B1tF1ghter: Does it include any forced telemetry? Like with some other Playstation ( publisher ) releases ??
This is a platform that was ONCE proudly boasting about being 100% DRM-free.
GOG com is also catering to EU customers, and in itself is based in EU, thus falls under GDPR laws.
If ANY data collection is taking place during any game execution steps, it should be properly disclosed on the product card...
**Request For Comments** from GOG staff!
Hirako__: I don't see any reason GOG to answer you on that question.
They are the platform allowing this content into their servers. They are legally responsible for said software - they are the gatekeeper - Sony makes the code, but GOG allows it. It is ultimately in GOG's power to refuse things if they don't comply with GOG's internal policies, local ( Polish, and European ) laws, etc.
By NOT stating that telemetry is taking place, IF such telemetry is taking place, GOG leaves themselves legally liable.
As a content DISTRIBUTOR, as a company based in EU, they are bound to EU laws.
Hirako__: Any other person who bought the game can though.
I disagree, not everyone would care to even check. And not everyone is qualified and knowledgable enough to debug the software to find any hidden NON-BLATANT telemetry ( such as when the software holds no easily visible warnings in that regard, no "in your face prompts", etc ).
Hirako__: When you buy a game you buy a lisence and you agree to the EULA of that game.
On Steam and all sorts of other platforms. It is debatable AT BEST on GOG.
License vs ownership is also 100% IRRELEVANT when it comes to telemetry.
And EULAs and license agreements do not override local laws ( at least in SANE countries in the world ).
Hirako__: From there your contract is between Sony and you.
You aren't 100% correct.
Hirako__: If you have a problem with how SONY handles GDPR please ask them. They are the ones who needs to follow these laws when it comes to their game not the store that sells it.
This is HILLARIOUSLY ignorant statement. Completely inaccurate :P
Hirako__: Also data collection has nothing to do with DRM. These are 2 completely different things.
Oh really now? Gee. Thanks /s
The point about DRM was that GOG com ONCE ( not anymore, mind you! ) publicly boasted about being "better than their competition", DRM was just ONE area thereof.
They have since silently removed many such claims and shoved any remains under the carpet.
Also GOG com is NO LONGER 100% DRM-free, despite some people willingly ignoring it and trying not to notice it.
Just fyi.
They have once prided themselves in being "better than this or that store", well, they are blurring the differences every day some more.
There were TONS of issues on GOG for the last decade, and MANY veteran customers have left, be it permanently or prolonged temporarily, as a form of a protest.
Most of the remaining users are like slow-boiled frogs. Taking their liberties and guarantees slowly seems to not bother them too much.
But alas.
GOG of the 10 years ago would most definitely have a bigger problem with data harvesting than the GOG of today.
¯\_(ツ)_/¯
Hirako__: GOG has no obligations to check games for data tracking.
Has legal obligation to inform EU customers about the data collection taking place on it's platform, including but not limited to inside the software they themselves ( GOG ) sells on the platform.
It doesn't matter if Sony would hypothetically violate some laws. Ultimately it's GOG distributing it. It is GOG who is ALLOWING it to be distributed as-is, despite violations. At which point it would not only be Sony violating the law, but ALSO GOG.
It's as if saying that Netflix is not liable for the content they are distributing on their platform, "only the people who made said content". That's just utter nonsense.
"bUt wE dIdNt MaKe iT" does not hold up in court in any sensible country in the world.
BOTH the:
A. Content original maker ( in this case: one of Sony's internal gamedev studios )
B. The publisher of said content ( in this case: 'PlayStation PC LLC' )
C. The distribution platform ( eg Steam / GOG )
are ALL legally binded by EU GDPR laws and EU laws in general.
Such is the reality of conducting game publishing operations in EU.
Doesn't matter whether YOU like it or not. That's the gist of it.
You may say whatever you want in the EULA but if it contradicts local laws then local laws take precedence.
Ofc, not every country's laws are the same, your mileage will vary. If in doubt, consult with your country's legal experts.
I am not a lawyer and this isn't legal advice.
WinterSnowfall: How about treating every newer game as if it included telemetry and blocking its outbound traffic in your application-level firewall? It's become a bit of a pain to track who's being dishonest and who's not these days, so might as well have "zero trust". As long as no DRM is involved, nothing will prevent you from playing these games even if you cut off their call home tendrils.
P.S.: The telemetry they collect as well as other wonderful practices are usually covered by the EULA.
1. Such information should be included on store product card, for maximu visibility.
Shoving it into a legal babble EULA that close to noone reads and which is often deliberaly ambiguous, is not exactly pro consumer move.
2. Good luck doing this with every single game. Including every single hidden nested executable they might have aside from the primary one, in their respective game install directories.
In ideal world everything should be disclosed and every data collection should be strictly voluntary.
However we live in a twisted joke of a worldline where morals are of low to no importance to most humans...
Hirako__: These are 2 completely different things. GOG has no obligations to check games for data tracking.
WinterSnowfall: Agreed this is up to the publisher/developer, not to digital retail stores.
Again, it's not quite true.
And has been demonstrated to not be true in practise. Even just recently, sites like GitHub have been found liable for hosting offending content, "not just the people who made such content". But your guys logic they shouldn't have been.
Hell, by your logic servers hosting "questionable content" of any kind shouldn't be brought down, or prosecuted, only those "who made said content".
This logic, again, does not fly very well with any court in any reasonable country.
There are very few exemptions to those laws, and digital game distribution isn't one of them.
WinterSnowfall: I believe that even if you opt out of data collection, they will still collect some generic usage data.
Then it's downright illegal by the EU laws.