Divinity: Original Sin Enhanced Edition had prizes hidden in its EULA | PCGamesN

Divinity: Original Sin Enhanced Edition had prizes hidden in its EULA

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Always read the small print - that's what they say. It seems they were right, too, because the first 100 people who actually bothered to read the EULA (End User License Agreement) for Divinity: Original Sin Enhanced Edition found a lovely secret hidden within. 

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In a little experiment from Larian Studios, Divinity: Original Sin Enhanced Edition's EULA - the huge wall of text that we all generally skip past - contained the following line:

"16. Special Consideration. A special consideration in material or immaterial form may be awarded to the first 100 authorized licensees to actually read this section of the EULA and contact Larian Studios at [email protected] This offer can be withdrawn by Larian Studios at any time."

The experiment was to see if anyone actually bothered to read the legal speak, and it turns out they do. For their trouble, these people got a bunch of Larian game codes, and Larian's lawyer got a smug sense of satisfaction.

"Our lawyer feels good about this," the developer explained via their Facebook page. "He's also revoking the consideration because we're making him pay for every mail we get."

Thanks, QuarterToThree.

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Xerkics avatarKirk McKeand avatarBelimawr avatarMrJinxed avatarbrmorgen82 avatar
Xerkics Avatar
428
2 Years ago

The sort of Bullshit companies like to put into EULA makes them unenforceable in any court and therefore makes reading it pointless.

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Kirk McKeand Avatar
300
2 Years ago

Unless you're winning free games for your trouble!

2
Xerkics Avatar
428
2 Years ago

ah well i already own pretty much every game they made and kickstarted OS2 anyway so no big loss there :) Also Pigs will fly before companies like EA do something like that.

1
Belimawr Avatar
1288
2 Years ago

people say that, but has one ever been beaten in a court? the answer to that is no or we would have something to replace them.

if they hold up in court or not is irrelevant to the end user as they will run out of money for legal fees long before it even got in court, hell blizzard has bankrupted gold sellers using the same method when they have tried to fight the EULA.

the only time they had a chance of being overturned was when Blizzard and Valve went after each other over DOTA, but ultimately it benefited neither side to destroy the EULA's and that is the reason they came to an agreement.

so you can say an EULA wont stand up in a court of law, but when you get on the wrong side of one that defence won't help you as you will never even make it to court, unless of course you are willing to spend the millions that would be required to get the case to court.

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MrJinxed Avatar
907
2 Years ago

Do you have an example of someone being taken to court and the EULA being the thing that made any sort of difference? If not, then your entire post is baseless and thereby as much speculation as the other guy.

1
Belimawr Avatar
1288
2 Years ago

an EULA doesn't need to win a court case, it is like all contracts, even verbal ones, it is 100% legal and valid until someone fights it and wins.

this is the thing a EULA doesn't need to go to court, they are already used regularly to remove access to stuff people have purchased in a legal manner with no fight against them. so really you say it doesn't stand up in court because no firm has took people to court over them, but the end of the day they don't have to as the EULA is a legal catch all that gives them the legal right to control access and do other things if they so choose.

the question you need to ask if you wan't to say they don't hold up in a court of law can you sight precedence that overrides the terms wrote in a EULA making them if someone took them to court? until someone actually beats an EULA and sets precedence for people to fight them it is a legally binding contract.

saying they don't stand up in court would be like saying any contract won't stand up in court that hasn't actually been tested in a high court. you have to think even a verbal contract stands up in court, so what you are saying is you think an untested written contract is less binding than actually making a verbal contract.

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MrJinxed Avatar
907
MrJinxed replied to Belimawr
2 Years ago

a EULA isn't the same as a contract signed. Also, your whole post was done to put the other guy on the backfoot by asking for proof that it wasn't valid. In return I'm just asking can you cite a single case where it has had any sort of significance. If not, then your post is as much guessing and quarterback lawyering as the next guy.

Also, different countries has different laws when it comes to stuff like this, so it's for sure not universal.

0
Belimawr Avatar
1288
2 Years ago

but they have been used in court, where do you think the cease and desist orders come from that have went out to gold sellers and similar sites? or the time sites have been legally taken down for gold selling due to it being a breach of EULA? or the time gold selling firms have tried to take Blizzard to court over the EULA? if the EULA had no standing in law none of this would be possible as any time one of these came up the site/person under fire would just have to make a threat against the developer/publisher and they would win.

none of this happens as an EULA is legally binding, a digital signature is actually as legal as an actual signiture, hell when I took out my credit card I didn't need to sign a contract, I just checked a box that said I agreed to it.

this is the same as I have said with a verbal contract, there is no signature there isn't even a written document but it is still legally binding if someone wanted to push it in court.

as I said until someone actually beats an EULA they are a legally binding contract and as soon as someone does beat one all these firms will have their lawyers writing up a replacement.

so really if you can't find a time someone has actually defeated an EULA in court (as said the first would have possibly been Blizz Vs Valve but they settled outside of court as it served neither side to try the EULA's in court) there is no founding in the claim that an EULA doesn't stand up in court.

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Xerkics Avatar
428
2 Years ago

I think there was a case where the judge thrown a case out because EULA was absurd. I cant remember what it was off the top of my head. So there is precedent to this.

1
Belimawr Avatar
1288
2 Years ago

not really that is the same with any contract, there is a limit to what can be stipulated, so someone making absurd claims would void their own contract making defeating it invalid as the contract in itself would be a breach of law.

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brmorgen82 Avatar
58
2 Years ago

They really screwed up the voices with the enhanced edition, it is no longer funny.

Can they make a version with the enhancements, only with the old voices?

1