Fair enough the decision was made earlier. If you look further in the quote, FD spent a lot of time trying to make it work before deciding it wasn't possible. What more do you want them to do?
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before you get all legal on things...
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Your are aware that the mods are not connected with FD, they are just volunteers who moderate the forum. Nothing the mods say represents the actual official opinion or word from FD (any more that the person who cleans the offices of IBM can speak for IBM). The mods have repeatedly stated (as it is asked often) that they So your case may rest on people pre ordering a product based on a feature that, although it has been discussed as a possibility, is not officially in the product.
So important thing, I really don't attack the technical merit of the decision to remove offline. I take what FD tell me at face value. I backed to a significant level and I stand by that backing even though I am very dubious as to general quality of the game right now.
I am aware that mods are not FD staff but would someone visiting the forum know that? They may have a legitimate expectation that what a mod says - as someone empowered by FD and in fact carrying the FD logo as their avatar - can be acted upon. After all, mods are sanctioned by FD to do forum tasks. If a mod is sanctioned to make decisions on banning people, redacting posts, then surely they are empowered and at least expected to post reliable information. Otherwise, how can they make reliable decisions on redaction of information (moderate) if they do not have the latest reliable information and standards? It's a simple logical point. A question we might ask is, "who assigns the role of a moderator? and therefore who is accountable for ensuring they perform the assigned role correctly?"
You have to think of this in terms of not how you or I may think, but a forum newbie looking for information on which they base a purchase. Through FD's weak management of the human impact of what I am prepared to believe is a sound technical decision, we now have a scenario where that mod's post may conceivably be used in a legal context, as would Brookes' and Braben's own. The mod in question could even have to give evidence one day, should a case end up in court, which of course we hope won't happen. How much weight would be placed upon that post and any evidence is of course anyone's guess at this point. It's the very fact FD have allowed him to be put in that place that is alarming, they basically put that guy in the front line then crapped all over him by not keeping him abreast of changes and thereby put him in a rotten place.
The crucial thing in the EU is that any case such as this, actually rests on the seller making known DRM or any other such technical constraints at purchase time. So if it does end up in a legal situation, that's merely down to FD not following the rules. The ball is made to be firmly in the seller's court and you can't blame anyone who does now want to take FD to the cleaners, if they spent £200 on alpha, for example. Again, FD put themselves in that place by not managing the impact. It was notable when I asked Brookes a direct question 7 times yesterday as to whether refunds would be offered to Store buyers due to this decision, he would not unequivocally answer it. Maybe FD need to seek legal advice themselves, but then he could simply say, "we're going to examine the impact of this decision over the coming week". It's the lack of accountability they show that galls me. Every newsletter is, "last chance to buy xxxxx", but when it comes down to clarity and accountable decision making, there is no one there. It's all very 'bedroom developer' mentality.
I am not saying I have all the answers and I am very interested to see what happens with any refunds and so I have vowed to support any such requests (my sister is a law partner and I simply have too much time on my hands and an enquiring mind!), and yes, this may well be the only reasonable
technical decision, but the management of the impact of the decision has been very weak, and who would you say is accountable for that process?