Here’s the text…(Note, this is from the updated version of the Origin software…each time it updates (and it’s still currently Beta), you have to have agree again…no refund button that I can see if you would prefer to demure).
And this is my point. At no point in the purchasing of this product (Battlefield 3), was I informed I had to download another product (Origin, an EA marketing platform, required by Battlefield 3 to run properly). which would require me to give up my rights in order to use them.
17. Dispute Resolution By Binding Arbitration.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
A. Most user concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your Account at http://support.ea.com/. In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has with you after attempting to do so informally), then you and EA agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland and the Member States of the European Union. By entering into this Agreement, you and EA expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. It covers any and all disputes between us (“Disputes”), including without limitation:
(a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
(b) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
(c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(d) claims that may arise after the termination of this Agreement.
Note that last one…anything and everything this company (or any company that buys this company) every does to you, you’ve just given up your right to do anything about it.
These clauses are now common (AND BINDING IN THE UNITED STATES) thanks to the Supreme Court decision covered back here.
I would hope, somehow, that entertainment product requiring the giving up of rights like this would be banned…but then again…they could just require you give up that right too.
The question is if this is going to hurt them in the marketplace. Will it matter? Or will it not matter until it’s too late, and someone does go nefarious with this stuff (i.e a foreign government/corporation builds an intentional trojan) and we get the plot to a cool movie.