You have to realize that the whole EULA thing is unadulterated bullshit. First, the EULA itself is of questionable legal validity. From a contract point of view, there is no consideration supporting it. Without consideration, it does not form a binding contract. (At least in the eyes of some courts, that is.)
How do you figure that? That statement basically invalidates the EULA's of practically all software, including any content from a paysite. (Payment + Product= Consideration) However going with line of thought, if that's the case, how can we be stealing? Everything in the booty is bought and paid for so we're only possibly violating TOS's of paysites which you so helpfully pointed out are probably invalid anyway. Or do feel it's is only TSR that has any right to claim ownership?
Even if the EULA is valid, EA has the exclusive right to enforce it. The EULA does not give any rights to anyone but EA. In law, this is governed by the doctrine of Jus Tertii. In most cases, a Jus Tertii argument does not hold water.
Ya well we're doing it anyway, so suck it up
In any case, EA does not interpret its EULA the same way you do. In fact, EA apparently condones pay sites, and may actually be in cahoots with TSR. At the very least, they are aware of TSR's activities and have taken no action to shut them down. They have not been so kind to other sites. (Back Alley Sims comes immediately to mind.)
Well EA is not exactly coming after us either are they? I think they enjoy our little arrangement, it's good for business.
Finally, I would not that there is a whole thread on MATY consisting of items pirated from EA's store. Certainly, no on is stating that EA is violating it's own EULA or is even bound by it.
This is PMBD actually, there is no store content here or will there ever be. Do try and keep up.
Like any ordinary thief, the people making the EULA argument are just trying to find a justification for their thievery.
Which brings us back to point 1.
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