What a bottle of wine and a university degree does in his spare time

Discussion in 'Speakers‘ Corner' started by krislee, Oct 20, 2021.

Dear forum reader,

if you’d like to actively participate on the forum by joining discussions or starting your own threads or topics, please log into the game first. If you do not have a game account, you will need to register for one. We look forward to your next visit! CLICK HERE
  1. krislee

    krislee Forum Apprentice

    Hello everyone,

    I, just like lots of other players within this game, am pretty confused about the news surrounding the old discord mod team. Since I just bought a nice bottle of red wine and had some spare time on my hands I decided to take a good look into Bigpoints terms and conditions for users (and moderators if they indeed have a user contract just like normal players have). Here are some crucial sections. The underlined texts are the most important.

    5.1 The User accepts these Terms and Conditions as binding when submitting their User Application and using Bigpoint Games and/or Services. These Terms and Conditions apply to every login within the scope of the Services and to participation in the Games and/or other use of the Services.

    1.2.8 The use of programs that place an excessive load on the Services are strictly forbidden, and this applies to the use of ANY SOFTWARE that would influence normal gameplay, in particular programs that systematically or automatically control games or individual game functions (bots, macros, etc.). Any reproduction, analysis or modification of the Games, Game components or content provided within the scope of the Services is also prohibited.

    11.1 Users shall be directly and immediately liable to third parties for violating any of their rights. The User shall indemnify and hold Bigpoint harmless from any damage caused by the User’s failure to observe these Terms and Conditions. The User shall indemnify and hold Bigpoint harmless from any claims by third parties against Bigpoint for violations of their rights arising from content posted by the User or due to an infringement of other obligations. Users shall also be liable for any costs incurred by Bigpoint for legal defence, including court costs and legal fees. This shall not apply if the User is not liable for such infringement.

    8.4 Blocking of the User Notwithstanding the right of termination, Bigpoint is entitled to temporarily block the User’s access to the Services should any suspicion arise of an abuse of the Games or Services provided by Bigpoint (in particular a violation of the prohibitions in section 1.2 and or any other unauthorised manipulation) and/or with respect to the User’s conduct that would entitle Bigpoint to an extraordinary termination in accordance with section 8.3.

    10.2 Users will immediately notify Bigpoint of any faults upon detection of such. For the purposes of evidence, it is advisable to submit such reports in writing (by fax, letter or the Support contact form) to Bigpoint.

    General Terms and Conditions for Bigpoint GmbH (herinafter Bigpoint)
    Hamburg, 1.11.2016

    I hope this will give some insight. To Sum it up the old discord mod team has acted illegally according to (section 1.2.8 and section 10.2 from the Terms and Conditions). Therefor Bigpoint has the right to enact article 8.4 upon these users.

    Ps : There may have been some more rules that have been broken stated within different contracts. Franky I don’t know if they have indeed signed other contracts.
    Ups, the bottle is almost empty, well guess time really goes fast when you are having fun :)
    Last edited: Oct 20, 2021
  2. trakilaki

    trakilaki Living Forum Legend

    Not really. That goes for illegal software, what they were using is official tool.
    On top of it I am quite sure the ones who were supposed to control them knew pretty well what they were doing. Yet they had done nothing.

    Now ... that doesn't mean they have done nothing illegal. What they have done is pretty much all illegal.
    Let's see why.
    They have misused official tools on live servers. Live server is a place where customers pay real money and where the company is making profit. They can have controlled access to such tools and perform strictly controlled actions on live servers under supervision of BP employee. In example that is how support officers are fixing everyday issues.
    Mods and admins ARE NOT employees. But not even employees can do whatever they like on live servers. Not even employees can use god mode or created admin godlike characters and enter in competition with players. Especially not in PvP arenas.
    To make an analogy ... that would be like people in casinos spending money and placing bets in example on roulette and the employees in the casino are using their "tools" and fake the outcome. That is punishable by law ... we call it a fraud.
    Players are paying real money in order to make strong characters ... entering in competition with admin toon is a fraud. Live servers are the bread and butter of the company ... you don't poop where you eat.
    Employees or even mods and admins (when controlled) can only run such characters in specific situations ... like promoting the game.
    That would be in example playing with Thabo on live servers and helping players or even giving them small rewards. That is a game promotion.
    But the problem is not just the fact that they were misusing those tools on live servers ... the problem is the employees knew what are they doing. Those who gave them access to such tools knew or should have known what were they doing.
    Let's make it clear ... the discord mods and admins are not real BP mods and admins, they were acquired by the CM and never went through proper filters and trials ... and most importantly it is more than obvious they never went through any training.
    But that is not their fault. The fault is clearly on those employees who never enabled them a proper training and never told them what are their limits. That is incompetence of a highest order.
    So yes, that was illegal but you can't just throw them into the oven and use them as a scapegoat. The fault is on those who let them do such things.
    But honestly ... something isn't right here and it stinks really bad :) they knew about it all this time ... and now they just made a scene out of it. Why? what is the background? :)
  3. danielcarol3

    danielcarol3 Someday Author

    It smells like a mod who wants forgiveness, I don't know anyway, it's speculation
  4. kuwabaraz

    kuwabaraz Forum Duke

    Probably the game is having big problems and in the space of about 1 month they have lost a big chunk of users and if they fought a lot at BP, most of the users who left, have funded the game!

    So, after bad management, they will probably try to whitewash the walls of the house hoping that everything they have done will take a back seat!