Remove Spyware and Adware from EA Games and Refund Victims

FYI: I have started this petition because I felt the other one did not have enough information on it. Here is the original text of the other petition that we will use for this petition:

Starting with the release of Battlefield 2142, an online PC game, EA Games has begun incorporating the IGA software with their games. This is stated in a disclaimer accompanying Battlefield 2142:
The Software may incorporate technology developed by IGA Worldwide Inc. ("IGA") (the "Advertising Technology"). The purpose of the Advertising Technology is to deliver in-game advertisements to you when you use the Software while connected to the Internet. When you use the Software while connected to the Internet, the Advertising Technology may record your Internet Protocol address and other anonymous information ("Advertising Data").

Not only is it offensive enough that EA Games has decided to force adware into products that consumers pay a large price for (often $50 or more), they have further made things worse by giving this software the ability to spy on our computers. Although the information is submitted anonymously, it is still monitoring what we are using our computers for. The disclaimer is also extremely vague; giving no specification of any boundary EA has set.

Adware and spyware have often been proven to slow down computers. It is another unneeded piece of software constantly running in the background and consuming memory, CPU cycles, and internet bandwidth. If every company were to take from EAs examples, our computers would be bloated to the point of barely being usable.

EA has not given us an option to opt out of this, and their only compromise so far is for us to not use the game on an internet connected computer. Seeing how consumers have paid for an internet enabled game and one that is primarily meant to be played on the internet, this is an extremely poor compromise.

As a result of these actions by EA, I am calling for a boycott of all EA Games which feature this software, namely Battlefield 2142. It is unacceptable to force spyware onto a users computer in order to use a product. A disclaimer included in the box does not make this okay. Especially after Sonys Rootkit software, it is unacceptable for companies to be doing this.

Although this petition officially states its signers are boycotting Battlefield 2142, I recommend that you boycott all EA games as well. What EA has done is illegal and we should not support criminals.


EA created a thread in their Forums for the topic of spyware on 10-18-06 around 9:30AM. By the end of the day the thread had reached 9 pages of complaints. The thread was locked the next day but can be seen here if the link still works:
http://forums.easports.com/mboards/thread.jspa?start=0&sls=3&lkey=RTS22gqvwtOq3JVbCmaMdAAAKDw.&tstart=0&threadID=133321&






EA ILLEGAL PROFITS AND USE OF SPYWARE:

"Definition of Spyware from Microsoft:
" Spyware is a general term used for software that performs certain behaviors such as advertising, collecting personal information, or changing the configuration of your computer, generally without appropriately obtaining your consent.

Spyware is often associated with software that displays advertisements (called adware) or software that tracks personal or sensitive information.

That does not mean all software which provides ads or tracks your online activities is bad. For example, you might sign up for a free music service, but "pay" for the service by agreeing to receive targeted ads. "
http://www. microsoft.com/athome/security/spyware/spywarewhat.mspx



That last part is very significant for two reasons.

First, it shows that the term spyware (which IS what this crap is) is not always bad, depending on how the software is being used in a given situation. To show this, they provide an example.

Second. In this example that they provide, the user AGREES TO RECEIVE TARGETED ADS. Which is why, in this example, the spyware isnt necessarily a bad thing.

In our case however, the situation is quite different.

We are being forced to use this spyware and receive targeted ads. We are being forced to do this because if we dont, we are then prohibited from using the product we purchased.


"IF YOU DO NOT WANT IGA TO COLLECT, USE, STORE, OR TRANSMIT THE DATA DESCRIBED IN THIS SECTION, DO NOT INSTALL OR PLAY THE SOFTWARE ON ANY PLATFORM THAT IS USED TO CONNECT TO THE INTERNET."


Under no circumstance were we made aware of, or agreed to this condition prior to our purchase.

Only after spending fifty dollars for the game, were we made aware of this condition.

It is this fact that many people take great offense to. Whether or not advertisements belong in video games when the customer is paying full price is a separate (but relevant) argument. But the bottom line is, in order to play Battlefield 2142, you have to allow this spyware to run. If you dont want to, then you cant play Battlefield 2142. This condition should have been made very clear in both the EA Downloader, and made clearly visible on the games packaging for customers to see before purchase.

Instead it wasnt, and people purchased the game based off incomplete information about what it was that they were purchasing and the complete conditions of its use. Had they been made aware of this information before hand, it very well may have effected their decision of whether or not to purchase the product.

Thats the issue, and to me, as a customer, its a very serious one. "

-posted by Ngru-mobious in the EA forum thread Re: POST IN-GAME ADVERTISING COMPLAINTS HERE (READ PG 1 FIRST)






GETTING YOUR MONEY BACK FROM EA:

You should get your money back as soon as you can.
"[This is] for those that used credit cards for the pre order on the EA Downloader.
Just incase you dont know, EA doesnt have to refund you, your credit card company will.
All you have to do is call them and explain that you purchased a computer game online that included third party software that you were NOT made aware of before the purchase was made and had you been made aware of this you would not of made the purchase.
Your company will gladly grant you a charge back, effectively refunding the purchase and returning the money to your account.
Problem solved. "

-posted by Ngru-mobious in the EA forum thread Re: POST IN-GAME ADVERTISING COMPLAINTS HERE (READ PG 1 FIRST)






LAW AND ILLEGALITY:

The following laws (that EA has violated) can be referred to here (most easily by using the search option): http://uscode.house.gov/lawrevisioncounsel.shtml


-CITE-
15 USC Sec. 1125 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE

CHAPTER 22 - TRADEMARKS
SUBCHAPTER III - GENERAL PROVISIONS
-HEAD-
Sec. 1125. False designations of origin, false descriptions, and dilution forbidden
-STATUTE-
(a) Civil action
(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce ... any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which -
(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities ... of his or her or another person's goods, ... or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.


-CITE-
15 USC Sec. 1451 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM
-HEAD-
Sec. 1451. Congressional declaration of policy
-STATUTE-
Informed consumers are essential to the fair and efficient functioning of a free market economy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons.
Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods.


-CITE-
15 USC CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM
-HEAD-
CHAPTER 39 - FAIR PACKAGING AND LABELING PROGRAM
-MISC1-
Sec.
1451. Congressional declaration of policy.
1452. Unfair and deceptive packaging and labeling; scope of prohibition.
(a) Nonconforming labels.
(b) Exemptions.
Im sure there are much better FTC laws to refer to, but this is what Ive found.




SUMMARY:
What do we want out of this petition? We want EA to firstly get rid of the spyware and adware. Secondly a full refund wouldnt be too much to ask from this company for lying to all its customers. And third, EA should be sued even if they get rid of the spyware and adware and refund everyones money; they committed a crime (or crimes) and should be treated like what they are--criminals.