SKG plans coming to fruition / Ubisoft sued by consumer watchdog

[Randrye]

Here we are. Subs in .vtt to strategically move them away from on-screen text

 

WEBVTT

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Hello! I have some news on the
Stop Killing Games campaign.

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Arguably our biggest news so far.

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Actually, I have two items,
so I'll just jump right in.

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The UFC-Que Choisir, a major
consumer advocacy group in France,

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is suing Ubisoft over removing
<i>The Crew</i> from customers.

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This is a big deal.

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I'll go over why, but let's
look at what they have to say.

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Now, the version I'm reading
is translated from French,

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so it's possible the wording
here may not be 100% accurate,

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but it's good enough
for the broad strokes.

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The UFC is suing Ubisoft
in the Créteil Judicial Court

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following the shutdown
of the servers for <i>The Crew.</i>

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"This unilateral decision rendered
the game completely unusable,

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"depriving consumers of any
access to a game they had purchased

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"without having ever been
informed of any 'expiration date.'"

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You know, I like how they're
putting "expiration date" in quotes,

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because games are code. If the storage
medium is good, they can last forever.

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Hey, here's a <i>book.</i>

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When do the words
in the book expire?

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Similar concept.

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Now, of course, the platform
the code runs on can change,

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but that's not the
game maker's fault.

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And I know a few out there
are saying, "I don't understand.

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"Games can also depend on
code not on the customer system,

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"or sometimes even
the publisher's."

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Yes, and doing that
with no end-of-life plan

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is exactly why Ubisoft
is getting into trouble.

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Let's continue.

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"Supported by the 'Stop
Killing Games' movement,

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"the association intends to obtain a crucial
court ruling on the following question:

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"Does the purchase of a video
game, in physical or digital format,

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"allow players to claim, at
a minimum, a right of use

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"totally independent of the sole will
and authorization of the publisher?

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"For the UFC-Que Choisir,
the answer is obviously YES,

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"which is why, through this action, it is
demanding the removal of certain unfair terms

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"from Ubisoft's contractual conditions
and the cessation of commercial practices

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"that it considers misleading
to the detriment of consumers."

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"UFC-Que Choisir believes that by abruptly
depriving players of all access to <i>The Crew,</i>

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Ubisoft has violated
fundamental consumer rights."

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"It is unacceptable that Ubisoft
considers, in its terms and conditions,

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"that players acquire only a
simple 'license to use' the game,

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"which would then be revocable
at any time by the publisher."

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Exactly. And look at the
terms they're contesting:

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"To deny consumers ownership
rights over acquired game copies",

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"to remove all access to
the game without guarantee

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"of maintaining an alternative
mode of operation for consumers".

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Now here's an area that could be a
language difference, or has some nuance.

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We of course don't think companies need
to maintain <i>anything</i> once support ends.

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They just have to not destroy
the damn game in the process.

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I think that's probably what they mean.

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"To make the use of the
game subject to online services

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"that may be interrupted at
any time by the publisher",

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and "to exclude any refund of
sums credited by consumers

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"to their Ubisoft electronic wallet."

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Okay, the wallet part
I'm a little unclear on,

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since that sounds like an additional
issue Ubisoft might be in trouble with.

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The wording on this sounds
like Ubisoft might have been

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fleecing people another
way with digital wallets <i>also.</i>

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That's not Stop Killing Games' issue,

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but we're certainly not complaining if
the UFC is adding that to their lawsuit.

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What I find more interesting
is the part above that,

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about not making the game
depend on online services

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that can be turned
off in the first place.

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That's a more radical stance
than what I've been aiming for.

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Not because I'm against it,

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but because this has been such an
uphill battle for us every step of the way.

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So I wanted to maximize our odds of
success, and that's an even bigger ask.

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So thank you, UFC, for pushing
the Overton window past where <i>I</i> am.

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With a lawsuit no less.

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I've seen many comments similar to
this before, saying publishers shouldn't

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make games require a connection
to them if they don't need to.

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I've never pushed that argument,

00:04:13.101 --> 00:04:18.026 line:20%
because you can bet publishers
will insist they always "need to"

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for every game they do it in.

00:04:20.067 --> 00:04:23.000 line:20%
They could just argue that
they need it to prevent piracy,

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or to ensure their microtransactions
aren't enabled by users offline.

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Well, under that logic, they "need"
to make the game connect to them.

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And on the flip side, I
can't think of any game

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that "needs" to be
hosted by the publisher

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if the customer has
access to the right software.

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I mean, there are customer-hosted private
servers for multiple MMORPGs today,

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some of which can host
thousands of players.

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So that line of argument always
felt more like a values clash,

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and was too subjective
for me to run with it.

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But hell, if the UFC
wants to, in court, great.

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"Beyond these contractual clauses,

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"[the UFC] also points to
misleading commercial practices

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"surrounding the sale
of the game <i>The Crew:</i>

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"players were never fairly informed

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"about the potentially temporary nature
of access to the game they were buying."

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Okay, this is the whole "labeling"
argument, which I'm not a fan of.

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Now you might think, "Well,
isn't this still pro-consumer?"

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Sort of. Here's the thing.

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If we solve <i>this,</i>

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removing all access to the
game without any guarantee

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of maintaining an alternative
mode of operation for consumers,

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then we don't <i>need</i> clear labeling, because
then the problem isn't even present anymore.

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To their credit, Ubisoft <i>did</i> tell you
they could screw you at any time

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when they sold <i>The Crew,</i>
and many other games.

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Our issue has never been that
they didn't say that clearly enough,

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but that they're engaged in
this practice in the first place.

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But I don't know French
legal procedures,

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so maybe this is just to
buttress the larger issues

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to show they're screwing
people every which way,

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and this wasn't just
some honest mistake.

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"Through this legal action, UFC-Que Choisir

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"intends to put an end to
these harmful practices,

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"obtain the removal of
the disputed clauses,

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"and to have the harm done to the collective
interests of consumers recognized."

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This is such a breath of fresh air.

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Over the years, I've gotten
tired of hearing the argument

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that buying a game
entitles you to nothing,

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and the only problem with that

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is that people aren't being told
<i>clearly</i> that they're entitled to nothing.

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How about <i>no?</i>

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How about we just
enforce basic rights

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and stop publishers from selling games
based on scam business practices?

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Oh, and look at this:

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"The case of <i>The Crew</i> illustrates a
worrying trend in the video game market.

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"more and more games require
a constant internet connection,

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"allowing publishers to remotely disable
games legitimately purchased by consumers

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"without justification or
alternative solutions."

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Damn <i>straight</i>.

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"This trend is also accompanied
by other problematic issues,

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"such as the growing reliance on paid [DLC]
and arbitrary banning of user accounts."

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Look at the UFC pushing that Overton
window! Swinging for the fences!

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Then they go on to point out
how they've been bros in the past,

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taking on unjust bans and planned
obsolescence of Nintendo Switch controllers.

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Then they talk about how this is a
problem for preservation, and end it with:

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"a game purchased by a consumer

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"cannot literally disappear at
the sole whim of its publisher."

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Well, unfortunately, it can,

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but it shouldn't, and that's
what we're trying to change.

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But that is <i>outstanding.</i>

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I know I sure appreciate the
UFC taking this issue to court.

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Now, I confess, I've actually known this
was coming for a while now, over a year.

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I didn't know when, but I was
told not to say anything about it

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until it was official, so I didn't.

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All I was allowed to say was
that the UFC <i>might</i> look into this.

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Well, they did.

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Now I'm very happy about this,

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because I think this is actually the first
concrete action to come out of the campaign.

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I mean, sure, we've done
government petitions,

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gotten the signatures for the
European Citizens' Initiative,

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filed complaints to consumer agencies,
talked to the EU Commission,

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but that's all just been
asking for help, essentially.

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This is different.

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This is pressing charges against the
company for breaking the law on this issue.

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Now, some may point
out that Ubisoft already

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had another lawsuit going
on over <i>The Crew</i> in California,

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but I've said before in
another video, that wasn't us,

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and even if that one's successful,
I think it will be on a technicality,

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and won't prevent future
games from being destroyed.

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This one from the UFC, however, is the
real deal, and could shift industry behavior.

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And it's taken two years to get here.

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I see all this like planting seeds, and this
is the first sprout to come out of the soil.

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Well, we've been planting a lot of seeds.

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It's worth mentioning that our
complaints sent to the DGCCRF earlier,

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France's consumer protection agency,
are completely separate from this.

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The decision from them is still ongoing,

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so Ubisoft might be facing
three lawsuits for all I know.

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Or maybe more!

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France's consumer laws
are not radically different

00:09:27.321 --> 00:09:30.483
from many other countries
across the European Union.

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So while they're certainly
leading the charge,

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it's possible we could see penalties
emerging down the line for publishers

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engaged in this practice from Germany,
Spain, Sweden, Poland, and so on.

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Now, that's all going to take
a lot of time and organization,

00:09:45.300 --> 00:09:48.820
but this is a big step towards
getting the law enforced.

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The more attention and transparency
this issue gets, the better it is for us.

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Yeah, that's one area where we
disagree with the industry a little bit.

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We don't think it's <i>customers</i>
that are the ones that need to be

00:10:01.067 --> 00:10:03.833
better informed about
what publishers are doing.

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We think it's judges and regulators that
should be more clearly informed about that.

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And it's worth mentioning,
this is all happening at a time

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where we still have no new law
on the issue of game destruction.

00:10:16.008 --> 00:10:21.166
We're certainly trying to do that also, since
that will make this all go faster and easier,

00:10:21.167 --> 00:10:25.686
but Ubisoft is getting sued on the
grounds of existing law in France.

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Which means if
they're found guilty,

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that could open up the door for the rest
of the industry engaged in this practice.

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Believe it or not, our goal isn't actually
to dogpile on Ubisoft. That's coincidental.

00:10:38.133 --> 00:10:42.533
They just made themselves the perfect target
to get the ball rolling out of all of this.

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It's a much bigger issue across
the video games industry.

00:10:45.583 --> 00:10:49.673
Ironically, Ubisoft themselves
released server source code

00:10:49.674 --> 00:10:52.406
to <i>World in Conflict</i> after shutdown,

00:10:52.407 --> 00:10:57.033
preserving its online multiplayer, which is
above and beyond what we're asking for.

00:10:57.033 --> 00:10:59.400
So sometimes they're
going the extra distance

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by doing more than anyone
expects for preservation,

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and other times they're
likely breaking the law

00:11:05.701 --> 00:11:08.983
in order to not do the bare
minimum of responsibility.

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It's just kind of chaotic
behavior, really.

00:11:12.783 --> 00:11:15.033
Anyway, another reason
I'm happy about this,

00:11:15.034 --> 00:11:18.283
is this kind of validates what
I've been saying for years now.

00:11:18.283 --> 00:11:21.983
That the practice of game
destruction is so consumer-hostile,

00:11:21.984 --> 00:11:25.568
I really think it does violate
the law in many countries.

00:11:25.633 --> 00:11:27.073
Especially France!

00:11:27.483 --> 00:11:30.406
However, I'm still just
a chump YouTuber,

00:11:30.407 --> 00:11:34.183
so I realize I don't have the credibility
for many people to believe that.

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Even when I have evidence.

00:11:36.133 --> 00:11:39.283
But the UFC's actions speak volumes.

00:11:39.283 --> 00:11:41.400
They never would
have started a lawsuit

00:11:41.401 --> 00:11:44.183
if they didn't think there
was a legal basis for it.

00:11:44.183 --> 00:11:47.083
Now gamers are not
known for their patience.

00:11:47.733 --> 00:11:52.021
Except maybe <i>Half-Life</i> or <i>Star
Citizen</i> fans. They're pretty patient.

00:11:52.596 --> 00:11:57.066
So I can understand why there's skepticism
of Stop Killing Games accomplishing things,

00:11:57.067 --> 00:11:59.267
because it has taken a long time.

00:11:59.533 --> 00:12:03.949
Government moves slowly, but
things are moving, and this is the proof.

00:12:04.733 --> 00:12:08.083
I really think we're going
to win this in the long term.

00:12:08.083 --> 00:12:10.260
Okay, so that's the first news.

00:12:10.619 --> 00:12:13.200
The other news is the
European Citizens' Initiative

00:12:13.201 --> 00:12:17.425
will be having its official hearing
in EU Parliament on April 16th.

00:12:18.133 --> 00:12:22.166
Now as I understand it, we already
have Parliament majority support.

00:12:22.167 --> 00:12:24.683
But this is going to
boost it even more.

00:12:24.683 --> 00:12:26.866
And to escalate
things on my end,

00:12:26.867 --> 00:12:30.515
apparently I'm going to be
invited to attend as a speaker.

00:12:31.383 --> 00:12:35.300
Now I never even knew that was
an option until a few days ago.

00:12:35.301 --> 00:12:38.333
I thought at most all I
could be was an observer.

00:12:38.333 --> 00:12:41.083
I wasn't even sure if there
was a point in me attending.

00:12:41.083 --> 00:12:44.731
But no, apparently the Initiative
wants me to speak there.

00:12:45.233 --> 00:12:47.100
I do not know how much.

00:12:47.533 --> 00:12:49.733
There will be lawyers
and developers there,

00:12:49.734 --> 00:12:53.083
so I don't think I'll have to speak
on anything too specialized.

00:12:53.083 --> 00:12:57.947
If I had to guess, I think they want
me to tag along for miscellaneous stuff.

00:12:58.133 --> 00:13:03.253
I'd say the things I have going for me
on this are I'm <i>very</i> aware of the problem,

00:13:03.383 --> 00:13:07.283
and I've probably heard every
opposition argument under the sun

00:13:07.283 --> 00:13:11.233
as to why companies should be
allowed to destroy games you've paid for.

00:13:11.233 --> 00:13:13.933
I can swat that stuff down all day.

00:13:14.733 --> 00:13:19.033
So I guess I'm going to EU
Parliament in a few weeks.

00:13:19.033 --> 00:13:22.566
Oh yeah, I'm sure I'll
look like I belong there.

00:13:23.532 --> 00:13:26.313
Now later that day there's going
to be another press conference.

00:13:26.314 --> 00:13:28.647
This one may be bigger than before.

00:13:29.033 --> 00:13:32.633
And I've been asked to mention
Alderaan Games is helping to sponsor that,

00:13:32.634 --> 00:13:34.666
which makes <i>Path of Titans.</i>

00:13:34.667 --> 00:13:38.984
They're not sponsoring this video,
though. I'm saying this voluntarily.

00:13:38.984 --> 00:13:42.866
And I should mention we've also
had help before from the game <i>Torn.</i>

00:13:42.866 --> 00:13:46.115
I like the irony that both
of these are online games,

00:13:46.115 --> 00:13:49.865
so clearly <i>they</i> think they
can handle an end-of-life plan.

00:13:49.866 --> 00:13:53.740
And joining with Stop Killing
Games is DoesItPlay.org,

00:13:53.753 --> 00:13:56.233
which might be the best
index around for determining

00:13:56.234 --> 00:13:58.878
how safe physical
copies of games are.

00:13:59.215 --> 00:14:02.673
I'll almost certainly be talking
at the press conference.

00:14:02.674 --> 00:14:07.858
I might even be the host. It depends on if
we can find someone better before then.

00:14:07.915 --> 00:14:12.865
Speaking of which, if you're a streamer,
YouTuber, or just press in general,

00:14:12.889 --> 00:14:18.314
and you would like to attend, either
in person or online, let us know.

00:14:18.315 --> 00:14:21.965
You'll likely be able to ask questions
and be part of the conversation.

00:14:21.965 --> 00:14:25.865 line:20%
Contact this email for Stop Killing Games.

00:14:25.866 --> 00:14:28.615 line:20%
This is a new one being set up by the NGO.

00:14:28.615 --> 00:14:31.215 line:20%
Anything official, you should send here.

00:14:31.415 --> 00:14:34.480 line:20%
Now the website, StopKillingGames.com,

00:14:34.481 --> 00:14:37.766 line:20%
still has my personal mail, since
that's left over from the beginning,

00:14:37.767 --> 00:14:39.900 line:20%
where I had to play the
role of lighthouse keeper,

00:14:39.901 --> 00:14:42.115 line:20%
otherwise things
would have fallen apart.

00:14:42.115 --> 00:14:45.193 line:20%
You can still contact me
personally about whatever,

00:14:45.194 --> 00:14:48.300 line:20%
but anything specifically for the
Stop Killing Games movement

00:14:48.301 --> 00:14:50.486 line:20%
should be sent to the new address.

00:14:50.487 --> 00:14:52.060
Speaking of which,

00:14:52.061 --> 00:14:56.133
the website, as it is now, is going
to be retired in the near future,

00:14:56.134 --> 00:14:58.800
as it's mostly served
its purpose on my end.

00:14:58.800 --> 00:15:01.467
You're welcome to back it up if you want.

00:15:01.467 --> 00:15:05.866
I intend to hand it over to the NGO for
them to do whatever they want with it.

00:15:05.866 --> 00:15:08.033
I don't even know all their plans,

00:15:08.034 --> 00:15:11.066
but I hope watchdog action,
similar to what we do with <i>The Crew,</i>

00:15:11.067 --> 00:15:13.200
is part of it in the
future for other games.

00:15:14.200 --> 00:15:15.813
Alright, that's it.

00:15:15.814 --> 00:15:20.413
Ubisoft is getting sued, and I have a bunch
of homework to do for EU Parliament.

00:15:20.414 --> 00:15:21.614
See ya!

 

[danielsangeo]

Subs up!