Gamer sues Punkbuster makers

by **shockwave203** » Fri Apr 02, 2004 3:26 pm

http://www.dslreports.com/forum/remark,9814907~mode=flat

he's planning on taking evenbalance, the makers of punkbuster, to court because he was globally banned from servers without reason.

"Like everyone else, I hate cheaters. I stopped playing Battlefield 1942 because of the number of cheaters. About 2 months ago, I heard that Punkbuster was now in BF 1942. My thought was "Great, now I can play again". As soon as I fired up the game, loaded up the patches and agreed with the Punkbuster EULA, I received a "Global Ban" notice. Wow, I then sent an email to Evenbalance and asked them about this. After 4 emails and 1 fax, they responded by saying "Either I cheated or someone used a key generator and was using my key. But at this point, your key will remain banned".

I then found their number and called them, they answered "Hello". I asked them if this was Even Balance and they said "yes". I then informed them who I was and what happened. I also informed them that I will be retaining an attorney to solve this problem. They then hungup. When I tried to call them back, they forwarded their number to a verizon voice mail.

I then contacted the Harris County, TX disbute resolution department and setup a date to meet with Evenbalance. They failed to respond to the letters or show up. The meeting was rescheduled and they failed to show up. For the third time a meeting was scheduled and they failed to show up. The Dispute Resolution department contacted me today and informed me that "Even Balance failed to respond to the letters and have since then disconnected their main number".

Harris county informed me that they will be sending me all the documentations and when I setup a court date, will show up in my behalf.

They then gave me a number to find out who "Even Balance" is registered too and their legal address. This is public information since this is a corporation.

I then was able to receive the direct number to Tony Ray at Even Balance. I called and this is the transcript:

TONY "Hello, this is Tony."

ME "Is this Even Balance?"

TONY "Yes it is"

ME "Hi, my name is so and so"

TONY "This is a bad time to talk and I'm really busy".

ME "Just wanted to inform you that you missed three appointments with me and Harris County"

TONY "I spoke with my attorney and I didn't have to attend those meetings. The only time I will attend is when there is a court date"

ME "No problem, I will be speaking with my attorney today and will set up a court date"

TONY "See you in court, and you have no chance to win and you will lose"

At that point, Tony hung up. Guess this goes to show you what kind of company Even Balance really is. When your trying to resolve a problem, their bottom line is "SCREW YOU-WE WILL WIN".

Soon, I will have a website up so I can receive money to help with this case. I'll also have a comment section where people can post other real examples. In the end, we will win

Thanks,

Quibbly"

I can sort of understand where he is coming from...but I mean, c'mon. Sueing the makers of punkbuster? I would have tried to forget the whole thing, get a new CD key from EA or buy another copy of BF1942.

by **JimmyTango** » Fri Apr 02, 2004 3:36 pm

The point is he bought a game to play and punkbuster is nto allowing him to play it. He shoudl not have to buy a new game to play it. I do nto know if this is true, but if it is, I hope punkbuster loses as they are clearly at fault since their product is the cause of this.

The same poster also says the he has a new CD-Key from EA/Dice.

by **Irish** » Fri Apr 02, 2004 3:40 pm

I hear that if you conatct EA they'll help you out also. This seems a little rough.

by **Bullhead** » Fri Apr 02, 2004 3:42 pm

At the least, PB could've figured out what he was banned for (their product, they should know). Then, if it was for cd-key, and it was already banned before he logged on (during his 2mo. absence, which BFtracks or the like should be able to verify), then they should at least be able to check all that out. Then he could go to EA and probably (hopefully) get a new CDkey.

If the information he posted is accurate about how PB handled themselves, they deserve to lose.

This was a fear of mine prior to PB and 1.6, and is very real, I believe, even if not common.

by **WeSSiN** » Fri Apr 02, 2004 3:54 pm

I have a strange feeling this guy tried to use cheats and got caught. I'm probably wrong though but we will see.

by **flapjack** » Fri Apr 02, 2004 3:57 pm

Doesn't PB ban him from using 3rd party servers with PB enabled. If so you pretty much have the right to kick anyone from your server for any reason. If the server agreed to the PB agreement they have conveyed PB a similiar right based on the terms of the agreement. I doubt PB will lose but this is bad business.

by **Bagginses** » Fri Apr 02, 2004 4:00 pm

#1, the kid could have contacted EA (which he did) and gotten a new CD-key. Yeah, EA doesn't just give them out but it's better than going to court.

#2, in the event the kid loses in court, he would have saved a ton more money by just going out to the store and buying a new copy then hiring a lawyer, and dealing with a possible counter-sue.

-Bagginses

by **NGame** » Fri Apr 02, 2004 4:11 pm

Still, it seems kind of silly for both sides to be so stubborn about it. But damn, it would be great if Even Balance lost this case.

by **WeSSiN** » Fri Apr 02, 2004 4:14 pm

Originally posted by NGame
But damn, it would be great if Even Balance lost this case.

WHY!?

by **RCinator** » Fri Apr 02, 2004 4:31 pm

Originally posted by Bagginses
#1, the kid could have contacted EA (which he did) and gotten a new CD-key. Yeah, EA doesn't just give them out but it's better than going to court.

#2, in the event the kid loses in court, he would have saved a ton more money by just going out to the store and buying a new copy then hiring a lawyer, and dealing with a possible counter-sue.

-Bagginses

It's not about the money - it's about the principle. Companies need to be accountable for their actions. If this guy's case is valid, then I applaud someone standing on principle.

by **Colonel Ingus** » Fri Apr 02, 2004 4:38 pm

PB won't tell you why you were banned because the hackers try that to find out what got them caught on their multi-hacks so they can change it to avoid capture in the future.

And you are wrong there Jimmy. His product works perfectly fine. He can play single player all he wants. Hell he can use hacks all he wants on NON PB servers. He just can't cheat and ruin the fun of the gamers who do utilize PB. Even EA is covered on this as their box says something about game play experience may change online.

Global GUID bans are different from kicks. You will get a 2 minute PB Kick for using a hack. You will get a GUID ban for using a hack that violates the EULA by PB.

I tend to be suspicious of this post. I am thinking I agree with Frick and that this is some hack who got busted. You should see all the "I'll sue!" threads that pop up on the cheat sites after a mass banning takes place.

Can this actually happen? I don't doubt it. But an average person would just call up EA and get another CD-key and go merrily on their way. This dude sounds like he wants PB gone, not chastened.

I like the "I took a two month break" Hmm right about the time PB and 1.6 was introduced. Funny how he would quit when a massive game change with two new maps were coming out and now that he's back he "for some unknown reason" is banned.

[edit] Like my first paragraph was meant to state (but didn't to clearly:D ) they know EXACTLY why he was banned they just don't share it.

by **MMmmGood** » Fri Apr 02, 2004 4:59 pm

Originally posted by Bullhead
At the least, PB could've figured out what he was banned for (their product, they should know). Then, if it was for cd-key, and it was already banned before he logged on (during his 2mo. absence, which BFtracks or the like should be able to verify), then they should at least be able to check all that out. Then he could go to EA and probably (hopefully) get a new CDkey.

If the information he posted is accurate about how PB handled themselves, they deserve to lose.

This was a fear of mine prior to PB and 1.6, and is very real, I believe, even if not common.

This guy is a fucking MORON.

1. When you install 1.6 you agree to PB EULA, which he stated he did.

2. PB is OPTIONAL software. You can choose not to install it.

3. He has no grounds to sue, and can claim no damages. The claim that his game is not 100% functional is not true. It was 100% functional at the time of purchase. He can play on any server he wants that is not PB enabled.

He will lose in court, period.

by **LeVar Burton** » Fri Apr 02, 2004 5:04 pm

I think Good is correctamundo, but it got me thinking... do the EA servers use punkbuster? Because if they do then it would seem like there would be an issue with being forced to use PB and then there might be grounds for action, especially if he was globally banned for nothing.

by **WeSSiN** » Fri Apr 02, 2004 5:10 pm

Originally posted by LeVar Burton
I think Good is correctamundo, but it got me thinking... do the EA servers use punkbuster? Because if they do then it would seem like there would be an issue with being forced to use PB and then there might be grounds for action, especially if he was globally banned for nothing.

But EA offered him a new CDKEY, so what would the problem be?

by **LeVar Burton** » Fri Apr 02, 2004 5:13 pm

Just the fact that you are being forced to install another company's software and agree to its terms to play an EA game. I would think that EA would at least have a few servers that don't use PB to cover their bases...

Gamer sues Punkbuster makers

Gamer sues Punkbuster makers

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