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Court: No Freedom of Speech

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Dilbert2001
Jun Gold Premier Club Member 2006

Dilbert2001

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In Plain English: Court Throws Out Jagex Ban Lawsuit After Five Days.


An interesting court case against Jagex and as expected it has no leg to stand... but more interesting perhaps is it got thrown out in just 5 days.

http://mmofallout.com/in-plain-english-court-throws-out-jagex-ban-lawsuit-after-five-days/

So that we know Jagex can mute us in game when they want, because they are a private entity and the First and Fifth Amendments don't apply to them.

19-Jul-2019 01:11:34

Dilbert2001
Jun Gold Premier Club Member 2006

Dilbert2001

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FknBasalt said:
Jagex is a British company you bucket of gravy the american constitution doesn't apply to them anyway.


When they conduct their business in the USA, all USA laws still apply to Jagex... however, just like all the USA private entities, Jagex has the right to mute their users.

Let's say you run a small blog in the USA. You are the owner of a USA company but you still has the rights to mute your users if you want to.

19-Jul-2019 01:34:00

Dilbert2001
Jun Gold Premier Club Member 2006

Dilbert2001

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Jeremy Cheng said:
So rs3 is a dictatorship. got it.


No. It means every private entity can be a dictatorship on what their users can or can't say/write.

The plantiff in this lawsuit also did not contest the content he put up in game. Perhaps he realized he posted something inappropriate and got censored/muted but he tried to argue he has freedom of speech but failed miserably.

Now that we know going forward, we can't use our freedom of speech to post nonsense or whatever garbage not allowed in Jagex's (or other private entities's) domains.

19-Jul-2019 01:41:11

Lisaa
Jun Gold Premier Club Member 2014

Lisaa

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Jeremy Cheng said:
So rs3 is a dictatorship. got it.
It means businesses have the right to remove unruly patrons from their establishments.
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19-Jul-2019 02:04:30

Hmm
Jan Gold Premier Club Member 2016

Hmm

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Dilbert2001 said:

Now that we know going forward, we can't use our freedom of speech to post nonsense or whatever garbage not allowed in Jagex's (or other private entities's) domains.


In the US, there's nearly 200 other countries, US law doesn't apply to all of them.

And this isn't news to the US, which is why the case was thrown out so soon, this isn't a landmark case at all, it's a frivolous lawsuit that got rejected entirely rather than processed.

We also knew Jagex can mute us whenever they want, because if it says so in their terms and conditions, which you are bound to upon making an account.

Original message details are unavailable.


References to "Stopping" or to "Stop" an account includes temporarily or permanently banning or muting an account

...

If, acting reasonably, we consider that:

our terms and conditions or any Jagex Product rules - have or may have been breached;
there has been fraudulent, unlawful or abusive activity; or
it is necessary in order to prevent or stop any harm or damage to us, to any Jagex Product, to other players or the general public

We may at any time: (i) Stop (as defined above) any or all accounts for Jagex Products;



Please feel free to make sure you've fully read and understand the terms of conditions.

19-Jul-2019 02:26:13 - Last edited on 19-Jul-2019 02:26:41 by Hmm

Sicariu
Feb Gold Premier Club Member 2011

Sicariu

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You don't even own your account, you rent it from Jagex. All players agree to the Terms & Conditions, so there's nothing to even argue in court.

https://www.jagex.com/en-GB/terms

"All intellectual property or other rights in any game character, account, content, virtual currency and virtual items in the Jagex Products are and will remain the property of Jagex and/or its licensors. You are only granted limited permission (which can be revoked at anytime) to use such content or Jagex Product, subject to and in accordance with these terms and conditions."

"NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE OR OTHER PROPERTY INTEREST IN ANY JAGEX PRODUCT OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF JAGEX."

"Jagex reserves the right to stop offering a Jagex Product or a particular part of a Jagex Product at any time either permanently or temporarily, at which point any license granted to you to use the Jagex Product or a part thereof will be automatically terminated or suspended."

"Any use of a Jagex Product not in accordance with the game rules exceeds the scope of the license granted by these terms and conditions and is prohibited."

Just pulled out some relevant quotes from the terms
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19-Jul-2019 02:28:33

Dilbert2001
Jun Gold Premier Club Member 2006

Dilbert2001

Posts: 10,172Opal Posts by user Forum Profile RuneMetrics Profile
Hmm said:
Dilbert2001 said:

Now that we know going forward, we can't use our freedom of speech to post nonsense or whatever garbage not allowed in Jagex's (or other private entities's) domains.


In the US, there's nearly 200 other countries, US law doesn't apply to all of them.

And this isn't news to the US, which is why the case was thrown out so soon, this isn't a landmark case at all, it's a frivolous lawsuit that got rejected entirely rather than processed.

We also knew Jagex can mute us whenever they want, because if it says so in their terms and conditions, which you are bound to upon making an account.

Original message details are unavailable.


References to "Stopping" or to "Stop" an account includes temporarily or permanently banning or muting an account

...

If, acting reasonably, we consider that:

our terms and conditions or any Jagex Product rules - have or may have been breached;
there has been fraudulent, unlawful or abusive activity; or
it is necessary in order to prevent or stop any harm or damage to us, to any Jagex Product, to other players or the general public

We may at any time: (i) Stop (as defined above) any or all accounts for Jagex Products;



Please feel free to make sure you've fully read and understand the terms of conditions.


Please tell the ones who insist they have freedom of speech in Jagex's game and these RSOF. That's my point. Not that it is a landmark case, it is just some delusional Jagex players or forum users don't know. :D

19-Jul-2019 02:36:38

Hmm
Jan Gold Premier Club Member 2016

Hmm

Posts: 12,211Opal Posts by user Forum Profile RuneMetrics Profile
No one insists this, because the rest of us have read the American Constition and the Terms and Conditions, as well as have an expert knowledge of judicial interpretation, case law, and the internal policies and regulations of law, in every country worldwide, as well as a firm grasp of philosophy and ethics of every known culture.

I cannot believe there are plebs who would otherwise lack this knowledge, it's absolutely astonishing to me, ASTONISHING I TELL YOU.

Afterall, everyone knows the legal doctrine, Nolite fraudare. Scio te in apparatus usus est interpres.

19-Jul-2019 02:38:52 - Last edited on 19-Jul-2019 02:46:29 by Hmm

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