Two (three!) interesting things from today's EULA change (AFK ban, age 18+ now, inactive account deletions)

Game Discussion General Discussion
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Inactive Gameplay and Deliberate Losing . Deliberately remaining inactive during a match (i.e., being “AFK”) or taking actions that lead to a loss, such as wandering around the map without completing objectives or avoiding engagement with opponents.

I wonder if this can be more reliably invoked to shut down people in Air Simulator mode who agree not to shoot each other so the enemy team can bomb bases and airfields unimpeded and they can do the same in exchange.

Giving up objectives without making an effort to protect them (and in fact berating teammates who try to protect said objectives) qualifies as deliberate losing, no?

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Technically no… here’s the previous (edit: Spring 2023) matching paragraph:

6.1. The following behavior constitutes unsporting conduct and is explicitly prohibited hereunder:

6.1.1. Damaging a member of your team in a Game including the following:

a) killing (destroying) or damaging a teammate (if technically possible in a Game);

b) intentionally blocking teammate’s movements (propping up, pushing out, blocking the passage/driveways).

(snip)

6.1.4. Other actions that violate the principle of fair play.

The words “passive” or “inactive” or “AFK” didn’t appear previously.

The current equivalent section (again snipping out the no hacks/bots bit, came into effect Fall 2023):

Playing our Game(s) means playing fairly. The following behaviors are considered unsporting conduct and are strictly prohibited under Section 2 of the Game Rules.

Griefing. Causing harm to teammates, also known as “friendly fire,” includes but is not limited to inflicting damage to teammates’ vehicles or parts, destroying teammates’ vehicles or parts, or disorienting teammates.

Blocking Teammates. Intentionally blocking teammates’ movement, such as propping them up, pushing them out, or obstructing passages and driveways.

(snip)

Inactive Gameplay and Deliberate Losing. Deliberately remaining inactive during a match (i.e., being “AFK”) or taking actions that lead to a loss, such as wandering around the map without completing objectives or avoiding engagement with opponents.

Fair Play Violations. Any other behavior that violates the spirit of fair play.

I know it has been on the player reporting drop down menu for a while, but it was never explicitly in the actual ToS rules.

EDIT: Did a little deeper dive, the inactive game play and the inactive account deletions were from the last EULA update in fall, 2023. The 18+ was still new. I was looking at the spring, 2023 EULA before.

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Also interesting how they phrase it, btw: “taking actions that lead to a loss.” So if the game was already clearly lost, in Gaijin’s view are you still allowed to try to hide to survive, I wonder?

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I wouldn’t want them deleting accounts that have previously made purchases in the Gaijin store. People will sometimes come back to a game after many years. Heck, I made this account in 2012, got to MiG-9, and then didn’t come back until 2018. If my account was deleted in that period, I’d probably not bothered.

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So then they should remove the “Useful Actions” mechanic. Why punish people for going AFK when your system is actively pushing for AFK.

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If the game is 18+ now, does that means psuedo death references like “unconscious” could be changed to “killed”? Also kamikaze planes (enlisted has lunge AT mine which is pretty much the same thing)

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18+ actually good change. They can now add blood/gore and other mature themes now that this is a adult rated game. Would also go in line with the recent infantry leaks if they are true.

Why does EULA include AFK? Also the deleting accounts one is just outrageous. It should only apply to accounts that haven’t spent money on this game. Even if it was a single $, why do this? Returning players will obviously just leave which is bad business & consumer practice.

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So before the eula change whenever a tank changed color and caught fire after getting shot the crew was all actually just taking a nap?

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Exactly 😂

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Yup.

That is way it says stuff like “commander unconcious” after they take a 75mm AP to the face.

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Yeah…I have no idea how 120mm shells go through a person’s head and that person becomes “unconscious” though.

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I wonder if it’s safer to purchase premium packs from Steam (I did for the F-4S), since EVEN IF the WT account got deleted you still have those packs binded to your Steam account as DLCs.

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Hmmmm… Interesting can of worms.

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I’ve gone back and done a summary of all significant changes from the last EULA/TOS (September 2023). As mentioned in edits above, I initially was comparing to the April 2023 EULA/TOS, so I mentioned some things that were actually added in September, 2023 that I’d never actually noticed before this (the 3-year delete and AFK rules specifically).

Here’s the actual list of all the changes we all just agreed to:

  • Para 1.1: Services are provided by Gaijin Network Ltd in Cyprus unless specifically indicated otherwise that they are instead with Gaijin Distribution Kft in Hungary. Previously this said when services were “directly to the user” they were always Cyprus and when “via third party platforms” it was always Hungary.

  • Para 1.1: Definition of “game” expanded to include “DLC, expansions, updates or any other content” under a EULA, “whether accessed by digital download, physical media, or other distribution.” That last bit allows them to extend this same EULA to subscription services in future, potentially.

  • Para 1.1: Definition of “Services” expanded to include “content, data or information provided through their platforms, including user-generated content, promotional materials and updates… whether now known or developed in the future.”

  • Para 1.1: Definition of “Website” expanded to include “any subdomains, mobile versions or other online platforms” associated with Services, including “official landing pages or other digital properties” that provide Gaijin info, products or services.

  • Para 2.1: Services are not offered to users who are “under 18 or have not reached the age of majority” without parental consent, this is a change from “under 16” before.

  • Para 4.8: New para on user-created content, tying the TOS more clearly to the Guidelines for Content Creators, and stating users must “clearly indicate” that any game content they create has not been approved or endorsed by Gaijin.

  • Para 7.5: New lengthy section on Subscriptions, defined as services offered “subject to automatic billing at predetermined intervals.” Suggests they may be looking at a new model for selling premium time (or even getting away from F2P, but I’d say that’s pretty unlikely).

  • Para 11.5-11.9: New legal clarifications (All pretty standard stuff the lawyers probably added that should have been there before):
    –This EULA/TOS supersedes all previous EULA/TOS (used to be “the last one you agreed to”)
    –Force Majeure (natural disasters etc. are not our fault) clause
    –“Failure to exercise Gaijin’s rights doesn’t mean they’ve waived them” clause
    –“No third-party rights” clause (ie after you’re dead your inheritors have no rights to your account vis a vis Gaijin)
    –“Gaijin’s rights to IP, etc. still survive if they kick you out” clause

  • Para 12.3.1: Disputes by users outside US/Can/Australia are to only be referred to the Cyprus Arbitration and Mediation Centre (used to be the EC Online Dispute Resolution platform OR a Cyprus court)

  • Para 12.5: Any claims or disputes must be filed within one year of the cause of action unless the law states otherwise (no expiry date was stated before)

  • Para 12.6: Any details of arbitration settlements are confidential (not stated before)

  • Annex 1 (Code of Conduct): no significant changes

  • Annex 2, Para 1.1.1: If a game is playable without a client device, you are entitled to one copy of the Game at one time. (Extends EULA to possible cloud-based gaming uses)

  • Annex 2, Para 4.3.3: Adds the possibility of “Digital Rights Management (DRM) tools” to anti-cheat as something you must accept them installing on your computer.

  • Annex 2, Para 8.3: Adds extensive section to the health liability “use at your own risk” exemption for VR (previously indemnified against epilepsy, spinal problems and neuroses from playing too long, but VR-related illness wasn’t mentioned)

So yeah, couple interesting things in there about subscriptions, DRM, and dispute mechanisms, as well.

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Also with 18+, i guess WT live will experience a nuclear explosion of porn “anime” camouflages. Please tell me I am wrong

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Nope, this form of “we are not responsible” is pretty old in the EU and already ruled on multiple times as worthless. In essence the lawyer Gaijin hired has been in a coma for the last 10 years or is utterly incompetent.

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I also find it a bit disturbing that people are focusing on this issue rather than the fact that Gaijin added a forced arbitration clause to the ToS and Eula… Ok we all know that this is illigal in the EU, and as Gaijin is located in the EU even non EU citicens can ignore that clause, but still

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You spent years grinding your way to top tier and even spent real money on a premium pack to ease the grind—only to be punished by account deletion for taking a long break because of burnout. That’s just wild.

I am actually planning to buy mirage f-1c 200 to get my first top tier but now I am hesitating

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Not disagreeing with the sentiment, but fwiw, it does say “with notice”. So, if you use a good email address that you check regularly, you will get a notice before anything happens.

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The subscription thing is also interesting. TEC had a video wondering if this was going to be a War Thunder Plus thing… because it’s the same ToS/EULA for all their games I wonder if it would be War Thunder or possibly something else they offer now or in future that is going to be subscription-based. I think that’s the one thing in here that would really benefit from some kind of official comment.

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