- sesquipadelian
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- Exalted Mythic Member
etc etc/glaringly obvious/and so on, and such <=Not redundant!
Posted by: Cr4ne Style
Taxes do nothing to affect the share of wealth, since taxes are only applied to income.
So that's not even a part of the conversation at all, so it's pointless talking about it....
"for a "best" moral to exist, there must exist the "best" moral base. If the base of morality varies from location to location, culture to culture...then there can't be an absolute moral..
Posted by: x Foman123 x
If the terms of the contract between Microsoft/Bungie do not pass legal title of the game to the retailer until September 25, then the retailer never has the appropriate legal title to the game that would enable such title to pass to the gamer before September 25. If the consumer buys the game from the retailer before the retailer has title to the game, then the consumer has basically bought nothing and does not own the game.
BB, you seem to be making a big assumption about the transfer of title inherent within the contracts between Microsoft/Bungie and the retailer. Without this leap of assumption that title is being withheld from the retailer (or, at least, until September 25), your theory cannot hold, either.
But to be honest, it's certainly possible that title to the game passes to the retailer at the same time as possession transfers, and the contract between Microsoft/Bungie and the retailer most likely prohibits the sale of the game until a certain date, while providing for severe liquidated damages in the event of early sales. That's just a guess, but if that's what the contract says, then the retailer is certainly allowed to pass title onto the buyer, and the buyer is legally in both possession and control of the game. It would be unfair to punish the buyer in that event; rather, it would be the retailer who would have to pay the damages.
The end result is that you are both falling a bit short in your legal analyses, and the fact is that unless you are a retailer or Microsoft or somehow otherwise have direct knowledge of the terms of the contract between Microsoft/Bungie and the retailer, you do not know whether a consumer who buys the game early actually has title to the game or not.
As for BB's idea of auto-banning users, I do not like this solution. The better solution is to wait for a person to try to post spoilers and then ban, as it would probably be too difficult and/or too much of a pain in the ass to tell who had the game appropriately (such as people who got promo copies, or Bungie employees themselves) and people who did not.
thanks for chiming in foman. while i am familiar with you from various posts in the forums, can you tell me why people solicited your view in this matter? i know that bersker has a growing background in law and he hoped that you would share your thoughts. are you an attorney? i am just curious.
as for your comments about the debate, your claims are consistent with mine: bb's claim is contingent upon the contract having clauses of one kind, and the rest of us are operating under the assumption that the contract is quite different. since none of us have access to the contract, all that we can do is make stabs in the dark.
i also agree that auto-banning users is a rotten idea. it seems that the only reason that bungie and microsoft would be upset with individual users playing the game prior to the release date (provided that they were not given the game by bungie or a related group) would be if they were going to share spoilers with the general public. halo is surely no harry potter, so the damages caused by leaks will not produce the same level of negative consequences as leaking the ending of a book from an established series. but, this is the end of a trilogy of a huge video game title, so we can expect them to vigilantly try to end all early spoilers. but, if people simply play the game prior to 9/25, even on xboxlive, then i doubt that any form of punishment is in order, and i doubt that bungie or microsoft would want to irk such players. at most they might not allow h3 discs to gain access to xboxlive until 9/25, but i doubt that as well. in any case, i am just making blind guesses, so we will have to watch for activity here in the forums.