ignoble son wrote:Alright... *cracks knuckles* ...amateur hour is over. Time to get down to brass tacks with this subject (this is truly a snafu of the first magnitude).
Let's do some ethics (hope you packed a lunch):
First, it is necessary for us to CLEARLY define the terminology that was used, and is currently under debate now - in as far as, how it may have -ábeen defined by the consumer, as well as, how CCP may have intended it to be defined, both in light of the actual literal interpretations of said terms.
-áTerms currently under debate:
GÇó Mercenary Pack
GÇó Credited in full
GÇó Character reset
GÇó Commercial release
"...Mercenary Pack will be credited in full to your in-game DUST 514 account after each character reset AND for the commercial release."
(emphasis added)
I am, of course, assuming that the above quote is accurate.
"Mercenary pack" is easy. We all know what it is and what it contains.
"Credited in full", like above, is also VERY clear.
"Character reset", now here is we're we star to run into some problems. What exactly is a character reset (in as far as, both the paying customer and CCP may have defined it).
"Commercial release", and again we run into the same problem as above: what exactly does a "commercial release" Intel?
Let's explore the contested terms.
1. Character reset:
As a consumer, there are two ways to interpret this phrase:
1. Singular: "my character will be reset". This excludes the necessity for the consumer to concern themselves with any other consumer who may have purchased the "Mercenary Pack". In essence, in this interpretation, the consumers purchase occurred in a vacuum.
2. Plural: "all consumers are subject (SUBJECT not entitled) to a reset when it occurs. In this interpretation, the consumer is buying the "Mercenary Pack" with the understanding that the affect, "character reset" insinuates, is as follows: when a character reset occurs, it will affect all consumers.
So, which one is it?
Before we delve any deeper into this, let's take the following scenario under consideration:
During the last character reset (just prior to the open beta launch) if it had been optional, at that time (during that character reset) to opt out of the reset, would this have been desirable to anyone? Speaking from my own perspective, the answer is yes, and I am quite certain that there are many others out there who share sentiment. The reason for this is because I was quite satisfied with what I had, to that point, accomplished with my character. But would this have been fair to the other consumers that were not satisfied? As so many people are so fond of saying, this is a beta, and as such, "a work in progress", an unfinished product subject to change. Now can the consumer be held financial responsible for the purchase of a product that is subject to change? Take the following as an example:
I walk into a grocery store to which it took me two months to drive to (the only grocery store on the planet infact). I take an apple from the shelf, and take it to the teller in order to purchase it. As the teller swipes the apple across the scanner, to ring up the sale, through some act of magic, the apple suddenly turns into an orange. Is it still my responsibility to purchase the orange? The answer is, most emphatically, no.
Now let's say that there are ten people at the teller with me (all purcasing apples) yet mine is the only one that keeps tuning into an orange. Befuddled, I look around in bewilderment and by chance happen to spot a man in a dress shirt and tie waving a wand everytime the teller tries to scan the apple. He is wearing a name tag, it says: "CCP owner/manager". The man notices me noticing him and promptly approaches me, and the following conversation ensues:
CCP: Hello sir. My name is CCP, I'm the owner. What seems to be the problem?
Bob, the unsatisfied customer: Well, quite frankly I'm trying to buy an apply but it keeps turning into an orange.
CCP: Ahh, i see. We have had this problem happen before. I am afraid that you will have to return to you're place of residence, obtaine a notarized afidavid stating that you have returned to your please of residence, and then return to CCP Mart, at which time, we here a CCP Mart guarantee that the issue will be resolved.
Bob, the unsatisfied customer: but it took me two months to drive to CCP Mart, what about the time and effort I spent to get here?
CCP: I am quite sorry sir. That is CCP Mart policy.
I'll leave it up to your imagination to figure out what bobs reaction is at that point.
So, as we should all plainly be able to see, an option to opt out of a reset is not an ethical/fair one, because all of those satisfied with the game get to continue on being satisfied with the game while those who are not satisfied, loose an irreplaceable set of commodities: time and effort.
Ok, that takes care of the first contested term. Let's move on to the next:
2. Commercial release:
Legally speaking, this is VERY specific, as well as, VERY binding and for good reason: because it removes consumer responsibility to act responsibly with their purchases until CCP makes the consumer aware that the property has been "commercially released"
Regardless of what CCP had intended to mean by "commercial release" is irrelevant. The fact is that the two terms "commercial release" and reset are not connected in any way, no matter how much CCP or any one else, for that mater, wants them to be. By this term, CCP is legally obligated to credit the items in question to any consumer that purchased a Mercenary Pack.