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Old 07-05-2005, 03:39 PM
MentalNomad MentalNomad is offline
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Join Date: Apr 2005
Posts: 36
Default Re: STOP USING SIMPLEMINE

I'm not going to go on forever with this. . . it won't be decided here in the forums; if it will be decided, it will be in courts. Here's my last reply:

2. Regardless, the second line is, "You acknowledge that the Company will take measures to detect and prevent the use of such programs and AI software. . ." It is clear that you are agreeing that they will prevent use of such software, and such programs pretty clearly refers to all the types of programs mentioned previously.

"Finally, even taking your construction, the mention of player profiling being a target for detection and prevention is still limited to when it's used to enable AI's to play the site." Again, my point is that their mention of ANY software is strictly by way of providing a context for getting your permission to install their spyware. They do not detail all possible ways to cheat; they simply declare why they are asking you to agree to allow them to use spyware. From that perspective, arguing that any specific software is or is not allowed by this clause is pointless; it is intended to exhaustively lay out what is or is not allowed.

For example, I don't believe you can find any referenece to collusion not being allowed. Clearly, most of us consider collution to be cheating. So where is this covered? If anywhere, then here, in Clause 19: Fraudulent Activities and Prohibited Transactions. "The Company has a zero tolerance policy towards inappropriate play and fraudulent activity. If, in the Company's sole determination, you are found to have cheated or attempted to defraud the Company or any other user of any of the Games in any way including but not limited to game manipulation or payment fraud. . ."

Party has clearly stated in emails to players that they reserve the right to act against ANY software which they feel gives someone an advantage over other players. They consider that inappropriate play. They have been consistent on that point, and have taken care never to limit their wiggle room.

4. If you want to split hairs like that: they don't talk about software playing POKER, they talk about software playing on their services. The general definition of "play" would be accepted here; if it acts on and reacts to cues from their service (which automatic player profiling certainly entails), or if it uses their service (also an accepted definition of 'play'), then it can be construed as playing on their service.
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