Ok so ive been banned, what are my rights?....

[Inception. 9443]

The amount of idiots saying that this 'is illegal' and to 'sue them, or report them to your local authorities' is fucking ridiculous.

The moderators have explained this perfectly, as they have done hundreds of times before.

"Sue them, or report them to your local authorities" posted by V2_Danny was kind of not really serious, hence "if you can get the law to care".

They probably are forced by law if required and I'm sure they'd be happy to oblige too.

Anyway, we can all take our tin hats off now and wait for BE to reply to the OP.

Yes, they would be, but what I'm saying is that they don't have to give him evidence unless requested by the law.

My bad then, I did just skim over his post as I wanted to get to posting mine.

No problem.

Edited March 12, 2013 by Inception.

[ImageCtrl 719]

But basically I emailed battleye support on the sunday to ask about the ban and if it could be revoked. I am yet to even hear back from them.

Wait for the answer. It works not this way: "You are banned, done..." They tell you what happens. Bet when you was not cheating you get unbanned.

[Auslovich 48]

"Sue them, or report them to your local authorities" posted by V2_Danny was kind of not really serious, hence "if you can get the law to care".

My bad then, I did just skim over his post as I wanted to get to posting mine.

[o-richardson@live.co.uk 34]

Possibily own up to using scripts/esp

BE dosent just ban for nothing, and its not the most advanced AC around either.

Note to self maybe: Play games without being a moron.

[mzltv 2281]

A lot of people are complaining about being banned for no reason - probably because of the most recent ban wave.

I think Fair Fight is broken. They even banned the infamous streamer, DakotaZ!

omfg, wrong forum!!1!! lol, how emmbbarressing

Edited March 12, 2013 by mzltv

[Mr Nasty 1023]

In my eyes consumer rights and consumer law trumps any biased tos from a games company......if I have paid for a product I am then protected by those consumer laws, I am pretty convinced that unless battleye can present to me evidence that I have been hacking then they have no right to prevent me access to the product I have paid for....to do so would come under fraud leglistation, taking money for a product which doesnt work....in this case a product which includes a faulty cheat detecting engine which prevents use of the product unjustifiabley

This made me lol. I love psuedo forum lawyers. Good luck with your lawsuit Johnny Cochran.

[liquidmind 320]

I think there is a confusion by some between "globally banned" and "banned on a private server"

It's very easy to get banned on private servers. Since many Server-Rules are not enforced, but don't even apply on private servers, some admins even ban for killing them.

I got banned for 20min once, because I had chat on `-key and whenever I typed, that symbol was the first in my line and I got banned for using symbols.

But that's a server-ban, not a global ban.

Many people see "banned" as one and the same thing. So if someone says he got a global ban for chatting, that's not necessarily what has happened.

my few empty tin-cans...

This made me lol. I love psuedo forum lawyers. Good luck with your lawsuit Johnny Cochran.

Especially since you don't "buy" a game anymore. You Buy the right to use the game, while the game is not your own.

People tend to forget that. They should send "didn't read the TOS"-Tshirts to everyone demanding his rights ;-)

Edited March 12, 2013 by liquidmind

[Molochius 2]

Then you don't know very much about consumer law. :S

You buy the game by their terms, one of which is the right to refuse access to the the multiplayer segment of the game.

Yes if you break there terms and conditions.....but if they refuse to prove youve broken those terms and conditions that is where the problem lies as that is technically illegal under consumer law, they cannot prevent access without a justifiable reason they have proof for, battleeye rely on a automated program which have been proven time and time again to ban people unfairly through faults in the program.....the very fact that there are pleanty of people out there who have had bans overturned due to being wrongly banned by the automatic program is battleeyes own admission that it doesnt work properly......now when your talking about refusing me access to a product I have paid for(the product as a whole includes multiplayer access) based soley on results generated by this faulty system that is where the law is cloudly.

Of course they have to provide proof under consumer law for such an action, if they didnt people could do this for anything and for any reason to anyone they wanted. I think games companies think they are somehow allowed to circumnativigate these laws and that is where they are a wrong, you buy a game its like buying any other product and if ive paid for that game and you want to take part of it away.....you better have a damm good reason and you better have evidence to back up that reasoning.

Im going to take this further via some careful legal work I will let the members of this forum know how it comes out as such decisions could affect the entire community, I do not belive terms of service aggreement which restricts consumer rights is even legal for 1. and I do not belive they can just take part of a paid for product away from a customer and not have to present some kind of evidence to say how such a move is justified. On reading basic consumer law im pretty clear battleeye are in the wrong here, maybe theyve just never been challenged in such a way.

Im not some punk kid, I work hard for my money and ill ne dammed if im going to be defrauded in such a way,. be it a 20 quid pc game or a new car.

anyway ill keep you all posted if and when I recieve any reply from the battleye end.

[lkummer 4]

In my eyes consumer rights and consumer law trumps any biased tos from a games company......if I have paid for a product I am then protected by those consumer laws, I am pretty convinced that unless battleye can present to me evidence that I have been hacking then they have no right to prevent me access to the product I have paid for....to do so would come under fraud leglistation, taking money for a product which doesnt work....in this case a product which includes a faulty cheat detecting engine which prevents use of the product unjustifiabley

Right now there is no Consumer Rights on video games and software.

If there was, EA would be in bigger issues then the bugged games...

Sorry to say, but BE rarely ban people for no reason.

They have proof, but they never show it to the banned person, so you will never know why they have banned you.

If you downloaded something suspicious then someone stole your key.

If someone stole your key, it is completely your fault.

Sorry for my bad English, it is not my native language.

[V2_Danny 48]

Will be looking foward to the outcome.

[Inception. 9443]

but if they refuse to prove youve broken those terms and conditions that is where the problem lies as that

You claim that they have not replied yet, but then you claim they are refusing to give you proof?

That's kind of contradicting.

[Fraggle (DayZ) 15720]

Just so you know you're not the first person that has thought to look deeper into it. I'm pretty sure they have their bases covered so claiming fraud and other things based on armchair law seems a bit much when as of this moment you simply have to wait for them to contact you. They deal with thousands of bans a week so patience is key.

As I already said, they haven't taken part of a product from you, it's still right there on your HD. What they have done is stopped you playing on severs with BE enabled. As I also said, your key may not have been banned, it may have been stolen which of course is your own fault. In the very rare case of false positives they will in fact simply un-ban you so I'm sure one way or another it'll get sorted, hopefully without you incurring massive legal costs.

Anyway, much like you I only understand the very basics of law so good luck chasing it up.

Edited March 12, 2013 by Fraggle

[mzltv 2281]

anyway ill keep you all posted if and when I recieve any reply from the battleye end.

I've got a tenner saying you don't recieve a reply.

Edited March 12, 2013 by mzltv

[Fraggle (DayZ) 15720]

I've got a tenner saying they provide proof of a legit ban.

Edited March 12, 2013 by Fraggle

[Easy_Tiger (DayZ) 33]

It's also worth noting that they might not have banned your key. You may have had your key swapped out by malware that you inadvertently downloaded meaning that you now have a banned key and someone else is enjoying your key. It sucks but if that's the case then that is your fault.

My monies on this ^

[Molochius 2]

I've got a tenner saying they provide proof of a legit ban.

Id take that bet, im pretty sure unless someone has been controlling me with some kind of mind ray and then blanking my memory afterwards that I havnt done anything illegal in this game in the 2 weeks ive owned it.

I dont know why your so confident, after all pleanty of people have had bans overturned by battleeye a friend of mine did himself simply due the cheat engine picking up something as a `trainer` program when it wasnt anything of the sort. Face it the system they use for cheat detection in this game is broken and it is wrong for people to be banned simply because of battleeye relying on a dodgy program to detect cheats for them.

Im merely standing up for my rights as a consumer I dont know why that generates so much slander, are you all that brainwashed you belive the games companys are always right and anyone with a complaint must have a false one?

Anyways as for the guy stating I bet he doesnt get a reply....ive already reversed the payment on my card used to pay for the game, if they want there money theyll have to reply and it will have to go through the usual channels with the credit card company......battleeye will have to prove misdeeds if they want there money, if they cant or they refuse to show the evidence then the credit card company will take my side. I know because ive used the reverse charge service in a similar way before.

At the end of the day battleeye may say they are under no obligation to provide proof to me of why ive been banned.....however if they want the credit card company to overturn the judgement and recharge me then they WILL need to provide proof of an acceptable reason why ive had the multiplayer part of the product taken away from me(this is the reasoning I used behind the reverse charge)

If they simply claim ive broken the tos then I will contest that I havnt and they will then have to prove I have to continue the process. I dont need to take them to court I just need to do it via my credit cards reverse charge channels.

Edited March 12, 2013 by Molochius

[Fraggle (DayZ) 15720]

You seem to still be ignoring the fact that your key may have been stolen. I didn't accuse you of hacking, in fact I really don't think you've knowingly done anything wrong. I'm basing my confidence on having spent hundreds of hours looking at ban appeals. You also still seem to be ignoring the fact that this has nothing to do with the DayZ team, as I suggested you should post on the BIS forums as they are the guy's you've paid money to for a complete game which you still own and have full access to.

As I said, in the very rare cases of false positives BE lift the bans, that doesn't sound like a conspiracy to take your money to me, with that in mind I'm not sure what else there is to discuss?

If your holding back payment for the game then surely you've taken any rights you did have away and the burden on them to now provide any proof or reverse your ban is now pointless as you won't have paid for the game and should now remove it from you HD, or am I missing something?

Edited March 12, 2013 by Fraggle

[svisketyggeren 662]

There's always the single player campaign.

nice one bearded figurine

[OrLoK 16182]

Hello there

As false positives are overturned by BE and so far this has not happened, you may want to think about the fact you may have malware on your machine.

If a key stealer is there, hopefully the only thing it will affect is future attempts at installing Arma, but do the usual checks etc just to be sure.

Rgds

LoK

[Molochius 2]

You seem to still be ignoring the fact that your key may have been stolen. I didn't accuse you of hacking, in fact I really don't think you've knowingly done anything wrong. I'm basing my confidence on having spent hundreds of hours looking at ban appeals.

As I said, in the very rare cases of false positives BE lift the bans, that doesn't sound like a conspiracy to take your money to me, with that in mind I'm not sure what else there is to discuss?

If your holding back payment for the game then surely you've taken any rights you did have away and the burden on them to now provide any proof or reverse your ban is now pointless as you won't have paid for the game, or am I missing something?

No keyloggers or malware, I am very careful on this and I scan my machine on a daily basis with multiple programs and nothing detected, I dont download dodgy programs or torrents etc because I am well aware of the dangers of this.

As for the payment for the game, My only complaint is if theyve taken my money and taken away my access to the multiplayer part of the game I am not after anything other then my money back or my access restored........if ive got my money back wuithout argument I dont care I can buy another copy and if the same happens again simply repeat the transaction, if however they wish to dispute the chargeback they will need to provide proof and reasoning as to why.....and I know they wont be able to as I know ive been banned for no reason...... so either way using this method I win, ive either got my money back or they have to admit they have no justifiable reason to ban me and reverse my ban to allow me to continue playing if they want to keep the money.

Edited March 12, 2013 by Molochius

[Inception. 9443]

, ive either got my money back or they have to admit they have no justifiable reason to ban me and reverse my ban to allow me to continue playing if they want to keep the money.

And if they do have a justifiable reason for the ban?

[Fraggle (DayZ) 15720]

Cool, a win indeed :/

Edited March 12, 2013 by Fraggle

[Serious Stan 202]

You got banned for downloading or using 3rd party program or scripting against the rules.

you know it and everyone else here knows it, so cut the crap and eat the camel

[dallas 5195]

BattleEye is like a clan, where the only requirements for playing on their servers are that you protect your game-key and don't get caught cheating. Remember you're not banned from playing multiplayer, you just can't join servers with BattleEye enabled.

Battleye is shit. Just keep emailing them until you get an answer. My friend got global banned because he was chatting, CHATTING, about hacking. Just keep emailing.

He may have attempted to hack, but it didn't work. They sent him a new CD-Key because of his complaining.

...so they are not shit actually.

Your friend is a moron, who tired to cheat, but was to dumb to cheat and got cheated out of his cd-key and somehow BattleEye found it within their heart to give him second chance and a second key, because they realized he was intelligently impaired.

So they are actual the opposite of shit, they are in fact an inspiration, a company with social consciousness.

Edited March 12, 2013 by Dallas

[V2_Danny 48]

In any case it has now been discussed, we will need to wait for Battleye´s responce before further action can be taken.