A complaint is filed against Game Flier International Corp.
for ignoring the customers’ rights and interests in the “user agreement” posted
at game platform
Chinese Taipei
Case:
A complaint is filed against Game Flier International Corp. for ignoring the
customers’ rights and interests in the “user agreement” posted at game platform
Key Words:
game platform, disclosure, trading information
Reference:
Fair Trade Commission Decision of June 9, 2005 (the 709th Commissioners' Meeting)
Industry:
Digital Information Supply Service (I301030)
Relevant Laws:
Article 24 of the Fair Trade Law
Summary:
- This case originated from a complaint filed by the general public against
Game Flier International Corp. for its user agreement posted at the game platform.
Point 9 of the agreement states that the user only has the rights of using
the game and not the ownership of the game; Point 8 of the agreement stipulates
that the accounts of those users that use illegal or plug-in programs from
unidentifiable sources shall be frozen permanently; and Point 18 of the agreement
stipulates that the Company has the rights to amend the regulations at anytime.
The complainant alleged that these aforementioned stipulations ignore the
rights and interests of consumers.
- Upon the investigation, the Fair Trade Commission found that at the back
of the outer packaging of “Ragnarok Online”, an online game product that the
complainant has filed a complaint, there is a note written as “Please visit
Ragnarok official website and read carefully “user agreement for Ragnarok
Online” before purchasing the game, the product is non-returnable once it
is sold.” The website address of Game Flier International Corp. (www.gameflier.com)
are printed at both front and back side of the packaging. Furthermore, the
similar wordings are also found at the outer packaging of other online game
software that Game Flier International Corp. sells as an agent. Next, it is
found that the user agreement and game regulations for each online game that
is posted by Game Flier International Corp. on its website is similar to that
stated by the general public in his/her complaint.
- Grounds of non-disposition:
- Aonline game user agreement established by Game Flier International
Corp., since the ownership of online game electromagnetic record (for
example, virtual gem) is still unsettled,but Article 14 of the example
of standard form contract for online game that is still in the deliberation
of Consumer Protection Commission, Executive Yuan stipulates all electromagnetic
records of the games belong to the online game companies, it is difficult
to conclude that the stipulation of user agreement that the players do
not have ownerships for the games and only have the rights of using will
cause rights and interests inequality between both parties. Secondly,
with regard to accounts being frozen permanently in the case that users
have used plug-in program and the announcement of agreement’s amendment
as stipulated in the user agreement at issue, these are regulations used
by the online game companies to stop violations and improper conducts
of players so as to protect system security and fairness for the games;
the manners of publicly announce amendments for such management regulations
are also stipulated. Considering the purposes of these regulations, it
is also difficult to conclude that such conducts are improper. Finally,
an examination of the process of debate between the complainant and Game
Flier International Corp. indicates that this dispute arises due to both
parties’ different understanding about the clauses in the agreement; the
dispute is not in an extent of sufficient to affect trading order in the
market. In accordance with “Principles Governing the Application of Article
24 of the Fair Trade Law” that is prescribed for the application of Article
24 of the Fair Trade Law, this kind of dispute is only considered as a
civil dispute.
- Additionally, the investigation found that Game Flier International
Corp. has printed relevant trading information on the outer packaging
of game software that the company is selling as an agent; consumers, refer
to information printed on the outer packaging of the product, can proceed
to visit the company’s website and find the important trading information
like user agreement or game regulations. Game Flier International Corp.
has published user agreement and game regulations for each online game
on its website so that the web members or regular consumers may view the
contents of the aforementioned user agreement and game regulations directly
with a click of button; the aforementioned user agreement and game regulations
have stated clearly important trading information of rights and obligations
for both parties, major game violations and responsibilities of players,
contractual amendments and the manners to manage various players’ acts
of violation. Consumers can retrieve such information that affects their
own rights and interests without any restrictions; it is thus difficult
to conclude that in terms of trading information, consumers are in disadvantage
positions. Game Flier International Corp. also does not have deceptive
or obviously unfairly conducts to conceal or misuse trading information
unfairly.
- However, the Fair Trade Commission has ever received several online
game disputes in the past, most of these dispute has arisen due to players
do not understand the online game regulations established by the operators.
Again, due to the character size and layout of the outer packaging for
products sold by Game Flier International Corp. as an agent, it is not
easy for consumers to notice the notes printed on the packaging. Furthermore,
even though consumer has learned about the content of user agreement from
the screen when login after purchasing the game product, but the consumer
has no choice but to click “agree” button because the product can neither
be returned nor exchanged; trade dispute thus has arisen. Therefore, although
the conduct of Game Flier International Corp. has not violated laws, nevertheless,
in order to prevent the similar dispute arises repeatedly and to protect
the consumers’ rights and interests of fully receiving important information
before the trading, the Fair Trade Commission still send out a letter
to Game Flier International Corp. urging the company to use character
size and layout that are more visible to consumers in the outer packaging
of game products that the company sells as an agent and game regulations
(user agreement, regulation violations, punishment and responsibility)
published on website, truly disclose important trading information.
Summarized by Yen, Chia-Lin;
Supervised by Hou, Vh-Hsien
Appendix:
Game Flier International Corp.’s Uniform Invoice Number: 13134663
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