (You can do that with Windows Firewall, just make sure you block both of outbound traffic)
T2 only has rights on your in-game creations, not mods: stuff like spaceships, screenshots and videos. Very valuable indeed. It needs this right to be able to host them.

This is discussed on forums. It collects to redshell to find out how much players clicking on the ad - started the game and is easily blockable. *All* unity games leak telemetry and pre 1.4 is no exception.

Go to official forum and read the thread, its been discussed over and over.

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falloutttt: Will not buy this game or any game released by this "devs".

I dont think it's ok to sell a game to someone with EULA he/she agrees to, and then change the EULA without giving the option to get a refund if customer dont agree with the new EULA.
This is regular practice to this day. See Bethesda(1), Steam(2), Blizzard(3) and so on. Either you accept, or your rights are revoked. This is done AFAIK to make migration to new conditions possible, even if they make any mistakes. Its likely that you better off without GOG account, if you don't accept this, because GOG does it too(4).

1) "Your continued use of the Software after notice of a New EULA will be deemed as Your acceptance of the New EULA."
2) "If any such future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA you may terminate this EULA in accordance with the above Termination provisions. Your installations and use of any updates or modifications to the Software Product or your continued use of the Product Software following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA."
3) "This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Platform."
4) "22. CHANGES TO THIS AGREEMENT"
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An_dz: The EULA and the Terms have not changed too much, the only really notable point is that now Take2 can take and use any custom content you create because you waive your rights of it to them, before you actually were the owner.

On the other hand the Privacy Policy that was already bad just became horrible, anyway you can just block the launcher and the main executable from connecting to the internet. (You can do that with Windows Firewall, just make sure you block both of outbound traffic)
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Lin545: T2 only has rights on your in-game creations, not mods: stuff like spaceships, screenshots and videos. Very valuable indeed. It needs this right to be able to host them.

This is discussed on forums. It collects to redshell to find out how much players clicking on the ad - started the game and is easily blockable. *All* unity games leak telemetry and pre 1.4 is no exception.

Go to official forum and read the thread, its been discussed over and over.

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falloutttt: Will not buy this game or any game released by this "devs".

I dont think it's ok to sell a game to someone with EULA he/she agrees to, and then change the EULA without giving the option to get a refund if customer dont agree with the new EULA.
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Lin545: This is regular practice to this day. See Bethesda(1), Steam(2), Blizzard(3) and so on. Either you accept, or your rights are revoked. This is done AFAIK to make migration to new conditions possible, even if they make any mistakes. Its likely that you better off without GOG account, if you don't accept this, because GOG does it too(4).

1) "Your continued use of the Software after notice of a New EULA will be deemed as Your acceptance of the New EULA."
2) "If any such future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA you may terminate this EULA in accordance with the above Termination provisions. Your installations and use of any updates or modifications to the Software Product or your continued use of the Product Software following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA."
3) "This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Platform."
4) "22. CHANGES TO THIS AGREEMENT"
then i'll go back to pirating games.

besides, the only reason i buy games is to support the devs. if the devs do this kind of shit to me, i dont want to support such devs.

I'll be buying games from devs like Larian, and a couple of others that i really want to support. and to hell with every one else. :/
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falloutttt: then i'll go back to pirating games.

besides, the only reason i buy games is to support the devs. if the devs do this kind of shit to me, i dont want to support such devs.

I'll be buying games from devs like Larian, and a couple of others that i really want to support. and to hell with every one else. :/
Whats your actual problem with EULAs? They don't "do shit to you", they reserve some rights because they need them, like for transferring changes. Look up what happened to GPL, because it had no such clause. You can easily block any tracking, its not required by EULA and is purely for marketing research. Company like T2 is huge, so its logical to think that they need instruments to understand if their sale campaigns turn successful.

If you dislike the whole model, then there are Free Software games (not "freeware") - but they struggle with own stuff. Its usually about money, sponsorship, if that's secure then they usually shine given some time.

Maybe you need to sleep and drink few coffee cups and do own research into licensing stuff. Its not really hideous. KSP is not DRMed, so long you don't pirate and just play the game, hardly you'll have any problem or difference whatever, as with any other GOG title.

"Buying games to support the devs" is really bad idea with proprietary way... just replace "games" with "video cards" to understand why. It may work with Free Software way like patreon and stuff, but with proprietary - they sell their "product", which is a "limited right" to run their binary. You purchase that right, when you buy the game and which is what you actually want - this thing is in every EULA.
Post edited March 12, 2018 by Lin545
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falloutttt: then i'll go back to pirating games.

besides, the only reason i buy games is to support the devs. if the devs do this kind of shit to me, i dont want to support such devs.

I'll be buying games from devs like Larian, and a couple of others that i really want to support. and to hell with every one else. :/
To me it's the most sensible action and one others should employ. Companies won't change if their pockets flood with money.

And look how ironic, part 2 of Julia LePetit's "How Every Awful Video Game Thing Was Born" has just released today at Dorkly.

Part 1
Part 2