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I have no idea what Steam is thinking since the first step in a civil suit is court-mandated arbitration.  Doesn't matter what Steam wants since they'd be the defendants.  They could always refuse arbitration but that shows the judge you're unwilling to be reasonable and they don't like that.

My somewhat informed opinion.  TL;DR a purchased software license trumps the whimsy of community TOS.

Spoiler

Internet TOS can't stand up to any light shined on them in court.  Bethesda learned that with FO76 and the class action lawsuits that were filed; but according to their TOS you waive class action when you install their software.  Don't know about the rest of the planet but in the US that's not valid.

Then there's the question of licensing and TOS site rules.  Look at Youtube, Jack Dorsey's era at Twitter, Dork0ne's Nexus or the cretinism at Lover's Lab; if they prove anything it's that TOS site rules are not binding.  'Because we said so' isn't an axiom that will stand up in court.  The licensor violating terms of a license is something that can be held to account legally.

Example; You violate the TOS Steam because you said something they don't like, and they ban you.  Steam community TOS doesn't supersede your license to access the software required to launch an application you paid for, i.e. a game.  Claiming there are only three genders (male, female, Thai ladyboy) can send some Steam community moderator into a meltdown, but it doesn't violate the licenses you agreed to when you installed game software.  Deny someone access to a license they legally have a right to and there's going to be a problem.  Do it to enough people and you have a class action level problem.

 

  • 3 weeks later...

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