 quibblyPremium
join:2003-02-07
Sugar Land, TX | 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 |
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| 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)?
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Sergeant First Class, Battalion HQ - [BBR]Biggbrother America's Army |
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 clownyPremium
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! |
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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. |
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quibblyPremium
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 |
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 RayMahnahmahnaPremium
join:2001-04-02
Mesa, AZ | You're going to lose. Try not to spend too much money on your losing battle.
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Good, fast, or cheap - pick any two. |
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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.
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Proud Member of: Team Discovery
BBR ET Clan Leader BBr|ET |
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 CylonRedPremium,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...
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Brian
America's Army Forum Moderator and America's Army Beta Tester |
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quibblyPremium
join:2003-02-07
Sugar Land, TX | 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 |
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approval from:
Gemologist 
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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 |
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 Aqualung6Stabbity 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.
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- Aqualung |
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HardcoreThe Sausage KingPremium
join:2002-08-23
Albany, GA
kudos:1 Reviews:
 ·Mediacom
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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.
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4 for $2! |
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CylonRedPremium,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....
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Brian
America's Army Forum Moderator and America's Army Beta Tester |
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 cbrigante2Cubs 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. |
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CylonRedPremium,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.
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Brian
America's Army Forum Moderator and America's Army Beta Tester |
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cbrigante2Cubs 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. |
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| 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?
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Sergeant First Class, Battalion HQ - [BBR]Biggbrother America's Army |
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| Dont cheat and you wont get banned.... |
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