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To ZoS Lawsuit class action contract breach and infringment warning.

  • Malpherian
    Malpherian
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    @Malpherian, just a suggestion here...before waving your "law school student" claim around, you might want to clean up your poor spelling and grammar first. Helps with the credibility, you know.

    Yeah, yeah...it's considered poor form to criticize someone's spelling and/or grammar on internet boards, but when not just double, but triple negatives (plus a misspelling) are thrown at me in one sentence, I'm compelled to make an exception.

    You wrote, "Had Morrowind been a stand alone title not requireing ESO in order to play this would not apply as it would not be considered additional content."

    I realize legal language is deliberately obtuse, but seriously?!

    Yea sorry about that was trying to make a point.
  • AzraelKrieg
    AzraelKrieg
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    Zenzuki wrote: »
    Zenzuki wrote: »
    You, good sir, have received the first "N'wah of the Day" award. Good play to you. My advice to you is the following:

    1. Find a dictionary, brush up on your spelling and grammar. There have been lawsuits made where something so simple as a comma was misplaced. Commas are very important.
    2. You should probably read over the TOS again, this a fine-tooth comb and see that, as you agreed to the TOS, ZOS can and will make changes to the service as they see fit and there is not a thing you can actually do about it.
    3. Maybe consider a different career path. I don't think law is a good fit for you.

    Only if they went to Oxford! :tongue:

    Do not discount the importance of the Oxford comma.
    http://www.mercurynews.com/2017/03/17/missing-comma-crucial-in-10-million-lawsuit/
    That is why the Oxford comma is very important

    I know... thus my comment. :smiley:


    BTW, this thread is funny!

    It is pretty funny.
    Turelus wrote: »
    Glamdring wrote: »
    Where do all the ZoSsuckers come from. They hired some company to balance out this forum?
    Wait, they're paying everyone else to defend them? I need a new contract.

    Note: I don't actually have a contract. I'm really worried about my jokes giving misinformation now. :confused:

    Want to try and get some sort of collective bargaining agreement going @Turelus ? Make sure that all ZOS defenders are entitled to appropriate pay and working conditions? :D
    Gold Dragons Guildmaster PC-NACR2000+
    Kalthar Wolf-Brother – EP Templar - 50 Maeli Valen - EP NB - 50Naps-During-Trials – EP Templar - 50Rulnakh - EP Sorc - 50Azrael Krieg - EP NB – 50Uvithasa Telvanni – EP DK – 50More-Tail - EP Warden - 50Narile Galen - EP Sorc - 50Bone Soldier - EP Necro - 50Naps-During-Trails - EP Necro - 50
  • Uncle_Sweetshare
    Uncle_Sweetshare
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    Glamdring wrote: »
    Where do all the ZoSsuckers come from. They hired some company to balance out this forum?

    More than half the people here aren't in support of ZOS, they're here to laugh at OP for being so foolish.
    PC | NA | EP Uninstalled and refunded. I'm just here to laugh at ZOS.
    Candy, candy, he makes so much.

    Click Here! >>> Do you have a moment to talk about our lord and savior, Battlegrounds? <<< Click Here!

  • deepseamk20b14_ESO
    deepseamk20b14_ESO
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    Find another profession. You're not off to a good start.
    Edited by deepseamk20b14_ESO on June 8, 2017 12:23PM
    Hey everyone! Look! It's a signature!
  • idk
    idk
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    Glamdring wrote: »
    Where do all the ZoSsuckers come from. They hired some company to balance out this forum?

    Because some players with at least moderate intellect see the OPs frail "legal" opinion for what it really is we are ZoSsuckers. LOL What a dull-witted reply.
  • vamp_emily
    vamp_emily
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    Look, I'm going to put this in as simple of terms as I can... In their TOS they reserve the right to do whatever the hell they want, when they want, to whom they want (within their game and on their forums).

    I think I've heard other companies say the same thing :) Heck Microsoft tried to think like that until the company got fined every day until they updated their internet explorer.



    If you want a friend, get a dog.
    AW Rank: Grand Warlord 1 ( level 49)

  • Turelus
    Turelus
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    Turelus wrote: »
    Glamdring wrote: »
    Where do all the ZoSsuckers come from. They hired some company to balance out this forum?
    Wait, they're paying everyone else to defend them? I need a new contract.

    Note: I don't actually have a contract. I'm really worried about my jokes giving misinformation now. :confused:

    Want to try and get some sort of collective bargaining agreement going Turelus ? Make sure that all ZOS defenders are entitled to appropriate pay and working conditions? :D
    I figure a couple of thousand Crowns a month to don the shining white armour seems fair.

    Of course we should probably ask for free medical care as well (although I get that any way in the UK), some of these threads could cause some serious mental health issues and PTS.
    @Turelus - EU PC Megaserver
    "Don't count on others for help. In the end each of us is in this alone. The survivors are those who know how to look out for themselves."
  • Abeille
    Abeille
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    Another thing, this kind of contract is called Adhesion Contract. It is used frequently by service providers. I don't know how far you are in Law School and even if I did, it wouldn't help because I don't know when they teach this to the students in your country, but I suggest reading up on this kind of contract because studying more is never wasted.

    Adhesion Contracts are the ones that service providers give you to sign and you have no option to negotiate, you take it for what it is or you don't get the service. These contracts are prone to abuse, so if you take them to a court of law they will be evaluated to see if they have any clauses considered abusive. Personally, I read the terms of service and I didn't find any blatantly​ abusive clauses. It doesn't mean that someone else won't find anything either, of course. I mean, what two people consider to be blatant unfairness can be different. And what I see as "reasonable expectation" (I suggest studying it too if you haven't already) might not be the same as you.

    Anyway, keep it up.
    Just so that everyone knows, my Altmer still can't have black hair. About a dozen of Altmer NPCs in the game have black hair. Just saying.

    Meet my characters:
    Command: Do the thing.

    Zadarri, Khajiit Fist of Thalmor: The thing was done, as commanded.
    Durza gra-Maghul, Orc blacksmith: The thing was done perfectly, in the most efficient way.
    Tegwen, Bosmer troublemaker: You can't prove I didn't do the thing.
    Sings-Many-Songs, Argonian fisher: Sure, I'll do the thing... Eventually. Maybe.
    Aerindel, Altmer stormcaller: After extensive research, I've come to the conclusion that doing the thing would be a waste of resources.
    Liliel, Dunmer pyromancer: Aerindel said I shouldn't do the thing. Something about "resources".
    Gyda Snowcaller, Nord cryomancer: I will find a way to do it that won't waste resources and make Aerindel proud of me.
    Beatrice Leoriane, Breton vampire: I persuaded someone else into doing the thing. You are welcome, dear.
    Sahima, Redguard performer: Doing the thing sounds awfully unpleasant and really not my problem.
    Ellaria Valerius, Imperial priestess: I'll pray to the Eight for the thing to be done, if it is Their will.
  • abuniffpreub18_ESO
    abuniffpreub18_ESO
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    I think people sit up all night thinking of things to complain about. If you don't like the game or ZOS then quit and go find something else.
  • F7sus4
    F7sus4
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    I have not enough knowledge about (US) law to discuss how does it look on legal side. The only thing I know for sure is that people are mindlessly repeating that "it's an expansion and not a DLC" slang way too much. ZOS did a really good job on the brainwashing part. :)
  • AzraelKrieg
    AzraelKrieg
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    Turelus wrote: »
    Turelus wrote: »
    Glamdring wrote: »
    Where do all the ZoSsuckers come from. They hired some company to balance out this forum?
    Wait, they're paying everyone else to defend them? I need a new contract.

    Note: I don't actually have a contract. I'm really worried about my jokes giving misinformation now. :confused:

    Want to try and get some sort of collective bargaining agreement going Turelus ? Make sure that all ZOS defenders are entitled to appropriate pay and working conditions? :D
    I figure a couple of thousand Crowns a month to don the shining white armour seems fair.

    Of course we should probably ask for free medical care as well (although I get that any way in the UK), some of these threads could cause some serious mental health issues and PTS.

    Sounds like a good deal. Though health care is not an issue for me being Australian.
    Gold Dragons Guildmaster PC-NACR2000+
    Kalthar Wolf-Brother – EP Templar - 50 Maeli Valen - EP NB - 50Naps-During-Trials – EP Templar - 50Rulnakh - EP Sorc - 50Azrael Krieg - EP NB – 50Uvithasa Telvanni – EP DK – 50More-Tail - EP Warden - 50Narile Galen - EP Sorc - 50Bone Soldier - EP Necro - 50Naps-During-Trails - EP Necro - 50
  • Merlin13KAGL
    Merlin13KAGL
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    Turelus wrote: »
    Of course we should probably ask for free medical care as well (although I get that any way in the UK), some of these threads could cause some serious mental health issues and PTS.
    @Turelus they currently offer free rez's at the nearest wayshrine, as I understand it.

    Just because you don't like the way something is doesn't necessarily make it wrong...

    Earn it.

    IRL'ing for a while for assorted reasons, in forum, and in game.
    I am neither warm, nor fuzzy...
    Probably has checkbox on Customer Service profile that say High Aggro, 99% immunity to BS
  • Wolfenbelle
    Wolfenbelle
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    Malpherian wrote: »
    @Malpherian, just a suggestion here...before waving your "law school student" claim around, you might want to clean up your poor spelling and grammar first. Helps with the credibility, you know.

    Yeah, yeah...it's considered poor form to criticize someone's spelling and/or grammar on internet boards, but when not just double, but triple negatives (plus a misspelling) are thrown at me in one sentence, I'm compelled to make an exception.

    You wrote, "Had Morrowind been a stand alone title not requireing ESO in order to play this would not apply as it would not be considered additional content."

    I realize legal language is deliberately obtuse, but seriously?!

    Yea sorry about that was trying to make a point.

    A good lawyer never tries to make a point. A good lawyer always tries to deflect, obfuscate, confuse, etc. Even back in the 1600's, Shakespeare wrote the line, "The first thing we do, let's kill all the lawyers," for good reason. Just sayin...
  • Turelus
    Turelus
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    Turelus wrote: »
    Turelus wrote: »
    Glamdring wrote: »
    Where do all the ZoSsuckers come from. They hired some company to balance out this forum?
    Wait, they're paying everyone else to defend them? I need a new contract.

    Note: I don't actually have a contract. I'm really worried about my jokes giving misinformation now. :confused:

    Want to try and get some sort of collective bargaining agreement going Turelus ? Make sure that all ZOS defenders are entitled to appropriate pay and working conditions? :D
    I figure a couple of thousand Crowns a month to don the shining white armour seems fair.

    Of course we should probably ask for free medical care as well (although I get that any way in the UK), some of these threads could cause some serious mental health issues and PTS.

    Sounds like a good deal. Though health care is not an issue for me being Australian.
    Okay scrub the healthcare and get another couple of thousand Crowns, probably save ZOS thousands that way.
    @Turelus - EU PC Megaserver
    "Don't count on others for help. In the end each of us is in this alone. The survivors are those who know how to look out for themselves."
  • AzraelKrieg
    AzraelKrieg
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    Turelus wrote: »
    Turelus wrote: »
    Turelus wrote: »
    Glamdring wrote: »
    Where do all the ZoSsuckers come from. They hired some company to balance out this forum?
    Wait, they're paying everyone else to defend them? I need a new contract.

    Note: I don't actually have a contract. I'm really worried about my jokes giving misinformation now. :confused:

    Want to try and get some sort of collective bargaining agreement going Turelus ? Make sure that all ZOS defenders are entitled to appropriate pay and working conditions? :D
    I figure a couple of thousand Crowns a month to don the shining white armour seems fair.

    Of course we should probably ask for free medical care as well (although I get that any way in the UK), some of these threads could cause some serious mental health issues and PTS.

    Sounds like a good deal. Though health care is not an issue for me being Australian.
    Okay scrub the healthcare and get another couple of thousand Crowns, probably save ZOS thousands that way.

    I'm cool with that. And anything to save ZOS a bit of coin for further development is a plus to me
    Gold Dragons Guildmaster PC-NACR2000+
    Kalthar Wolf-Brother – EP Templar - 50 Maeli Valen - EP NB - 50Naps-During-Trials – EP Templar - 50Rulnakh - EP Sorc - 50Azrael Krieg - EP NB – 50Uvithasa Telvanni – EP DK – 50More-Tail - EP Warden - 50Narile Galen - EP Sorc - 50Bone Soldier - EP Necro - 50Naps-During-Trails - EP Necro - 50
  • anitajoneb17_ESO
    anitajoneb17_ESO
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    True, but OP is also putting basing his argument on something that does not exist. He has not read the ToS and clearly does not understand some very basic fundamentals.

    Well here in France software "ToS" are often considered invalid and discarded by the courts. Mostly for the reason that they're considered too long and too complicated to read as compared to the value of the product. In other words, if you want someone to buy something worth 50 euros for immediate usage, then you should not include 80 pages of "ToS" with it, because in this case, they're considered as forced upon the customer instead of "understood and agreed".
    Instead, the judges use common sense and industry practice as references.
    My point being that ToS is not necessarily binding, even if we have clicked "OK".




  • Abeille
    Abeille
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    Malpherian wrote: »
    @Malpherian, just a suggestion here...before waving your "law school student" claim around, you might want to clean up your poor spelling and grammar first. Helps with the credibility, you know.

    Yeah, yeah...it's considered poor form to criticize someone's spelling and/or grammar on internet boards, but when not just double, but triple negatives (plus a misspelling) are thrown at me in one sentence, I'm compelled to make an exception.

    You wrote, "Had Morrowind been a stand alone title not requireing ESO in order to play this would not apply as it would not be considered additional content."

    I realize legal language is deliberately obtuse, but seriously?!

    Yea sorry about that was trying to make a point.

    A good lawyer never tries to make a point. A good lawyer always tries to deflect, obfuscate, confuse, etc. Even back in the 1600's, Shakespeare wrote the line, "The first thing we do, let's kill all the lawyers," for good reason. Just sayin...

    Perhaps back then. Nowadays we learn ethics in Law School.

    Well, at least in mine.
    Just so that everyone knows, my Altmer still can't have black hair. About a dozen of Altmer NPCs in the game have black hair. Just saying.

    Meet my characters:
    Command: Do the thing.

    Zadarri, Khajiit Fist of Thalmor: The thing was done, as commanded.
    Durza gra-Maghul, Orc blacksmith: The thing was done perfectly, in the most efficient way.
    Tegwen, Bosmer troublemaker: You can't prove I didn't do the thing.
    Sings-Many-Songs, Argonian fisher: Sure, I'll do the thing... Eventually. Maybe.
    Aerindel, Altmer stormcaller: After extensive research, I've come to the conclusion that doing the thing would be a waste of resources.
    Liliel, Dunmer pyromancer: Aerindel said I shouldn't do the thing. Something about "resources".
    Gyda Snowcaller, Nord cryomancer: I will find a way to do it that won't waste resources and make Aerindel proud of me.
    Beatrice Leoriane, Breton vampire: I persuaded someone else into doing the thing. You are welcome, dear.
    Sahima, Redguard performer: Doing the thing sounds awfully unpleasant and really not my problem.
    Ellaria Valerius, Imperial priestess: I'll pray to the Eight for the thing to be done, if it is Their will.
  • R0C95
    R0C95
    Ok, not trying to predicate this post with "As a (blank) student" but here goes:

    As an MBA graduate with 13 years of business experience including owning 2 of my own, I have an opinion on the Morrowind expansion.

    Everyone complaining about cost is overlooking just how much stagnant revenue generation would effect their overall gaming experience.

    If zenimax doesn't keep revenues increasing, then they reserve the right to pull out of the continued support and changes on this game. This means no more ESO. You see this materialize this in many different ways with other software companies. What happened to The game Destiny being a developer "10 year plan"? They charged for all DLC, then scrapped the game after 2 years to make Destiny 2; which by the way is $60...

    Zenimax has to prove to their investors that this series is still profitable. Profit is defined in this situation as additional eso subscriptions sold, crown purchases, and Morrowind expansion in this example.

    Just be happy that zenimax didn't abort ESO for ESO 2 which would cause you to lose all of your time spent on this game.

    That's all.
  • idk
    idk
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    True, but OP is also putting basing his argument on something that does not exist. He has not read the ToS and clearly does not understand some very basic fundamentals.

    Well here in France software "ToS" are often considered invalid and discarded by the courts. Mostly for the reason that they're considered too long and too complicated to read as compared to the value of the product. In other words, if you want someone to buy something worth 50 euros for immediate usage, then you should not include 80 pages of "ToS" with it, because in this case, they're considered as forced upon the customer instead of "understood and agreed".
    Instead, the judges use common sense and industry practice as references.
    My point being that ToS is not necessarily binding, even if we have clicked "OK".



    Of course everything is just paper, or something, until tested in court. My point, and the point of most in here, is OP has based his argument from thin air. Claiming to be a law school student to support his feeble opinion is his only crutch.
    Edited by idk on June 8, 2017 12:32PM
  • Franieck
    Franieck
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    More than half the people here aren't in support of ZOS, they're here to laugh at OP for being so foolish.[/quote]

    I feel sorry for you OP. You posting something like this on these forums reminds me of a dear taking a bath in ketchup and sitting in the middle of a pack of hungry lions.
    And while I do feel bad for you and the unfriendliness of the people here, I'm looking at this and going:jack-nicholson-nodding.gif







    Edited by Franieck on June 8, 2017 12:33PM
  • Uncle_Sweetshare
    Uncle_Sweetshare
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    Turelus wrote: »
    Turelus wrote: »
    Turelus wrote: »
    Glamdring wrote: »
    Where do all the ZoSsuckers come from. They hired some company to balance out this forum?
    Wait, they're paying everyone else to defend them? I need a new contract.

    Note: I don't actually have a contract. I'm really worried about my jokes giving misinformation now. :confused:

    Want to try and get some sort of collective bargaining agreement going Turelus ? Make sure that all ZOS defenders are entitled to appropriate pay and working conditions? :D
    I figure a couple of thousand Crowns a month to don the shining white armour seems fair.

    Of course we should probably ask for free medical care as well (although I get that any way in the UK), some of these threads could cause some serious mental health issues and PTS.

    Sounds like a good deal. Though health care is not an issue for me being Australian.
    Okay scrub the healthcare and get another couple of thousand Crowns, probably save ZOS thousands that way.

    Wait wait... Can the Americans trade the Crowns for healthcare?
    PC | NA | EP Uninstalled and refunded. I'm just here to laugh at ZOS.
    Candy, candy, he makes so much.

    Click Here! >>> Do you have a moment to talk about our lord and savior, Battlegrounds? <<< Click Here!

  • AzraelKrieg
    AzraelKrieg
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    Turelus wrote: »
    Turelus wrote: »
    Turelus wrote: »
    Glamdring wrote: »
    Where do all the ZoSsuckers come from. They hired some company to balance out this forum?
    Wait, they're paying everyone else to defend them? I need a new contract.

    Note: I don't actually have a contract. I'm really worried about my jokes giving misinformation now. :confused:

    Want to try and get some sort of collective bargaining agreement going Turelus ? Make sure that all ZOS defenders are entitled to appropriate pay and working conditions? :D
    I figure a couple of thousand Crowns a month to don the shining white armour seems fair.

    Of course we should probably ask for free medical care as well (although I get that any way in the UK), some of these threads could cause some serious mental health issues and PTS.

    Sounds like a good deal. Though health care is not an issue for me being Australian.
    Okay scrub the healthcare and get another couple of thousand Crowns, probably save ZOS thousands that way.

    Wait wait... Can the Americans trade the Crowns for healthcare?

    I don't see why not. A collective bargaining agreement ensures that all those covered by it get a good deal. They are used quite a lot in the public sector in Australia.
    Gold Dragons Guildmaster PC-NACR2000+
    Kalthar Wolf-Brother – EP Templar - 50 Maeli Valen - EP NB - 50Naps-During-Trials – EP Templar - 50Rulnakh - EP Sorc - 50Azrael Krieg - EP NB – 50Uvithasa Telvanni – EP DK – 50More-Tail - EP Warden - 50Narile Galen - EP Sorc - 50Bone Soldier - EP Necro - 50Naps-During-Trails - EP Necro - 50
  • AzraelKrieg
    AzraelKrieg
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    I've just noticed something with this tread. As more new replies come in, the topic doesn't get pushed to the top of the list.
    Gold Dragons Guildmaster PC-NACR2000+
    Kalthar Wolf-Brother – EP Templar - 50 Maeli Valen - EP NB - 50Naps-During-Trials – EP Templar - 50Rulnakh - EP Sorc - 50Azrael Krieg - EP NB – 50Uvithasa Telvanni – EP DK – 50More-Tail - EP Warden - 50Narile Galen - EP Sorc - 50Bone Soldier - EP Necro - 50Naps-During-Trails - EP Necro - 50
  • Hlaadriel
    Hlaadriel
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    Every thread that starts with "as a law student, I..." should just be auto-locked.
    Malpherian wrote: »
    Like say changing the subscription from 14.99 to 140.99 overnight. A contract is a Contract for a reason and can not be changed without explicit consent by said consumer.

    Two things are clear.

    1. you have not read the ToS.
    2. Your time in law school is questionable, at least time spent awake and alert.

    I personally believe, that the OP, as a law student, probably is a first year law student, and that therefore your Honor, should be excused for not being able to read the ToS. (read with Miss Teen California voice)
  • Turelus
    Turelus
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    Turelus wrote: »
    Turelus wrote: »
    Turelus wrote: »
    Glamdring wrote: »
    Where do all the ZoSsuckers come from. They hired some company to balance out this forum?
    Wait, they're paying everyone else to defend them? I need a new contract.

    Note: I don't actually have a contract. I'm really worried about my jokes giving misinformation now. :confused:

    Want to try and get some sort of collective bargaining agreement going Turelus ? Make sure that all ZOS defenders are entitled to appropriate pay and working conditions? :D
    I figure a couple of thousand Crowns a month to don the shining white armour seems fair.

    Of course we should probably ask for free medical care as well (although I get that any way in the UK), some of these threads could cause some serious mental health issues and PTS.

    Sounds like a good deal. Though health care is not an issue for me being Australian.
    Okay scrub the healthcare and get another couple of thousand Crowns, probably save ZOS thousands that way.

    Wait wait... Can the Americans trade the Crowns for healthcare?
    You shouldn't have to, free health care should be a standard for any developed county. If you want to change it so that's true, consider where to sign the cross in four years time.

    That's as political as I will get on the issue.
    @Turelus - EU PC Megaserver
    "Don't count on others for help. In the end each of us is in this alone. The survivors are those who know how to look out for themselves."
  • ZOS_Ragnar
    ZOS_Ragnar
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    We have closed this thread. Discussing lawsuits is considered to be in violation of our forum rule regarding demands and threats. We believe that theses type of threads are non-constructive and discourage productive discussions.
    Edited by ZOS_Ragnar on June 8, 2017 12:40PM
    The Elder Scrolls Online - ZeniMax Online Studios
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