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Would you mind expounding upon this? I'm not following.
A while back someone was asking to trade a KSP-site copy for a steam version, who cares what reason, while I was still very much supportive and owning already four licenses and wishing to acquire a fifth anyways, in support, I traded with him but now when I go to their site a download button is not displayed, despite having full ownership of the account (changed password and all) and disabling any and all pugins for my browser to avoid unwanted hiding of said button, with proof of purchase in it.
I was just asking the clown if he could solve my issue as he seems to know everything but clearly does not.
Not that I care very much ... as my steam version if fully operational.
Not to blame steam or anything ... 10 months after the fact my 'friend', who is still in my friendslist, asked for a refund as he could not, supposedly, run he game at all (which his playtime confirmed but is not relevant as my own playtime on other games shows).
I did get that refund in full, even ten months out instead of two weeks, and was able to gift that copy to someone else who wanted the game.
I did compensate the friend who wanted a refund, just saying ... not that it matters, but yeah.
Anyhoo ... proof of purchase on the account, like the amount and everything ... but no download button showing on the KSP site for my legally acquired version. << as in transfer of ownership as allowed by the EULA.
Not even talking about a steam copy you useless troll. Learn to read.
Show me where in the EULA that kind of transfer is allowed. The section you copy/pasted earlier doesn't apply to this.
Yes. You pasted a section on the transfer of a game purchased physically, as in on a CD or DVD. It has no relevance to a digital copy.
Not having bought anything from Squad/Take Two directly, I have nothing worthwhile to contribute to your problem, but are you saying that it's related to the new EULA? Or are you just busting hbk's chops?
I don't see how KSP can collect your data, it's not in the position to. I've never put a single bit of personal info into KSP, not even with Steam apart from my VISA and email. Steam is not T2s platform so no they are not gathering it from my VISA either.
At the same time i also couldn't give two #$?! about some of my information, hell the amount of companies that do through me just sharing it alone is quite a lot of companies already. Facebook, Google, Steam, Microsoft etc etc etc..
Go ahead an share my email, i've got half a dozen of them anyway.
Generally though this all sounds like a giant over reaction. Like when T2 took over and half the community was convinced we'd have microtransaction by this point.
Reading it, it sounds more like they are just laying out every potential. Rather then, we are collecting all this data.
You can leave out the 'might' and 'maybe', and replace 'PS4' with 'console'. Also very old PC games that don't ask for a serial number and are in need of the CD/DVD (pre licenced) to play the game. I personally don't know any PC games that have been released after 1997 that make use of this, although there might be some, somewhere. In any case a downloaded version of KSP from the official website is not handled in that part of the EULA, only when you take it out of context;
'TRANSFER OF PRE-RECORDED COPY LICENSE:'
When reading up to the above, you could argue that a downloaded digital version of KSP could be considered a pre-recorder copy licence, because KSP doesn't ask for a licence key.
' You may transfer the entire physical copy of pre-recorded Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software or accompanying documentation, and the recipient agrees to the terms of this Agreement. Transfer of the pre-recorded copy license may require you to take specific steps, as set forth in the Software documentation.'
At this point that argument falls apart because it gives context, a downloaded version of KSP is not a phycical copy of pre-recorded Software. Also other pre-recorded PC Software can't really be argued after reading this, because most, if not all, don't contain a pre-recorded licence key.
'You may not transfer, sell, lease, license, rent, or convert into convertible virtual currency any Virtual Currency or Virtual Goods except as expressly set forth in this Agreement or with Licensor's prior written consent. Special Features, including content otherwise unavailable without a single-use serial code, are not transferrable to another person under any circumstances, and Special Features may cease functioning if the original installation copy of the Software is deleted or the pre-recorded copy is unavailable to the user. The Software is intended for private use only. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER ANY PRE-RELEASE COPIES OF THE SOFTWARE.'
Console games do have many pre-recorded and pre-licenced physical copy games, and you
can and may trade those freely like the EULA says, I've sold my PS3 version of GTAV, and like the above states, the single-use serial code that came along with that copy, isn't needed for activation of the game, it only unlocked the otherwise unavailable special content, and couldn't be transfered to the new owner.
Anyway, its all unrelated to this topic, and I also fail to see the relation of Chillcore's problem and the new EULA.
Because main market for GTA V is the country where the no-privacy-but-guns-to-everyone policy comes from.
Also noone forced Squad to accept a buyout from Take Two. Especially since Squad isnt as shiny as you might think. The game might be nice, the company behind it not so much. Especially in regards to paying employees.
1) https://www.mcvuk.com/development/squad-devs-blast-kerbal-space-program-studio-for-high-crunch-and-low-pay
2) https://www.reddit.com/r/gaming/comments/55xv60/kerbal_space_program_developers_only_paid_2400/
A large number of devs quit Squad. Because they are such a great indie dev studio, right? ;)
You bought an American product from an American company thorugh an American vendor in the United States. You're lucky they're even attempting to comply with European laws.
Oh boy... you might want to drop this line of argument before you make yourself look more foolish.
Just to correct you here, Its a Scottish product made in Scotland by a Scottish developer and published worldwide by a US publisher.
Thats why it always has the Forth Rail bridge in it somewhere.
Redshell is part of the Unity engine. Depending on the wording it may be impossbible to "opt out" if contractual for engine usage.
Partially correct. For legal purposes, Rockstar Games Inc. (the parent company of the entire Rockstar Games group) is registered in California - so although the company is still run from Scotland, it's technically American for legal purposes. However, this point is made moot by the fact that Rockstar Games' privacy policy (from https://www.rockstargames.com/privacy) says the following:
This means that for the purposes of GDPR compliance, T2 Interactive's European subsidiary is the data controller responsible for enforcing compliance, while Rockstar Games Inc. are reduced to the role of data processor, and must comply with Take-Two Interactive Software Europe Limited's privacy policy when handling EU data. However, T2 Europe don't have a privacy policy of their own, instead relying on Take-Two Interactive Inc. to provide one for the entire T2 group: https://www.take2games.com/privacy/.
So basically, GTAV is in exactly the same boat, with an identical privacy policy to KSP for the purposes of GDPR compliance. The difference here is that GTAV does have significant data gathering built into the core, as well as social features that rely on Rockstar processing personal information. In the case of GTAV, these personal details are provided at the point of account creation, and a specific opt-in indicating that the privacy policy has been read and accepted must be given before the account can be created. This is sufficient to satisfy the requirements of the GDPR, which only requires that specific, explicit and informed consent is sought each time personal information is provided.
The thing about this is that the information gathered does not require consent. Unity Analytics and Red Shell both use "Legitimate Interests" as the basis for gathering and processing data. This allows them to gather and process this data without first seeking consent, provided they a) give appropriate and proportional consideration to user privacy when planning their data-gathering operations; b) can justify their data-gathering and processing as being somehow integral or essential to their business operations in such a way that the data-gathering and processing activities may be reasonably expected by the user; and c) offer users a means to object to their data being gathered and processed in this way. The latter of these is satisfied by presenting users with a per-game opt-out option with an explanation of what data is being collected, what opting-out means, and a link to the relevant privacy policy. Both Unity and Red Shell have also taken steps to anonymise personally identifiable information (such as IP address or Social ID's) wherever feasible by hashing or encrypting them, thus meaning they can still be used as unique identifiers in most cases.
Source: https://unity3d.com/legal/gdpr and https://blog.redshell.io/gdpr-and-red-shell-57f9c03b5769
Lastly, T2 Interactive's own privacy policy (https://www.take2games.com/privacy/) also reaffirms this approach to collection of non-personally identifiable information:
I will concede here that this section is outdated and should be updated - at the very least the GDPR does consider IP addresses, MAC addresses and other such information to be personally identifiable information now. Additionally, there isn't much clarity around it as the additional guidance hasn't been published yet, but it is highly likely that social ID's and gaming ID's may also be considered personally identifiable too. However, this can be easily negated as described above - by gathering the data on the basis of legitimate interests (with an opt-out to make it easy for users to object) and by anonymising personally identifiable information to make it difficult to link back to the original user unless absolutely necessary. Unity does the first and last items for them, and the opt-out has been in KSP since almost the very beginning (remember the pop-up you get when you first install the game, asking about analytics data?)
So there you have it - no consent needed unless you are specifically providing personally identifiable information on grounds of consent (rather than legitimate interests). If the only data collection T2/Squad are doing is being handled via the Unity tools, they are already covered by Unity's own privacy policy for their analytics packages. If they have additional data-gathering above and beyond this, it is covered by T2's privacy policy. The much-quoted section dealing with data submitted voluntarily (which I won't paste here as it's been thrown around all over this thread and this post is long enough already - if you're desperate to read it, just scroll up, you'll find it eventually) covers instances where the data is being explicitly requested on a voluntary basis (e.g. creating a forum account) and doesn't cover anything to do with the game itself. And the EULA has absolutely nothing to do with the GDPR - it's a seperate document with no bearing on the GDPR and which probably wouldn't hold up for more than a day if actually challenged in court anyway. The privacy policy is what matters - and it is explicitly referenced in the EULA (https://www.take2games.com/eula/):
Can we please put this to bed now?