Spoiler
I have submitted a trouble ticket which was closed without even bothering to notify me. It seems that your company fails to recognize the fact that you exist as a service provider. Du to this fact, I would think customer service would matter to you. Perhaps I'm mistaken, everything I've seen thus far indicates an unwillingness to even attempt to resolve issues which occur with your product. As your product can, in effect, devalue another person's personal property, I would think you would consider your potential liability as powerful motivation to work with consumers when issues arise.
Before you provide the canned answer which you have offered to the other individuals who have approached your organization regarding this issue. I AM NOT REQUESTING A NEW CD KEY. I am requesting something which I know FOR A FACT is within your power. Which is to consider for a moment that you may be in error in banning a GUID in the first place, or that the GUID was being spoofed by an individual (it is possible, there are plenty of GUID spoofing utillities, I found several just googling) and therefore whoever was spoofing the GUID has no doubt moved on to an ID which has not yet been banned.
Below is an excerpt from my trouble ticket (which was ignored), please read it in its entirety before simply fobbing off some non-sensical garbage on me. In my post I do not insult your intelligence. Do not insult mine in your answer.
My problem is regarding your modus operandi with your global ban list. I wonder perhaps why you do not have an appeal process for people who's GUID's have been banned due to an error on your part or due to theft or intentional data-manipulation.
You have made statements to an associate of mine that you could not un-ban his GUID because that would allow the cheater to play again; this is ludicrous. If my associate is telling the truth (which I know for a fact that he is) then either you made a mistake (I'm sure that never happens?) or his key was stolen or spoofed. If his key was stolen or someone was spoofing his ID, then as soon as it was banned the offender would no doubt have moved onto another ID. Or are you seriously suggesting that these individuals can spoof an ID once but never again? Or were only able to steal one key? I'm not that naive, are you?
The second problem I have is your solution to resolve issues of this nature is basically that a person must replace the game which utilizes your product in order to correct the issue. If the ban is in fact a result of an error on your part then you are in fact liable for replacement. By globally banning a hardware ID or GUID you have materially damaged another person's property and if said damage is the direct result of negligence (or intentional tampering) on your part then you are the responsible party for rectifying this situation. If this has happened significant number of times this could even become an actionable case on a larger scale (can you say class action suit?). From briefly researching; I have found a significant number of forums which contain posts from users who claim to have damages to their software that result from your product (ie they can no longer fully utilize their software due to your global ban list). I know what you're thinking and don't even get me started on the boiler-plate you guys attach to your product to protect yourselves, it doesn't indemnify you against damages resulting from your own negligence. You know as well as I do that in civil actions the juries almost always side with individuals over corporations unless the corporation has Ironclad proof that the person in question was indeed the party at fault. In this case you stated in direct correspondence that you could not prove that he cheated or who had cheated using his GUID. Therefore you have no proof he is the one at fault.
Also, I would like to inquire as to how you profit in this arrangement with the software developers. If you are charging the software developers (a cost which they would no doubt pass on to consumers) to include your product, then damaging said product through negligence (or god forbid intentional action on your part) then forcing the person to repurchase the product resulting in net profit to your organization, then the term fraud could easily be applied to this scenario.
It seems far more reasonable for you to allow at least one appeal. If the person in question had their GUID banned due to a mistake on your part or due to an individual spoofing their GUID then likely no further issues should occur after the id is un-banned. If they legitimately should be banned they will no doubt be caught again. For that matter just because a person has cheated once doesn't mean they would not learn the error of their ways. If your product is as effective as you claim, giving consumers who claim to have been wrongly accused a second chance should cause no harm. Unless, that is, of course your primary aim is to force consumers to buy new copies of software which results in a profit for you.
Again, I would like to request in the interest of fair business practices that you at least consider my request to remove the GUID - xxxxxxxxxxxxxxxxxxxxxxx from your global ban list.
Before you provide the canned answer which you have offered to the other individuals who have approached your organization regarding this issue. I AM NOT REQUESTING A NEW CD KEY. I am requesting something which I know FOR A FACT is within your power. Which is to consider for a moment that you may be in error in banning a GUID in the first place, or that the GUID was being spoofed by an individual (it is possible, there are plenty of GUID spoofing utillities, I found several just googling) and therefore whoever was spoofing the GUID has no doubt moved on to an ID which has not yet been banned.
Below is an excerpt from my trouble ticket (which was ignored), please read it in its entirety before simply fobbing off some non-sensical garbage on me. In my post I do not insult your intelligence. Do not insult mine in your answer.
My problem is regarding your modus operandi with your global ban list. I wonder perhaps why you do not have an appeal process for people who's GUID's have been banned due to an error on your part or due to theft or intentional data-manipulation.
You have made statements to an associate of mine that you could not un-ban his GUID because that would allow the cheater to play again; this is ludicrous. If my associate is telling the truth (which I know for a fact that he is) then either you made a mistake (I'm sure that never happens?) or his key was stolen or spoofed. If his key was stolen or someone was spoofing his ID, then as soon as it was banned the offender would no doubt have moved onto another ID. Or are you seriously suggesting that these individuals can spoof an ID once but never again? Or were only able to steal one key? I'm not that naive, are you?
The second problem I have is your solution to resolve issues of this nature is basically that a person must replace the game which utilizes your product in order to correct the issue. If the ban is in fact a result of an error on your part then you are in fact liable for replacement. By globally banning a hardware ID or GUID you have materially damaged another person's property and if said damage is the direct result of negligence (or intentional tampering) on your part then you are the responsible party for rectifying this situation. If this has happened significant number of times this could even become an actionable case on a larger scale (can you say class action suit?). From briefly researching; I have found a significant number of forums which contain posts from users who claim to have damages to their software that result from your product (ie they can no longer fully utilize their software due to your global ban list). I know what you're thinking and don't even get me started on the boiler-plate you guys attach to your product to protect yourselves, it doesn't indemnify you against damages resulting from your own negligence. You know as well as I do that in civil actions the juries almost always side with individuals over corporations unless the corporation has Ironclad proof that the person in question was indeed the party at fault. In this case you stated in direct correspondence that you could not prove that he cheated or who had cheated using his GUID. Therefore you have no proof he is the one at fault.
Also, I would like to inquire as to how you profit in this arrangement with the software developers. If you are charging the software developers (a cost which they would no doubt pass on to consumers) to include your product, then damaging said product through negligence (or god forbid intentional action on your part) then forcing the person to repurchase the product resulting in net profit to your organization, then the term fraud could easily be applied to this scenario.
It seems far more reasonable for you to allow at least one appeal. If the person in question had their GUID banned due to a mistake on your part or due to an individual spoofing their GUID then likely no further issues should occur after the id is un-banned. If they legitimately should be banned they will no doubt be caught again. For that matter just because a person has cheated once doesn't mean they would not learn the error of their ways. If your product is as effective as you claim, giving consumers who claim to have been wrongly accused a second chance should cause no harm. Unless, that is, of course your primary aim is to force consumers to buy new copies of software which results in a profit for you.
Again, I would like to request in the interest of fair business practices that you at least consider my request to remove the GUID - xxxxxxxxxxxxxxxxxxxxxxx from your global ban list.
Spread the word, if you post this message on a couple forums and others do the same perhaps those of us who have been wronged by evenbalance's Draconian tactics may be able to get a fair chance.


This topic is locked











