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I can summarize it in one word: ORIGIN. That’s right, EA’s Origin digital storefront. With the upcoming release of Battlefield 3, and likely subsequent EA PC releases, the installation of Origin will be required in order to play the game. This includes both digital copies of the game, and even physical boxed retail copies of the game.

Now, a lot of people may scoff at the notion of boycotting such a massive title as Battlefield 3 over having to install ‘just’ a piece of software on your PC. While it’s true that skipping out on Battlefield 3, or other titles such as Mass Effect 3 makes me cringe, it’s an unfortunate reality for me based on what you’re really signing up for. When you install Origin on your PC you’re not just installing a piece of software, or even making purchases from EA directly — you’re signing away certain rights, and giving EA permission to audit your personal computer.

This has been news for a while on the internet, but Battlefield 3 remains a popular pre-order item. There’s definitely been outcry from various users in the community, but at large the sales may not be impacted all that much, and EA may wind up with exactly what they want: a very large amount of users willingly installing the Origin platform on their PCs. I take major issue with this because of the discrepancies hinted at above.

First off, from the end user license agreement:

“You agree that EA may collect, use, store and transmit technical and related information that identifies your computer (including the Internet Protocol Address), operating system, Application usage (including but not limited to successful installation and/or removal), software, software usage and peripheral hardware, that may be gathered periodically to facilitate the provision of software updates, dynamically served content, product support and other services to you, including online services. EA may also use this information combined with personal information for marketing purposes and to improve our products and services. We may also share that data with our third party service providers in a form that does not personally identify you. IF YOU DO NOT WANT EA TO COLLECT, USE, STORE, TRANSMIT OR DISPLAY THE DATA DESCRIBED IN THIS SECTION, PLEASE DO NOT INSTALL OR USE THE APPLICATION.”

In so many words, what this essentially means is that EA can audit your computer’s contents, installed software, Operating System, and ‘own’ that collected information. At that point they can distribute it to a 3rd party, use it for marketing purposes, or even use it as an anti-piracy technique if you happen to have software installed that is deemed illegal.

There was initial backlash from the community towards EA, which resulted in the amendment to the EULA:

“EA knows that you care how information about you is collected, used and shared, and we appreciate your trust that we will do so carefully and sensibly. Information about our customers is an important part of our business, and EA would never sell your personally identifiable information to anyone, nor would it ever use spyware or install spyware on users’ machines. We and agents acting on our behalf do not share information that personally identifies you without your consent, except in rare instances where disclosure is required by law or to enforce EA’s legal rights.

In addition to information that you give EA directly, EA collects non-personally identifiable (or anonymous) information for purposes of improving our products and services, providing services to you, facilitating the provision of software updates, dynamically served content and product support as well as communicating with you. The non-personally identifiable information that EA collects includes technical and related information that identifies your computer (including the Internet Protocol Address) and operating system, as well as information about your Application usage (including but not limited to successful installation and/or removal), software, software usage and peripheral hardware. As noted above, this information is gathered periodically for purposes such as improving our products and services, troubleshooting bugs, and otherwise enhancing your user experience.”

Essentially, this is a smoke screen to try and detract the consumer away from what you are really signing away here if you choose to use the Origin platform in any way, even by installation, since installation signifies acceptance of these terms. So essentially: if you install Battlefield 3 you are agreeing to these terms outright. Once you agree, you consent to EA auditing your computer, and the having complete control over that information.

To make matters worse, it was recently revealed that the EULA was amended once again to include a section that prevents users of the service to join up in any class action lawsuits against EA — again, stripping you of your rights.

The audacity on display here on the part of EA is almost shocking, and as a consumer I’m dumbfounded as to how or why anyone would willingly sign up for this. DICE, BioWare, and many of the other developers under EA’s publishing crown are just fantastic studios; but EA themselves are showing no regard for the consumer here. Missing out on these incredible games does really pain me to no end, but I simply will not give up so many of my consumer rights in order to do so. There are also other options, such as playing Battlefield 3 on a console, but it’s my right to demand to play the game on the PC. I will not suffer through console controls in a FPS game, as ultimately my personal experience will be compromised.

It’s a sad state of affairs, really. Having to restrict one’s consumption of entertainment, or art if you will, in order not to sign away your rights and privacy really is something that I could not have foreseen as being the modern gaming landscape many years ago. But as the industry gradually expanded throughout history, so has it’s profitability. With profitability comes a greater corporate footprint, and the end result is corporations going to great lengths in order to protect their revenue streams — even if these lengths include stripping you of your rights as a consumer.

This should all be food for thought for all consumers in this digital age. It’s ultimately up to the individual consumer to safeguard his or her own rights, and decide whether or not subjecting themselves to potentially abusive end user license agreements is worth the cost of the product beyond the price tag.