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quibbly
Premium
join:2003-02-07
Sugar Land, TX

1 recommendation

Even Balance (PUNKBUSTER) Problems

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


biggbrother
Premium
join:2001-11-07
Providence, RI
Simple questions.

Did your purchase your copy of BF1942 from a retailer such as Best Buy or CompUSA etc?

Was it completley shrink-wrapped?

Have you ever made a copy of the disk or let anyone else borrow BF1942 while you were inactive?

Did anyone have physical access to your BF1942 CD (i.e. a relative or friend)?
--
Sergeant First Class, Battalion HQ - [BBR]Biggbrother America's Army


clowny
Premium
join:2003-09-09
Crystal Lake, IL
reply to quibbly
Have you tried contacting dice/EA about your cd key problem & possibly getting a replacement? Explaining to them that you issued a lawsuit over this might help you out, with proof of ownership of course.

I remember valve would issue new keys to people that got screwed by keygens & couldn't log in to WON.

Good Luck!

waynemr

join:2002-01-28
Madison, WI
reply to quibbly
Did you actually read the agreement you clicked through, with the PunkBuster install? I hate to say it, but you will probably just be wasting your time with a lawsuit. This is not a statement agreeing or disagreeing with what happened - just pointing out some legal issues you might need to overcome. I would go back and look at that agreement, with your lawyer and see what your options are. Realistically, a more effective approach might be to go directly to EA with the case. Maybe they can provide you with info on who may be using your key.


quibbly
Premium
join:2003-02-07
Sugar Land, TX
reply to quibbly
EA stated they will replace my key. Thanks not the problem. The problem is how much power and the open ended EULA that Even Balance has. It's also the attitude that I have received with Even Balance in regards to this problem. With all the emails, faxes and contact with Harris County mitigation, they fail to respond or submit proof that either 1) someone used my key or 2) submit proof of a hack.

Evenbalance is pretending to be both judge and jury in this matter without any proof, or any form of communication. I have acted professionally in regards to this, why are they: changing their phone numbers, using a PO Box, failing to respond to legal documentation from Harris County? If they were an up to par company, they would have shown up to the three mitigation meetings.

Quibbly


Ray
Mahnahmahna
Premium
join:2001-04-02
Gilbert, AZ
You're going to lose. Try not to spend too much money on your losing battle.
--
Good, fast, or cheap - pick any two.


Dogwood
Premium
join:2001-01-14
Texas
reply to quibbly
And when you lose, you will have to pay for Evenbalance's attorney fees, and they won't be cheap.
Not trying to put you down, but the PB Licencing Agreement will cover themselves very nicely, perhaps your attorney should read it.
--
Proud Member of: Team Discovery
BBR ET Clan Leader BBr|ET


CylonRed
Premium,MVM
join:2000-07-06
Bloom County
reply to quibbly
said by quibbly:
EA stated they will replace my key. Thanks not the problem. The problem is how much power and the open ended EULA that Even Balance has. It's also the attitude that I have received with Even Balance in regards to this problem. With all the emails, faxes and contact with Harris County mitigation, they fail to respond or submit proof that either 1) someone used my key or 2) submit proof of a hack.

Evenbalance is pretending to be both judge and jury in this matter without any proof, or any form of communication. I have acted professionally in regards to this, why are they: changing their phone numbers, using a PO Box, failing to respond to legal documentation from Harris County? If they were an up to par company, they would have shown up to the three mitigation meetings.

Quibbly

Their EULA is no different from any other software companies EULA...
--
Brian
America's Army Forum Moderator and America's Army Beta Tester
Expand your moderator at work


quibbly
Premium
join:2003-02-07
Sugar Land, TX

1 recommendation

reply to quibbly

Re: Even Balance (PUNKBUSTER) Problems

And for those that like when a larger company steps on you, thats ok. I'm one of those people who will fight for my rights. Even over something as simple as a 40 dollar game.

It's all a matter of principle, and I am one of those people who will make a change. I support Even Balance for what they are doing, just not the way that they are going about it.

Quibbly


Todharris

@rr.com

1 recommendation

reply to quibbly
I for one support Quibbly. I'm not sure if he really has a chance, but i'm sure this will cause one hell of a problem for Even Balance. From what he posted, he has taken the proper steps, but Even Balance appears to be making an ass out of themselves. Including not appearing in the Harris County Dispute meeting. This will only hurt Even Balance in this court case. Cudo's Quibbly, at least you have some ammo in your court. If you win, this will bring about a lot of changes in the way Even Balance operates. Maybe you should open up an "Anti" punkbuster site? I've seen this work for places like Best Buy.

Keep us informed and good luck,

Tod Harris
Law Student


Aqualung6
Stabbity Death

join:2001-07-02
Lincoln, NE
reply to quibbly
said by quibbly:
And for those that like when a larger company steps on you, thats ok. I'm one of those people who will fight for my rights.

Umm... that would be the right to play videogames, as guaranteed by the 38th amendment? :-P You're going to lose, and here's why: most vendors retain what is known as the "right to refuse service". Unless they are discriminating against you because of your race, ethnicity, religion, sexual preference, or whatever and you can prove that in court, you're probably going to lose; Even Balance doesn't need "proof" to kick you off their service, this isn't a criminial proceeding where you get judged by a trial of your peers. Especially since you admit that EA tried to "make it right" by offering to replace your CD key. Save yourself a hundred grand or two, lodge a complaint with the BBB and call it a day.
--
- Aqualung

Hardcore
The Sausage King
Premium
join:2002-08-23
Albany, GA
kudos:1
reply to quibbly
One side of me wants to support you, quibbly - it does. You've been unjustly banned, at least that's what we know from you.

The other side tells me that if you win, cheaters will have ammunition in their fight to screw the noncheating players out of a good experience.
--
4 for $2!


CylonRed
Premium,MVM
join:2000-07-06
Bloom County
reply to quibbly
said by quibbly:
And for those that like when a larger company steps on you, thats ok. I'm one of those people who will fight for my rights. Even over something as simple as a 40 dollar game.

It's all a matter of principle, and I am one of those people who will make a change. I support Even Balance for what they are doing, just not the way that they are going about it.

Quibbly

There is no 'right' to play a game you didn't make and technically do not own (you are given the right to use the software - you technically do not own it). You do not have the 'right' to not be banned. They aren't stepping on any of your 'rights.'

I assume you do not own any MS software??? If you do - when do you plan on suing them for their EULA? They tell you what you are allowoed to put their software on (they tell you the numberr of PC's you can load) - just like all of the other software companies....
--
Brian
America's Army Forum Moderator and America's Army Beta Tester


cbrigante2
Cubs 20??
Premium
join:2002-11-22
North Aurora, IL
reply to quibbly
Isn't there an option in BF:1942 (I know it's in BF:Vietnam) to disable using Punkbuster to play? You can still play BF:1942 without PB running. I know this does not address you initial issues with cheeaters, and the game will not be played with cheaters in your case. Keep in mind that this was an additional feature that was added to the original game to give the players what they asked for. I'm not sure we are going to send the right message on principles by sending them to court over this. I agree with some of the other posters, see if you can get another cd key from EA.


CylonRed
Premium,MVM
join:2000-07-06
Bloom County
The problem with that is a lot of servers will use PB (and force the use of PB like in AA) so the choices of servers will decline - probably dramatically.
--
Brian
America's Army Forum Moderator and America's Army Beta Tester


cbrigante2
Cubs 20??
Premium
join:2002-11-22
North Aurora, IL
reply to quibbly
Yes, that is also true. The other option would be for him to boycott EA games until he sees a change towards his principles. (in other words...never)

The easiest road would be to try to get a new cd key from EA/dice.


biggbrother
Premium
join:2001-11-07
Providence, RI

2 recommendations

I really don't see the point in the suit. It will just waste your resources, Punkbusters resources, and government resources.

You already got a new CD Key from EA. So what's the big deal? Unfortunately, Evenbalance (Punkbuster) has probably heard every conceivable story from caught cheaters. They have probably hardened from all the BS excuses they get from caught cheaters.

It's obvious that your CD key was duplicated somehow, because EA, a notoriously arrogant company itself, decided to issue you a new key. So Punkbuster did the right think by banning you. You did the right think in calling EA for a new key. And EA did the right thing in providing you with a new key. What is the problem?
--
Sergeant First Class, Battalion HQ - [BBR]Biggbrother America's Army


Mcrobrewer
Premium
join:2001-03-04
Trenton, NJ
Dont cheat and you wont get banned....


quibbly
Premium
join:2003-02-07
Sugar Land, TX

1 edit
reply to quibbly
Again, its a matter of principle. The way Even Balance acted during this entire matter. Including, why will they not submit proof? I'm not asking for much!

Here is an easier example for those they can't seem to follow the logic:

Your driving on the road doing 35 in a 35. A car passes you doing 75. A cop uses his radar and hits both cars. Your pulled over and the cop says "Hum, you were doing 75 in a 35" and then write's you a ticket. Even though you were only doing 35.

You go to court and request a trial by jury. Before you even go to court, a police officer picks you up and places you in jail. The cop states "We decided to hold court without you and you were found guilty. The jury was only presented our side of the story".

This is a perfect example of what Even Balance has done.

Oh, for you real big idiots..have you looked at the number of servers to do not have punkbuster? There's only a few and there pings are in the 100's or they have 0 players. Also, if you would have read all the posts, i never took a new key from EA. So before you open your mouth, READ!!!!

Quibbly


Mcrobrewer
Premium
join:2001-03-04
Trenton, NJ
Your example is a bad one....

Please tell me what law EB has broken?


CylonRed
Premium,MVM
join:2000-07-06
Bloom County
Exactly none and they did not violate any of his rights as well...

I agree - the example is no where near a good example.
--
Brian
America's Army Forum Moderator and America's Army Beta Tester


biggbrother
Premium
join:2001-11-07
Providence, RI
reply to quibbly
said by quibblyAlso, if you would have read all the posts, i never took a new key from EA. [/QUOTE

[QUOTE= quibbly See Profile:

EA stated they will replace my key. Thanks not the problem.
They offered, that's the point. And I agree with Mcro, what laws have Evenbalance broken, besides having poor manners?

Your analogy with the cop doesn't apply here. Your unique key was snagged caught by PB as using a hack/cheat. The gamer next door wasn't using it and you were falsely accused.
--
Sergeant First Class, Battalion HQ - [BBR]Biggbrother America's Army


quibbly
Premium
join:2003-02-07
Sugar Land, TX
reply to quibbly
My analogy is perfect! Even Balance isn't Judge and Jury!


biggbrother
Premium
join:2001-11-07
Providence, RI
said by quibbly:
My analogy is perfect! Even Balance isn't Judge and Jury!

lol. Read your EULA.

In there, I am sure you will see a line which says "Evenbalance Inc. and Electronic Arts Inc. are Judge and Jury"
--
Sergeant First Class, Battalion HQ - [BBR]Biggbrother America's Army


CylonRed
Premium,MVM
join:2000-07-06
Bloom County
And he agreed to it when loading it and that makes it binding. They are judge and jury - same with MS with MS software etc...
--
Brian
America's Army Forum Moderator and America's Army Beta Tester


renton
Come On You Spurs
Premium
join:2002-01-05
Toronto, ON
reply to quibbly
While I understand your frustration and I think you're right I don't think you are going to win this.
You agreed with EULA.
I hate it when big corporation treat individuals like this. It happened to me too with eBay. It's really a waste of time although as I said before I think you're right.
--
Those who know will always feel their backs against the thin wall.
Midge Ure / Ultravox

bfOpie

join:2004-02-05
San Francisco, CA

1 recommendation

reply to quibbly
Stop the suit now, cut your losses and play with your new key.

By installing PB you agreed to their terms & conditions. You cannot win.

EA addressed the problem by giving you a new key and you werent out the $30 for a new copy. Why waste your time & resources to fight a battle over flawed principles?


Mcrobrewer
Premium
join:2001-03-04
Trenton, NJ
reply to renton
Quibbly... what law has EB broken???

Your example is horrible because in that case it would be illegal for the police to throw you in jail without a trial...

This is not the case.. Read your EULA.

If that was indeed your conversation with Tony (Maybe I should ask him) then I am sure he knew what he was talking about when he said he did not have to show up.

But alas the 'system' is working for you.

But please let me in on what law EB has broken.... if you dont know maybe ask the lawyer you 'retained'.
--
triponthis.net
The only thing that stands between us and the animals is a really good beer