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TSR: In Ur Accounts, Deletin Ur Stuffs!
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Topic: TSR: In Ur Accounts, Deletin Ur Stuffs! (Read 976086 times)
rum nate
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Posts: 1014
Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
«
Reply #1590 on:
2009 June 13, 00:59:34 »
This is section 2 of the EULA:
Quote
2. Intellectual Property Rights and Ownership.
A. Reservation of Rights. You have purchased a limited license to the Software and your rights are limited to the license grant above and subject to this License. You may not otherwise copy, display, distribute, perform, publish, modify, or use the Software or any component of it. You are prohibited from making a copy of the Software available on a network where it could be used or downloaded by multiple users. Except as expressly licensed to you herein, EA and its licensors, as applicable, owns and reserves all right, title and interest in the Software, and all related data, characters, themes, objects, storyline, images, photographs, graphics, animations, video, music, text, and the associated copyrights, trademarks, moral rights and other intellectual property rights therein. This License is limited to the intellectual property rights of EA and its licensors in the Software and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, reverse engineer or created derivative works of the Software by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software. All rights not expressly granted herein are reserved to EA.
B. Contributing Content through The Sims 3 Launcher
1. If you have an EA account and have registered the Software online, the Software allows you to download additional content for the game from EA’s website(s) and to upload content to the website(s) through The Sims 3 Launcher.
2. Uploading and downloading content is subject to EA’s online terms of service (terms.ea.com). You may not upload any content through the Software that is protected by copyright, trademark or other intellectual property rights unless you are permitted to do so by the owner or law. EA may, without prior notice to you and in its sole judgment, remove content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of EA's or a third party’s intellectual property rights, EA may terminate your EA account without notice to you.
3. In exchange for enabling your contribution of content, when you contribute content through the Software, you expressly grant to EA a non-exclusive, perpetual, fully transferable and sub-licensable, worldwide, irrevocable right to use, reproduce, modify and create derivative works from, distribute, transmit, broadcast, and publicly display and perform the content, or any portion thereof, in connection with the distribution of such content to other users and potential users of the Software (such as, for example, featuring such content for download in The Sims 3 Launcher) and in the marketing and advertising of the Software, without further notice, payment or attribution to you. You grant EA all licenses, consents and clearances to enable EA to use such content for such purposes.
4. In exchange for the right to use content contributed by other users through the Software, when you contribute content through the Software, you expressly grant to other users of the Software the non-exclusive, perpetual, transferable, worldwide, irrevocable right to access and use, copy, modify, display, perform, and create and distribute derivative works from, your contributed content in connection with the Software, and to distribute and otherwise communicate your contributed content as a component of works that they create using the Software, for example, The Sims lots or The Sims videos, without further notice, attribution or compensation to you. You hereby waive any moral rights of paternity, publication, reputation, or attribution under applicable law with respect to EA’s and other players’ use and enjoyment of such content contributions in connection with the Software.
I can see where falln_angel can get 2 and 3, because it no where says you can't charge for content, and it says you agree that when submitting content you give up all rights to it. But the only thing about it is, if you read it, it only talks about sharing content through the launcher. If you upload something to MTS or GOS, or even TSR, it doesn't seem you are bound by subsection B of section 2 of the EULA, because it only talks about sharing content through the launcher, and in terms, only sharing content on the exchange. I think they did want to stop fan sites from having content on their own sites, to get rid of the paysite/freesite/pirate thing. That didn't happen, because you can just as easily share content on a fan site as you can submit it to the exchange through the launcher.
I would email EA support asking them about this to see what they say, but they don't answer emails from me anymore.
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I would not trust them with a fox, I would not trust them with a fox, I would not trust them here or there, I would not trust them anywhere. I do not like that mental scar, I would not trust that TSR...
Dr House
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Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
«
Reply #1591 on:
2009 June 13, 01:09:31 »
Yep. That's what I thought. All the EULA talks about is by using the exchange using the launcher. There's not a single word concerning CC outside the exchange except maybe this: "Except to the extent permitted under applicable law, you may not decompile, disassemble, reverse engineer or created
derivative works
of the Software by any means whatsoever." . Does that mean that technically no CC outdside the exchange is legally permitted or what?!
Oh boy the fight will go on for a loooooong time. *prepares a load of virtual peas and rum*
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ValancySterling
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Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
«
Reply #1592 on:
2009 June 13, 04:00:12 »
Well, TSR finally has their CC up and running. Mostly the same as MTS, etc. Everythings free and I must admit some of the patterns look decent. But there were two things in the lots section that caught my eye
http://www.thesimsresource.com/downloads/details/category/sims3-lots-community/title/Shopping%20Complex/id/878861/
http://www.thesimsresource.com/downloads/details/category/sims3-lots-community/title/All%20In%20One%20Community%20Location/id/878820/
Are these possible? Did they actually have someone figure out how to make your own rabbit holes? Any brave souls out there want to download them and find out?
Oh...and by the way..
You too can be an SA or FA
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Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
«
Reply #1593 on:
2009 June 13, 04:10:10 »
Quote from: ValancySterling on 2009 June 13, 04:00:12
Well, TSR finally has their CC up and running. Mostly the same as MTS, etc. Everythings free and I must admit some of the patterns look decent. But there were two things in the lots section that caught my eye
http://www.thesimsresource.com/downloads/details/category/sims3-lots-community/title/Shopping%20Complex/id/878861/
http://www.thesimsresource.com/downloads/details/category/sims3-lots-community/title/All%20In%20One%20Community%20Location/id/878820/
Are these possible? Did they actually have someone figure out how to make your own rabbit holes? Any brave souls out there want to download them and find out?
I think the "Rabbit Hole" places are actually items that you place on lots designated as Community. So no, TSR hasn't figured out how to make them.
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rum nate
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Posts: 1014
Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
«
Reply #1594 on:
2009 June 13, 04:11:25 »
They is right. If you go to a community lot, under build mode there is a special section that has the rabbit hole buildings and some deco things.
ETA: From the link on info to be a FA or SA for sims 3, I love this:
Quote
So how do you become selected you might ask?
It's quite simple: submit your work to TSR. We've been looking at Sims creations for the last 9 years and we know what is and isn't good enough to make the grade
I could spam this post by saying HAHAHA a lot, but I'll hold back.
And didn't at one point TSR deny that they pay FAs?
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Quote from: Paden
I would not trust them with a fox, I would not trust them with a fox, I would not trust them here or there, I would not trust them anywhere. I do not like that mental scar, I would not trust that TSR...
CatOfWar
Pirate
Posts: 606
Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
«
Reply #1595 on:
2009 June 13, 04:58:02 »
From the T$R "how do you become SA/FA" thingie
Quote
Further down the line there will be positions open for Clothing, Hair, Objects, Make-up and basically any type of Custom Content you can create for the game.
Hmmm... I used to hope no one would make CC tools for Sims3 and it would tank, but I can't really blame tools makers for wanting to make tools. Especially now that EA has started releasing its own tools. I can still fervently hope that Sims3 tool creators write explicitly that their tools can only be used to make free content, on free sites only, and no T$R.
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SoggyFox
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Reyn
Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
«
Reply #1596 on:
2009 June 13, 14:00:02 »
They've started releasing tools? Where?
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falln_angel
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Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
«
Reply #1597 on:
2009 June 13, 16:09:07 »
Jumping back a few posts...
Quote from: rum nate on 2009 June 13, 00:59:34
But the only thing about it is, if you read it, it only talks about sharing content through the launcher. If you upload something to MTS or GOS, or even TSR, it doesn't seem you are bound by subsection B of section 2 of the EULA, because it only talks about sharing content through the launcher, and in terms, only sharing content on the exchange.
But isn't the launcher the only EA-sanctioned means of sharing CC, or am I completely misinformed here? I don't have the game, so actually have no idea what's involved in getting creations off one computer and onto another, but this seems to indicate that they're not in favour of people messing with the program, even if it's just to find other ways of sharing CC (again, unless I'm completely misreading it):
Quote
you may not decompile, disassemble, reverse engineer or created derivative works of the Software by any means whatsoever.
In most legal documents I've seen, terms like "the Software" are defined at the beginning of the document to mean one specific thing, either in a glossary or the first time the phrase is used - in the case it presumably means "The Sims 3". The fact that "the Software" is used in Section A, before any mention of the Launcher (at least in the excerpts I've seen) indicates to me that further use of "the Software" is also in reference to TS3 as a whole. But I haven't actually seen the entire EULA, so this is basically all just conjecture.
It still seems to me that they're trying to stay out of the whole pay vs. free/copyright infringement debate while not giving away ownership of their product... and, in typical EA fashion, not doing a very good job of it. It would be easier if they, you know, make a stand or something, but I guess that's just not their style.
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CatOfWar
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Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
«
Reply #1598 on:
2009 June 13, 17:54:14 »
Quote from: SoggyFox on 2009 June 13, 14:00:02
They've started releasing tools? Where?
I meant when they do release more tools, sorry about the confusion. I haven't seen many for Sims3 besides the MTS2 pattern maker.
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rum nate
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Posts: 1014
Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
«
Reply #1599 on:
2009 June 13, 18:23:25 »
You are right falln_angel, the launcher is the only EA sanctioned means of sharing CC. That is where you go to upload your sims, recolors, and houses. The thing I am really wondering about now that I think of it, the EULA really makes it sound like they only want people to upload content to just the exchange, but they made it damn easy to share content on other sites, because there is an exports folder where lots and I assume sims and recolors you click in game to package to upload, much like the packaged lots folder for Sims 2. So getting content on other sites is just as easy as Sims 2. Modding the game is a different story, and I really don't think they expected people to be able to mod the game like they are.
Fake Edit: I'll try to post the EULA when I get back.
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I would not trust them with a fox, I would not trust them with a fox, I would not trust them here or there, I would not trust them anywhere. I do not like that mental scar, I would not trust that TSR...
rum nate
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Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
«
Reply #1600 on:
2009 June 13, 19:28:53 »
ELECTRONIC ARTS
END USER LICENSE AGREEMENT
FOR THE SIMS 3 GAME
(DISTRIBUTED ON PHYSICAL MEDIA)
This End User License Agreement (“License”) is an agreement between you and Electronic Arts Inc. and its affiliates (collectively "EA"). This License governs your use of legitimate copies of this software, and all related documentation, utilities, and updates and upgrades that replace or supplement the software and are not distributed with a separate license (collectively, the "Software"). This Software is licensed to you, not sold.
By installing or using the Software, you agree to accept the terms and conditions of this License and be bound to them. If you do not agree to the terms of this License, then do not install or use the Software. Sections 4 and 5 below describe data EA may use to provide services and support to you in connection with the Software. If you do not agree to this use of data, do not install or use the Software. IF YOU INSTALL the Software, you fully accept the terms and conditions of this License.
Right to Return: If you do not agree to the terms of this License, and if you purchased this game from a physical retail store in the United States, and if you have not installed or used the Software, you may return the Software for a refund or exchange within thirty (30) days from the date of purchase by following the instructions for return available at
http://warrantyinfo.ea.com
.
1. Limited License Grant and Terms
A. Grant. Through an authorized purchase or transfer, you acquire and EA grants you a non-exclusive license to install and use the Software for your personal, limited, non-commercial use solely as set forth in this License and the accompanying documentation. Your acquired rights are subject to your agreement and continuing compliance with this License. Commercial use of the Software is prohibited. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Software or rights to use the Software, except by transfer as expressly set forth in section 3 below. Your License term begins on the date on which you install or otherwise use the Software, and ends on the date that you dispose of the Software or EA terminates this License, whichever is earlier. Your license will terminate immediately if you attempt to circumvent the technical protection measures for the Software. All use of the Software is subject to this License. A separate Terms of Service agreement, and The Sims 3 Store digital services agreement, as applicable, governs your use of online services in connection with the Software. You may view the Terms of Service agreement at terms.ea.com and the The Sims 3 Store digital services agreement at The Sims 3 Store online.
B. Technical Protection Measures. Your license to the Software is verified by inserting the disk in the drive and by entering the serial code enclosed with the Software. Thereafter, you must have the disk in the drive to use the Software. If you disable or otherwise tamper with the technical protection measures, the Software may not function properly and you will have materially breached this License. Keep your serial code. You will need the serial code to access online services.
C. Using Online Services. You must have an EA account and have accepted EA’s terms of service at terms.ea.com, and have registered the Software with the enclosed serial code to access online services including the upload and download additional content for the Software and The Sims 3 Exchange , and SimPoints and The Sims 3 Store. MAC users must also update to the latest version of The Sims 3 Launcher in order to access online services. Only one copy of the Software may access online services at a time. Acceptance of a separate digital services agreement is also required to use The Sims 3 Store and SimPoints. Only one user of the Software may register the Software online to access online services. Online registration of the Software is not transferable. If your EA account is terminated, you will not be able to upload or download content or access online services.
D. The Sims 3 Launcher, Software Updates, and EA’s Download Manager. When you install the Software on a PC, EA provides you the option of installing EA’s Download Manager application. A connection to the Internet and the Download Manager application are required to download and install Software updates. If you do not install EA’s Download Manager, you will not be able to download and install Software updates. The EA Download Manager application is included with your game. If you wish to install EA Download Manager, double click the executable file and it will begin the installation process. You can choose to install it at a later date if you wish to receive Software updates. You can also delete the file (uninstalled) from your computer. If you install the EA Download Manager and wish to remove it, follow the “remove program” instructions for your Windows Operating System. The Sims 3 Launcher is the screen from which you may launch (play) your game, manage Software updates, and upload and download content, if you are connected to the Internet. If your computer is connected to the Internet, The Sims 3 Launcher will automatically provide you with access to news, content, and information from The Sims 3 and The Sims 3 community and connect you to The Sims website(s). We may automatically update the Download Manager (if you have it installed) or other components of the Software when your computer is connected to the Internet to keep the Software functioning properly. You may separately uninstall the Download Manager, but if you do so, you may not have access to Software updates. Software updates may be used only with licensed copies of the Software.
E. IGA Worldwide Technology. This game incorporates dynamic advertisement serving technology offered by IGA Worldwide Inc. (“IGA Technology”), which enables advertising to be temporarily uploaded into the game on your PC or console, and replaced while you are online. IGA Technology only logs information that is needed to measure presentation of advertising, and to serve advertising to the appropriate geographic region and to the right location within the game. Logged data may include Internet Protocol Address (“IP Address”), in game location, length of time an advertisement was visible, size of the advertisements, and angle of view. The IP Address is deleted when the online game session ends. Your game may be assigned an id number, which is stored on your PC or console, and used by IGA Technology to calculate the number of unique and repeat views of dynamic in game advertising. The id number is not associated with any personal data. No logged information is used to personally identify you. This ad serving technology is integrated into the game; if you do not want to use this technology, do not play the game while connected to the Internet. For more information see our privacy policy at privacy.ea.com.
2. Intellectual Property Rights and Ownership.
A. Reservation of Rights. You have purchased a limited license to the Software and your rights are limited to the license grant above and subject to this License. You may not otherwise copy, display, distribute, perform, publish, modify, or use the Software or any component of it. You are prohibited from making a copy of the Software available on a network where it could be used or downloaded by multiple users. Except as expressly licensed to you herein, EA and its licensors, as applicable, owns and reserves all right, title and interest in the Software, and all related data, characters, themes, objects, storyline, images, photographs, graphics, animations, video, music, text, and the associated copyrights, trademarks, moral rights and other intellectual property rights therein. This License is limited to the intellectual property rights of EA and its licensors in the Software and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, reverse engineer or created derivative works of the Software by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software. All rights not expressly granted herein are reserved to EA.
B. Contributing Content through The Sims 3 Launcher
1. If you have an EA account and have registered the Software online, the Software allows you to download additional content for the game from EA’s website(s) and to upload content to the website(s) through The Sims 3 Launcher.
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3. In exchange for enabling your contribution of content, when you contribute content through the Software, you expressly grant to EA a non-exclusive, perpetual, fully transferable and sub-licensable, worldwide, irrevocable right to use, reproduce, modify and create derivative works from, distribute, transmit, broadcast, and publicly display and perform the content, or any portion thereof, in connection with the distribution of such content to other users and potential users of the Software (such as, for example, featuring such content for download in The Sims 3 Launcher) and in the marketing and advertising of the Software, without further notice, payment or attribution to you. You grant EA all licenses, consents and clearances to enable EA to use such content for such purposes.
4. In exchange for the right to use content contributed by other users through the Software, when you contribute content through the Software, you expressly grant to other users of the Software the non-exclusive, perpetual, transferable, worldwide, irrevocable right to access and use, copy, modify, display, perform, and create and distribute derivative works from, your contributed content in connection with the Software, and to distribute and otherwise communicate your contributed content as a component of works that they create using the Software, for example, The Sims lots or The Sims videos, without further notice, attribution or compensation to you. You hereby waive any moral rights of paternity, publication, reputation, or attribution under applicable law with respect to EA’s and other players’ use and enjoyment of such content contributions in connection with the Software.
3. Transfer. You may make a one time permanent transfer to all your rights to install and use the Software to another individual or legal entity on the following conditions: (a) you also transfer this License and all copies of the Software; (b) you retain no copies of the Software, upgrades, updates or prior versions; and (c) the receiving party accepts the terms and conditions of this License. Online registration is not transferable. When you register your Software online to access online services, that registration is unique to you. If you make a legitimate transfer of the Software, you transfer the licensed rights to the copy of the Software itself, but not the right to access any services that are made available in connection with the Software online. In addition, such a transfer may not include the right to receive updates, dynamically served content, or the right to upload and download content, or use any other online service of EA in connection with the Software. EA may require that any end user of the Software register the Software online as a condition of use and/or the purchase additional Licenses. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER PRE-RELEASE COPIES OF THE SOFTWARE.
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11. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
12. U.S. Government Restricted Rights. If you are a government end user, then this provision applies to you. The Software provided in connection with this License has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this License and shall be prohibited except to the extent expressly permitted by this License.
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Quote from: Paden
I would not trust them with a fox, I would not trust them with a fox, I would not trust them here or there, I would not trust them anywhere. I do not like that mental scar, I would not trust that TSR...
rum nate
ARR!
Posts: 1014
Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
«
Reply #1601 on:
2009 June 13, 19:29:59 »
14. Governing Law. This License shall be governed by and construed (without regard to conflicts or choice of law principles) under the laws of the State of California as applied to agreements entered into and to be performed entirely in California between California residents. Unless expressly waived by EA in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the California state and federal courts having within their jurisdiction the location of EA’s principal corporate place of business. Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by California or federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.
15. Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Software to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom EA is prohibited from transacting business under applicable law.
16. Third Party Technology. If you use this Software on a MAC, then your Software incorporates technology developed by TransGaming Inc. (“Cider”). Cider(tm) is Copyright © 2000-2009 TransGaming Inc.
17. Entire Agreement. This License constitutes the entire agreement between you and EA with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by EA. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
© Electronic Arts Inc. 2009
Sorry to triple post, but the EULA is too long for just one post. But there it is, the EULA for The Sims 3 in full.
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Quote from: Paden
I would not trust them with a fox, I would not trust them with a fox, I would not trust them here or there, I would not trust them anywhere. I do not like that mental scar, I would not trust that TSR...
calalily
ARR!
Posts: 4950
Belili, wife of Ningishzida - or Kali for short
Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
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Reply #1602 on:
2009 June 15, 15:06:41 »
Nice bit of schadenfreude for you pirates via coconut. FAs have taken a huge cut in their pay - over half of their pay in all of the cases, and over three quarters in some of the cases depending on the age of the item. Thomass decided that it was a sheer outrage to have them earning money for older items, when they could be earning a great deal less. So he keeps it forever, still selling it at the same price, but FAs get less money than they ever did before! That's what I call an effective employee retention technique.
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Calalilysims
To Hotel - never a problem - and I knew it would be a valid thing.
My love to you too - come find me one day.
Scurvy Cat
ARR!
Posts: 568
Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
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Reply #1603 on:
2009 June 15, 15:17:55 »
...but, you must admit, not untypical of TSR.
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Some people are like Slinkies. Not much use but they always bring a smile when pushed down the stairs.
neriana
ARR!
Posts: 1134
Re: TSR: In Ur Accounts, Deletin Ur Stuffs!
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Reply #1604 on:
2009 June 15, 16:14:19 »
Quote from: calalily on 2009 June 15, 15:06:41
Nice bit of schadenfreude for you pirates via coconut. FAs have taken a huge cut in their pay - over half of their pay in all of the cases, and over three quarters in some of the cases depending on the age of the item. Thomass decided that it was a sheer outrage to have them earning money for older items, when they could be earning a great deal less. So he keeps it forever, still selling it at the same price, but FAs get less money than they ever did before! That's what I call an effective employee retention technique.
How are FAs reacting to this? Is there any protest at all, or is it just "thank you sir may I have another?"
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