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POL System Scan Privacy Issues? OP Updated 5:39am EST Mar 9Follow

#202 Mar 08 2007 at 9:31 PM Rating: Excellent
22 posts
Thats very interesting goobysmootcher.. hmmm..
#203 Mar 08 2007 at 9:32 PM Rating: Decent
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1,892 posts
Look on the bright side of things, how many people did they catch out before this came common knowledge. How many RMT's had their accounts flagged for hacks. These people done before anyone know about this won't be there at the next camp. Who wins, the rest that are online now and haven't done anything wrong.

Now if SE told everyone in advance that they were scanning, people would turn off windower/hacks and wait for work arounds before they started them up again. The police here in Australia have brilliant road signs for speeding. "Speed Camera's Used in this Area", usually placed after the area that they are in. It's legally allowed because they notified them of the cameras being used in the area which they were used in. Hazy sure, but it works :D

To sum it up, SE can ban you right now with or without the information collected and you can't do squat about it. As noted they can deny the use of the information collected and just say a GM saw you speed hacking (been done before, many times). It's your word against theirs.
#204 Mar 08 2007 at 9:35 PM Rating: Excellent
22 posts
Basicly what it boils down to. But catching them doing this, without me knowing about it.. Is wrong.. I bet you shout in Jeuno and ask this question..
"Is SE scanning our computers when we lauch pol.exe?"

Bet most of the responces are, I dont know.. I dont think so..
But in the Cali Law it clearly states, that you have to let your customers or online users know if you collect data from them, or there computers.

No where does it state this in the ToS.

End of disscussion.. Now we wait, and see if SEI updates there ToS.

I dont condone cheating. I dont cheat. Dont want anyone else to. Its just the fact that they doing this, without us knowing about it.

Yall say, "if you dont cheat you dont have to worry with it". Its still somthing illegal that SE, a very big company is doing.

Its like how Disney brain washes little kids.

Edited, Mar 9th 2007 12:40am by Talzhemir
#205 Mar 08 2007 at 9:39 PM Rating: Decent
After all of this has happened if someone gets banned "without reason" I would think they would actually have a leg to stand on in court. SE would at least have to furnish exactly why service was stopped, since as we know a video game ToS will not hold up in court.

Therefore if you are banned for no reason and you pay your fee's on time and haven't done anything to warrant getting banned they would be neck deep in bad publicity which they do not want. This little program of theirs has already had serious impacts on SE whether they realize it or not.

In fact in light of all of this, I bet there is some lawyers out there who would jump at the chance to take SE on if someone really wanted to pursue it.
#206 Mar 08 2007 at 9:43 PM Rating: Decent
22 posts
Yeah, but I got enough stuff on my plate atm. Most likely, if SE doesnt comply with the 30 day probation, it will be the OPP that will most likely file a suit.
#207 Mar 08 2007 at 9:44 PM Rating: Decent
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1,197 posts
I didn't intend to provide some "out" for anyone who might be banned from their system being scanned. Far from it. I'm still a fan of disclosure.

I also think that this issue is of more importance in the current day than it might be years from now simply because there's very little legislation or precedent regarding online privacy and the like.

What we do today determines what we can/can't do tomorrow, in that case, and... hell yes, I'll complain about what I feel is a rights violation if I feel it might impact me at ALL at a later time.

I don't care how nice the update was. My main is 75 THF. I'd love to be fighting Sozu right now, but my desire to play a video game isn't strong enough to override my ethics or ethical expectations in others, especially not when those things are, as in this case, regulated by law.
#208 Mar 08 2007 at 9:45 PM Rating: Decent
Well everyone, I am going to try and get a few hours of sleep before I have to get up for work. It has been a fun topic to discuss, and amazingly not many flame posts. I will be back it tomorrow/today actually while at work.
#209 Mar 08 2007 at 9:48 PM Rating: Good
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247 posts
Ok now this issue doesn't really concern me since I play on a rinkydink ps2. BUT I am really REALLY concerned that SE has determined to violate PC users rights by performing an illegal scan. As I understand business law, no contract however binding can or will be enforced in a court of law if said contract in and of itself violates federal,state laws. SO no matter how well "covered" SE thinks they are, if they are breaking the Computer fraud laws then thier contract isn't worth the paper thier lawyers printed it on. You may agree to it each time you log online, but if it violates federal, state laws it is in and of itself null and void.
A appropriate analogy would be signing a contract to sell your wife into slavery. Since slavery is illegal, the contract could seem as binding as chains but not legally enforcable in any state in the US.
Now it has been about 15 yrs since I went to college, but I don't think our laws have changed so much as to completely take away our personal rights.
So if SE is scanning PC users computers and relaying that information back to SE and it is used in ANY way that violates any law, SE could be in a world of legal trouble. Not in a class action civil suit but from a DOJ<Dept of Justice>
investigation that would then be followed by a class action suit. If SE is smart they will amend thier ToS and post an announcment not only on the website but in plain view for every person that logs on to POL.
I mean really..If they can see fit to keep us informed about download times, speeds , and problems they can take a few mins to cover thier corporate ***.
#210 Mar 08 2007 at 9:51 PM Rating: Decent
22 posts
I am Talzhemir, I approve this message.
#211 Mar 08 2007 at 10:04 PM Rating: Default
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4,618 posts
I am so glad I play on PS2
#212 Mar 08 2007 at 10:18 PM Rating: Decent
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1,197 posts
Goodnight, Jegzus, it's been nice having you :D
#213 Mar 08 2007 at 10:27 PM Rating: Decent
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2,220 posts
My thoughts, are simple as this.

If they allowed macros more than 6 Lines (thinking 18) I couldn't care less about windower.

I use Windower, because I don't wanna put 3 macros just for Charming Gear(I am a Beastmaster), than 3 more macros just for fighting gear. than 2 macros for weapon skill gear, than 1 more macro for resting.

That, is.. what? 9 macro buttons? that's an entire line -_-a

That's my two Cents on the subject. Windower is nice, but the scripts are what makes it appealing, at least for me.
#214 Mar 08 2007 at 10:29 PM Rating: Decent
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1,197 posts
Lishje wrote:
My thoughts, are simple as this.

If they allowed macros more than 6 Lines (thinking 18) I couldn't care less about windower.

I use Windower, because I don't wanna put 3 macros just for Charming Gear(I am a Beastmaster), than 3 more macros just for fighting gear. than 2 macros for weapon skill gear, than 1 more macro for resting.

That, is.. what? 9 macro buttons? that's an entire line -_-a

That's my two Cents on the subject. Windower is nice, but the scripts are what makes it appealing, at least for me.



This is a bit of a derailment, since this thread is about your digital privacy rights and not Windower (don't take that the wrong way, please?) but yeah, I hate the macro limitations (Sneak, Trick, TP, Steal, etc gearsets + WS macros, I generally end up using two complete macro sets to play THF). You might be better heard/discussed in a different thread, though :P
#215 Mar 08 2007 at 10:32 PM Rating: Decent
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2,220 posts
Quote:
This is a bit of a derailment, since this thread is about your digital privacy rights and not Windower (don't take that the wrong way, please?) but yeah, I hate the macro limitations (Sneak, Trick, TP, Steal, etc gearsets + WS macros, I generally end up using two complete macro sets to play THF). You might be better heard/discussed in a different thread, though :P


True. I've had a lil to drink in the last couple hours.. =.=

I'll just shut up and listen to the topic at hand :p

well? go on~
#216 Mar 08 2007 at 10:35 PM Rating: Default
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4,400 posts
Quote:
You may agree to it each time you log online, but if it violates federal, state laws it is in and of itself null and void.


Quote:
You may agree to it each time you log online, but if it violates federal, state laws it is in and of itself null and void.


Quote:
You may agree to it each time you log online, but if it violates federal, state laws it is in and of itself null and void.


Quote:
You may agree to it each time you log online, but if it violates federal, state laws it is in and of itself null and void.


Quoted for EMPHASIS because it's TRUE.

#217 Mar 08 2007 at 10:43 PM Rating: Decent
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2,793 posts
Quote:
Charles' initial reply was a huge misstep on his part, IMO. He should not have stated that they were scanning for 3rd party applications. I believe legal liability is why call centre employees have scripts.


Oh this is great. This is exactly why SE is so phobic with communication with us. Company policy is any employee that were to comment on our feedback etc, admit to knowing things (like this) can be terminated. Not 100% will be but can be in the sort of way that scares the employees into not(usually) doing so. Of coarse, this is all according to one of those employees XD when I asked.

FFXI Community Gathering, March 2, 2007
By Elvis Fernandez, "Exodus" wrote:

One of the general misconceptions that literally pains them and frustrates them is that they do not listen to their player base. Matt Hilton told us how he stares at his screen sometimes, reading the forum posts stating this, and he just wants to literally post an argument against it; but things aren’t that simple. Everything is a process to ensure the proper customer care is done. While Matt Hilton, or any SE rep, could speak on their behalves, they also represent Square-Enix as a whole, both with and without Final Fantasy 11. That in mind, he can't post anything that he's not approved of, as saying something false would make them, as a whole, look bad.


So now silent SE has the sort of thing happen that they are always afraid will happen, and some guy named Charles may get canned because some other person who prolly gets paid more, failed to think to update the policy before the change(said guy likely gets slap on wrist, unlike poor charles).





In case it was lost on you, I'm not entirely serious...But SE does act phobic about talking to us.
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#218 Mar 08 2007 at 11:03 PM Rating: Decent
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1,197 posts


If Charles, or any SEI employee reads this, or Charles gets canned as a result of this, I guarantee you I can ***** a LOT louder and longer about anything I feel was as a result of my own personal actions.

In short:
SEI if you can Charles, I'll go from shocked, moderately outraged kitty to "Give Charles Back His Job" t-shirt wearing, sign toting, media calling angry kitty quicker than you can say "Kick the taru!" >:(

I hope that got the gist across, and now I have to change my sig :P



Aleka works in a call centre, we were discussing earlier actually the sad importance of scripts when dealing with customers in regards to potentially dangerous, incriminating, etc. information. I can understand the call centre having no answers for my questions because they aren't located in a script somewhere, but damn I get frustrated when they won't transfer me to someone who can answer my question. "Someone somewhere's got to respond to a complaint filed eventually, so why can't I file my complaint directly" sort of thing... then again if this happened with everyone, they wouldn't be call centre employees anymore, they'd all be message-taking secretaries :D
#219 Mar 09 2007 at 12:39 AM Rating: Decent
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1,261 posts
I play on a PS2. The computer my girlfriend plays on is not her main computer, so the only thing on it besides FFXi is her Civilization game.

But I am bothered about this.

All they would have had to do was post an update to the privacy policy. That's it. They didn't even have to tell anyone about it; it states that the act of posting the update is your notification.

This whole thing shows a very unprofessional attitude and lack of respect for their customers.



#220Kragorn, Posted: Mar 09 2007 at 1:10 AM, Rating: Sub-Default, (Expand Post) No, you're either paranoid or a privacy troll who has nothing better to do that prattle on about your "rights" .. don't like it, leave the game.
#221 Mar 09 2007 at 1:44 AM Rating: Decent
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1,197 posts
Kragorn wrote:
Arketa wrote:
I... must be the only privacy advocate playing FFXI :/

No, you're either paranoid or a privacy troll who has nothing better to do that prattle on about your "rights" .. don't like it, leave the game.

Edited, Mar 9th 2007 4:11am by Kragorn



Ahh, so true. I'm a troll, you've discovered me. So's everyone else who's posted or shown any amount of concern regarding this, and is now awaiting a reply from SEI, or anyone who's dropped by to merely discuss digital rights in the modern age.

Did you even bother to read the thread, or are you just trolling?

Wait, my bad. You're trolling.

It's almost 5AM, I've been up for ages and have a lovely case of insomnia. So for you, I have only sleep deprived sarcasm. I'm really sorry, you should have come by earlier, I might have had something more enjoyable to offer you :(

Take this instead. I hope it makes the sarcasm more enjoyable to you:
WAR IS PEACE

FREEDOM IS SLAVERY

IGNORANCE IS STRENGTH

My bad, that was just a bit of dangling extra sarcasm.

#222 Mar 09 2007 at 2:01 AM Rating: Default
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1,046 posts
Cirvantes wrote:
Quote:
You act like this is a bad thing. What exactly do you have to hide that makes you worry so about this?


I love this argument. How would you feel about having security cameras installed inside your house? After all, it's not like you have anything to hide right?


But good, mature people know that I eat, sleep, shower, have sex, and complain alot. I may be shy at times but really, if cameras were in my house, monitored by well paid men in fine pinstripe suites who really were just there for the better protection of everyone, would I really have anything to hide?

Let's face it: this is a massive service in which thousands of people are paying for. SE scanning your systems to determine you aren't doing something you shouldn't be to their game or their servers for that matter is understandable. I'm not calling their secrecy of doing it justified, I'm merely stating: so?

Needless to say: with the future inclusion of windower by SE themselves, a time is coming where you will not be justified by running third party software (unless something innocent such as FRAPS or a Data Logger comes up to them as third party, in which case, that would be bad).
#223 Mar 09 2007 at 2:17 AM Rating: Good
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1,197 posts
[quote=KPBeta]Let's face it: this is a massive service in which thousands of people are paying for. SE scanning your systems to determine you aren't doing something you shouldn't be to their game or their servers for that matter is understandable. I'm not calling their secrecy of doing it justified, I'm merely stating: so? [\quote]

So, it (the internet, digital rights in general, etc) isn't well legislated... at all :/

At some point, someone has to step up and write that legislation.

What you can get away with now is directly related to what you could get away with in the past, hence, precedent.

If it's determined legal for a mere game to collect process and memory data without your consent, what's next?

Anti spyware legislation states something to the effect of "you can't make the EULA say I agree to this EULA by running/installing this software" on spyware that automatically installs and runs on your machine (generally it was the sort that said the spyware company could use your machine to relay mail or process their information etc and you picked it up with other downloads or via Windows flaws when visiting websites). I haven't got any references to sites regarding that issue handy, it merely came up in non-forum related conversation with a few computer geeks earlier, but if you can't be ***** to Google references, I suppose I could be convinced :P

Regardless, there was no prior legislation in place to prevent spyware & the associated EULA's from doing that. If noone said "I don't like this" or "Hey I'm pretty sure this is violating my rights" would the legislation have been passed?

There *is* legislation in place in California, however, that states that SEI has to disclose that information is being gathered.

It's really that simple, and I personally don't think it's too much to ask. I like FFXI, and I enjoy playing it. Had the policy been updated prior to the update, I'd have read it and chosen to play or not play based on the updated policy, while being informed.

No policy update = not informing users of the change made, and thus not presenting that choice. Hence, why it's a privacy issue in the first place. You can choose to share your information with other entities (be they human, government, or corporate), or you can choose not to share. It's a privacy rights issue because you have the right to make that choice. See: First sentence of this pargraph. :)

Edited, Mar 9th 2007 5:18am by Arketa
#224 Mar 09 2007 at 2:42 AM Rating: Default
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69 posts
The whole scanning my processes I don't mind once they amend their contract.

However, has anybody else noticed that FFXI uses a lot more resources now? I assume it does because before my fan used to run on silent mode and occassionally speed up for five minutes in areas that required more loading, processing or what have you. Now though, it is constantly running on the highest fan setting, never actually slowing down whatsoever. This is a problem for me because A. My fan is quite noisy and B. I play on a laptop so it rapes the crap out of my battery life.

Is this just me or have other people noticed this as well?
#225 Mar 09 2007 at 2:50 AM Rating: Decent
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1,197 posts
Elysium wrote:
The whole scanning my processes I don't mind once they amend their contract.

However, has anybody else noticed that FFXI uses a lot more resources now? I assume it does because before my fan used to run on silent mode and occassionally speed up for five minutes in areas that required more loading, processing or what have you. Now though, it is constantly running on the highest fan setting, never actually slowing down whatsoever. This is a problem for me because A. My fan is quite noisy and B. I play on a laptop so it rapes the crap out of my battery life.

Is this just me or have other people noticed this as well?


Neither do I, assuming it actually complies with the law. It still doesn't change the fact that the two should have come hand in hand, nor change the end result from the two not being concurrent though (namely that, even after the policy's changed, there was a point at which your rights were violated) :/

I got one of those fancy-schmancy Logitech G15 keyboards they were touting at their conventions, and the only thing it's really done for me is make me look down at the LCD and wonder why my CPU is almost always near-peak while playing :( (The macro keys are horrible for FFXI, IMO, though the media keys are nice, if/when they actually decide to work with FFXI running (might be a profile setting I'm missing), and the blue glow is somewhat pleasant when I care to think about it, but none of it really justifies SEI promoting it ouside of being paid by Logitech to do so...)

Instead of simply making FFXI run native windowed, I wish they'd redo/update the PC client to actually ... I donno? run smarter? Why do I need a spiffy video card if you're going to tax my CPU anyways? tax the damn video card and justify the money I spent *fist shaking*

Edit: I should probably add that I'm talking pre- March 7 update, as I haven't played since then or run POL for longer than it took to read their policies and note that they hadn't changed, so I can't speak for anything it might be doing CPU-usage wise now :P

Edited, Mar 9th 2007 5:54am by Arketa
#226 Mar 09 2007 at 4:24 AM Rating: Default
Ken Burton's Reject
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12,834 posts
Hope you've had fun stirring up the pot when I was asleep.

Sadly, you still don't know how wrong you are.

Since you will not listen to me, here's some screens from the POL EULA.

First you agree that the software can be modified at any time.
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture1.jpg

Here you agree to abide by any policies provided to you.
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture2.jpg

Here you are advised that you are also held to the member agreement
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture3.jpg

The scope of said agreement
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture4.jpg
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture5.jpg

Here you agree that they can change this agreement with or WITHOUT notice.
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture6.jpg
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture7.jpg
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture8.jpg

Revokation of rights.
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture9.jpg
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture10.jpg
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture11.jpg
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture12.jpg
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture13.jpg
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture14.jpg

The stake in the heart of the OP's case.
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture15.jpg

All of this is available through PlayOnline -> Service & Support. Yes, since process scanning IS a legal method to hold you compliant to the EULA, and since you agreed to them doing that, you are, in fact, legally bound to do so.

Oh, it's also in there (but not posted) that you agree to this by continued use of the software. Meaning whenever you start the program, you agree to its usage.
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