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EA Origin EULA sparks privacy concerns

Mandatory licensing agreement for online service appears to indicate publisher can monitor, pass on data on all software installed on users' PC.

235 Comments

Electronic Arts has been investing heavily in online distribution and connected gaming over the past few years, and one of the biggest of those investments is its new service, Origin. A full-on replacement for the EA Store, Origin serves as a hub and infrastructure for downloading and playing PC games, as well as ordering boxed products for other platforms.

Violating the American people's privacy wouldn't be such non sequitur in Battlefield 3.
Violating the American people's privacy wouldn't be such non sequitur in Battlefield 3.

However, speculation has arisen that Origin serves as a clandestine way for EA to intrude upon users' privacy. Posting to The Escapist's message boards, forum user Dirty Hipsters called out Origin's End User Licensing Agreement, claiming that not only does the verbiage allow EA to "monitor your PC and to make a profile of you," but also detect "illegally downloaded material" and see what websites have been viewed.

Consulting Origin's EULA, the passage in question can be found in Sections 2 and 3, titled "Consent to Collection and Use of Data" and "Application Communications and Conduct/Privacy Settings," respectively. When EA refers to the "Application" in this context, EA notes that it is in reference to Origin and all related software, documentation, and updates.

"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," Section 2 reads.

"EA may also use this information combined with personal information for marketing purposes and to improve our products and services," the section continues. "We may also share that data with our third party service providers in a form that does not personally identify you."

The Section 3 passage reads: "EA reserves the right to monitor communications on the Application and disclose any information EA deems necessary to (i) ensure your compliance with this License; (ii) satisfy any applicable law, regulation or legal process; (iii) protect the rights, property and interests of EA, its employees or the public. EA also reserves the right to edit, refuse to transfer and/or to remove any information or materials, in whole or in part, in EA's sole discretion."

The EULA goes on to note that if users do not agree to EA's collection of this type of data, they should not install the application. It also says that this data is being used in accordance with EA's privacy policy, which among other statements, states that, "EA will never share your personal information with third parties without your consent." However, it is unclear how EA's privacy policy is compatible with the rights reserved in Section 3 of Origin's EULA, if at all.

As with most legal language, the extent to which EA is able to use this EULA to monitor users is open to interpretation. However, the EULA is markedly different from EA's standard PC software agreement. For EA's standard PC EULA, the "Consent to Use of Data" section is more narrowly confined to "technical and related information that identifies your computer (including an Internet Protocol Address and hardware identification), operating system and application software and peripheral hardware."

The addition of the "software, software usage" verbiage could be interpreted as including the ability to monitor any installed program, regardless of its provenance. EA's Origin EULA also adds the right for the publisher to share whatever it finds with anyone it chooses.

EA has run into privacy concerns in the past. Most notably, in 2006, the publisher first revealed that it had begun collecting users' data as a way to target and deliver in-game advertisements to players.

EA had not responded to GameSpot's request for comment on the matter as of press time.

Got a news tip or want to contact us directly? Email news@gamespot.com

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kiba6x

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EA, come in f***ing BULGARIA to arrest me for piracy! Hahahaha ....

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jollybest1

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one more thing try deus ex HR that game is awesome still waiting to receive my copy (tomorrow :D)...But don't miss this game it is very good .....next year we will see a new Stalker that will be released on consoles too a new Metro a new Counter Strike probably Diablo 3 so why cry afther BF3 , oh yes skyrim ME 3

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VarietyMage

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Well, that does it. I'm not buying any more EA titles until I hear on here or elsewhere that that provision is taken out completely. I will NOT have some crappy game software publisher being Big Brother on my computer. *gives EA two middle fingers*

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jollybest1

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@Rottenwood neah they will probably win this , and the gamers of America aren't the best example ...most of the low budget companies (Bohemia, CDPR, GSC, and others) are suported by the Europeans , countries like Poland Hungary Germany Rusia France ...countries like mine tend to go with the flow meaning BF COD GOW HALO and other major games (note major doesn't mean better)...but most of the gamers (casual and hardcore or whatever) will go with the mass .........because COD and BF is what they know , good publicity bad publicity it doesn't matter all of the gamers know about COD and BF3 (yes all), so many will buy this game even if it has some bad publicity under it's belt....so EA did it's Job by making the game known to every kid man or teenager

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M4cR1II3n

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Oh, why no, God, no! Don't make me buy MW3! D: In all seriousness, I actually did read the EULA on Origin, which didn't contain anything THAT suspicious compared to many other licence agreements. However, it's still very shady, and people have all the right in the world to complain. So if enough people do just that, EA might actually back down. Heck, it worked on Ubisoft and their BS DRM. So go on and spam EA now people, so I won't have to cancel my BF3 pre-order :P

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Rottenwood

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Probably a decent money move overall. The vast majority of the Battlefield audience won't ever hear about this, and probably wouldn't care, since they just want BOOM HEADSHOTZ and aren't exactly combing over the particulars of the EULA. Now EA can keep their peepers on the competition and see how they're trending against COD. There will be some blowback, of course, but mostly from people who are too old for games like Battlefield anyhow, so they won't be losing sales in that regard. I'm sure EA can weather the brutal storm of non-customers complaining about them on blogs. Maybe the gamers of America will surprise us by passing on this tripe and buying something creative, invigorating, and heartfelt. I kinda doubt it, tho'.

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Rovelius

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Well this just made my choice between BF3 and Arma3 easier.

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GunBladeHero

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It's not the first time I saw agreements like that, Capcom, Sony and even Nintendo has such agreements, however this ''We will monitor which website you visit and search for illegaly downloaded material'' is bull@$%*! I would never agree with such a thing fully knowing the consequences. EA proves us once again how incompetent they are by trying to dominate the market using such absurd methods!

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Taix34

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It kinda feels Like EA is Watching Meeee

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Shanks_D_Chop

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Good thing I didn't pre-order anything... I think I can live without this game.

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scarabD

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Hey. Where is the folks that always say "It's all the same to run the game on Steam or Origin". Thats it, another reason to keep asking BF3 on Steam.

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bevnboy

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Dear EA, Do you want my money or not? Sincerely, disappointed customer

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LoganDaDestroya

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@Rocker6 Actually Battlelog is freaking amazing, it's one of those things you'll have to try to like the idea of though, but I used it during the alpha and it worked brilliantly :D Although everything else sucks, Origin is completely pointless, and now they've given us even more reason to hate it. I can't believe they are ruining such an amazing looking game for their own marketing purposes. DICE, Bioware, Crytek, etc. I feel sorry for them all...

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jollybest1

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@Snow_Girl I can imagine an EA representative at my door with a 100 pages long contract and a pen telling me to sign the contract because i've bought a game from them....and when asked how did he knew my address he would answer Origin man, F*ck Yah we know with whom you sleep what you eat we know everything we are EA we want to control the world duhhhhhh ....that would be awkward :)

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jasonzilla11

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Yeah, I pre-ordered from GameStop a long time ago, so I can't cancel it and change it. God, Activision wouldn't do something this stupid. EA is really trying their hardest to make BF3 fail. And they've become the worst publisher on this planet. *clap* *clap* So, I guess I'll be playing MW3. And GoW3.

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steveguttenberg

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Oh, EA, you rascal! I didn't need another reason to avoid buying your games. But it's a very kind gesture. I appreciate it when companies save me money.

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Rocker6

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@skyler303 Its still a great game,better than CoD,but stupid decisions are ruining everything,I mean,why develop a game primarily for PC,and then f$ up everything for PC gamers.They removed dedicated servers and added some stupid Battlelog with external servers,forced this Origin spyware on us,and removed the game from Steam,a DD distributor that completely revitalized PC gaming.

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gameking5000

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Battlefield 3 might become no-compeitive on the PC. It's Not on Steam, people hate Origin and now major privacy concerns?!

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Rocker6

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@jollybest1 Yeah,youre right,we are very much to blame in this problem,but one day,that will backfire for greedy companies alot when even the most brainwashed consumers open their eyes.After all,we can live without them,but they cant live without us giving them money.And you are right about those smaller companies,I gladly support small studios like that,they are the only ones making challenging games that arent dumbed down to the point of playing itself.Sooner or later companies will go to far,and ppl will open their eyes.

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Oggy1985

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EA gone mad... oh wait, we all already knew they were out of their mind and this ToS is just one more proof.

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jasonzilla11

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Wow, great job, EA. Now the game I've been waiting 6 years for I can't play because I just uninstalled Origin. Screw you, EA.

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jollybest1

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@Rocker6 I AGREE, but the ones to judge are us the buyers/gamers/clients/idiots that buy crap....Companies are like this because they can because we permit them, and when they know their product is wanted (like with BF3) they bring more crap for us to eat because again they can.....Companies like CDPR (the witcher creators) Bohemia (OPF and Arma creators) Deep silver/Egosoft (X universe) GSC (stalker) and other minor companies are bashed down by stupid gamers that can't play a game properly and GOW/HALO/COD/......maniacs are killing the industry by seeing thoose games the first and the last that did something right or lost their minds because of how easy is to kill a guy/monster/alien and when they receive a complex game they will bash it because they don't know how to think to move TO PLAY A GAME.....that's why EA/Acti-Bliz/Microsoft/......are doing this s**** because they can, same rehashed s*** every year....

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Rocker6

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I see a lot of Uninstalling comments.Glad I never installed that PoS on my hard drive.If I did,I doubt my PC would ever forgive me :P

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BrendanGlover

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Jeez!

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Dudemanrock1

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Uninstalling Origin now.

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DawnBlue

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Dude, where's my privacy?

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Rocker6

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@iamrob7 True,its really sad,quality of games made by those companies is dropping thanks to EA,and even when they make a game that looks very promising like BF3,you have to deal with crap like this.I wonder if EA has some more $h!tty suprises about BF3 for us.

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EG-Mist

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this is really bad stuff from EA. They are going against there own contract. They say if you dont like the terms and conditions you can not install origin however with battle feild 3 you will be forced to install origin or you cannot play the game. even if you buy a cd copy it has to be installed. i think its safe to say this is a brech of contract.

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Unholy123

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Mmmmm can you feel that EA digital reacharound? God knows I've said it before and i'l say it again EA online anything will be terrible they are a company that has one thing in mind profit and how to maintain it or else the board will whip them, if they have to monitor your comp and see what programs you use so they know what ad's to sell you and ect, ect, ect Apparently that's no problem just slip a few lines in the EULA to cover their butt cause really who reads every word of those things everytime... but with EA you ALWAYS should apparently.

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the22for4

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i cant believe that ): !

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Snow_Girl

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@firehawk998 - I agree, this is a weird timing... Bad publicity is publicity too, I guess?... Anyway, I think this "data collection" has nothing to do with gaming, and has no business being there. The EULA is there to protect the product, not to attack the user. Imagine how ridiculous it would look if it was presented as a separate contract.

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NeilCardiff

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Looks like I'm not the only customer EA has just lost.

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iamrob7

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I feel sorry for the companies EA owns which make great games that have to be part of EA's ongoing nonsense. Free Crytek/Bioware/DICE etc - Do everyone a favour.

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iamrob7

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Steam - Sends out a voluntary hardware survey to random members allowing you to choose whether to take part or not. Websites - Use third party cookies to track your clicks within an affiliated network such as google-analytics for advertising purposes. Something that can voluntarily be disabled by simply not accepting the cookies or using one of many plug-ins available for your browser all over the internet. Including one from Google themselves. EA - Takes any information it wants from your computer whenever it wants and sells it to whoever it wants...and once you install Origins you have no choice in whether they do so and have forfeited your right to privacy. Cue the Origin fanboys to tell you "you better stop using the internet because everyone does that" - No they don't, minor voluntary intrustion =/= major compulsory intrusion. I was hoping Origins would be interesting competition for Steam, some good sales etc, but seemingly as with everything EA have managed to turn it into a giant clusterduck.

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LoganDaDestroya

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@skyler303 It's not the game, Battlefield 3 will be amazing, DICE is doing a really good job with it. It's a shame though that EA forces people to use unnecessary software for it. You'd think they'd try harder to keep as many bad things from Battlefield as possible! Although, Microsoft windows does the same thing really...

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OJ_the_LION

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As if Origin wasn't crappy enough already. Not only am I not going to get BF3 at all now, I'm probably not going to buy any EA games at all anymore. Shame, seems they were at least trying to release better quality games, but they need to let off this DRM crap.

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fratos

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Good job EA,you just transfered my money from your account to Bohemia's. I'm getting Arma 3.Might aswell make BF a console exclusive again,i don't give 2 sh!ts anymore.

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skyler303

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THIS is the game the Battlefield fanboys have been raving about? Looks like Activision will be laughing about this one.

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DeliCiousTZM

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Omg wtf they can detected pirated stuff UPSET.

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nyran125

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im certainly not happy with this part .............. EA may also use this information combined with personal information for marketing purposes and to improve our products and services," the section continues. "We may also share that data with our third party service providers in a form that does not personally identify you." we can also USE this information COMBINED WITH PERSONAL INFORMATION, lol wtf?

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firehawk998

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Battlefield 3 from the looks of it will already be one of the best game released this year and the surprising thing is that EA is really trying damn hard not to make it successful in terms of sales. First boycotting Steam( which has 30+ million users) and now this spyware. Does EA want BF3 to fail ?

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nyran125

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this is STEAMS take on third party stuff. VALVE doesnt care whats on yoru computer and believes you have a right to your privacy with 3rd party stuff. There is NOTHING in STEAMS EULA that says anything about collecting data without consent just by using the service. 6. THIRD PARTY CONTENT In regard to all Subscriptions, Software, and related content that are not authored by Valve, Valve acts merely as an intermediary service provider. Valve does not screen such third party content available on Steam or through other sources. Valve does not assume any responsibility or liability for such third party content. the fact Origin has access to my privacy settings is completely not on, im not touching it and i couldnt care less how good the game is, Modern Warfare 3 and CS:GO here i come.

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nyran125

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sweet, just pre ordered Modern Warfare 3 and im not touching Origin, i knew it was dodgy. Thx Gamespot for saving me the time. I have now officially forgotten BF3 exists OR i will still buy the retail copy but hopefully there will be an ORIGIN crack somewhere or no cd crack so i dont hav eto install this.. Not even STEAM collects my data, unless i specifically am asked for survey information. It only checks whats installed in the STEAM folder adn thats it.

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Specter2k5

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People should get this out to the news agencies, thats the only way we will be able to get EA to change is blatant invasion of privacy.

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mrmime777

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EA has done a fine job "cleaning up" its act by trimming the fat of mediocre franchises and pushing new IP like Dead Space and Dragon's Age. But with this kind of scandal they only prove one thing to me, that new IP's were just to stay afloat and make more money by providing the next hot new thing - they have no underlying concept of service to their customers and want to infringe on users' rights as much as they can, as long as it gets more profits. If it doesn't lose them money and no one calls them on it, EA does not care what it does. And what's more they seem to always be on the forefront of doing something particularly smelly to users. In that way EA is quite the innovative company. Yeah, corporations are centered around profit to stay afloat, I get that and I sympathize with them in this competitive industry, but at least other corporations manage to get profits with a genuine and expressed concern for customer satisfaction. And they do little things to demonstrate that, like free DLC or removing DRM after a game goes live, just because they appreciate the consumers that bought their game. EA obviously has no such philosophy, or if they do, they don't care to demonstrate it in the least, which is just as bad. You catch more flies with honey than with vinegar, EA.

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Hellcat-

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Looks like the console version for me,

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jollybest1

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the Devil exists, and his real name is EA....last EA game i will buy -BF3-....that's it... they can shove their program up their arses from my point of view

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Damnation_6

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...oh come on EA....don't go Evil again....then we would have 2 big evil game companies. Is this the reason you have disssagreements with Steam? Do I really need to get an Xbox copy instead of PC for Battlefield 3 because of this stupid stunt your pulling (or chancle my order completely?) What hardware and operating system I have? Fine it's yours...I don't care. But I don't get why EA needs to know more then that about me. What I find more disturbing is giving it to third parties.

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