RGP all in a tizzy

[2Tone]

for a change

The current issue is over Party's apparent ability to take screen shots of your desktop to prevent uses of bots.



Personally, I'm glad they are taking measures to prevent the use of bots, but it does seem intrusive if indeed they actually can and are taking captures of my desktop, on which I could have plenty of other material.

Does anyone have reliable info on whether they can and/or are doing this, and if so if it something I should worry about, assuming I'm not using bots?

[BlibbityBlabbity]

I don't care what there purpose is, that can't be legal.

[ChipFish]

It is when you are based offshore and don't have to answer to anyone.

[Aequitas58]

Correct. Although it seems like an invasion of privacy, which is a direct violation of your fundamental rights granted by the US Constitution, Party wins for two reasons:

(i) They are based offsure, and thus do not have to comply w/ US laws...
and
(ii) By playing on PartyPoker, the users probably had to accept said intrusion when s/he agreed to the license agreement (upon installation).

I have arguments which attack these defenses if anyone wants to hear them!!

[ChipFish]

I would like to hear the prosecutions arguements if you are bored and want to type them out.

However, I do believe that collection of any fine would be virtually impossible, unless partypoker was to voluntarily pay such fines (I highly doubt this).
Who would enforce it?

[Aequitas58]

I'm about to go watch a movie with the girlfriend, so this won't be as good as I previously imaged due to my time limitations...

The "prosecutions" arguments would be brought by the US Attorney General - which was formerly, John Ashcroft. I don't know who replaced him. Basically, here are my two arguments:

Re: "Invasion of privacy, but too bad since we're offshore..."
This is a strong argument for them, but US can counter by saying something to the extent of: You as an entity and corporation, which is formed out of the sole purpose of making money, is intentionally and flagrantly violating the privacy rights of OUR citizens, and even though you are not controlled by the laws on this national jurisdiction, we have a problem with you screwing with our citizens.

Re: "PartyPoker claims that you accepted the terms upon installation."
Did you know what you were clicking when you clicked "accept?" Was the authorization to obtain graphical copies of PartyPoker user's desktops buried in PartyPokers EULA biolerplate? Was the language of authorization comprehendable to the "average" citizen, or does it take a specialized or detailed knowledge to even READ the EULA?

Another possible argument:
PartyPoker advertises their product on United States televisions nationwide. Are they somehow accepting liability via provisions of the UCC because they are advertising to American citizens.

That's about it for now. The arguments can get more detailed and even branch off with some more time.