Baldur's Gate 3 EULA - What is Larian Afraid Of?!?!
Channel: Jonathon Barton
Date: 2023-08-03

Before I start playing, I have some significant questions about the Baldur's Gate 3 EULA.

Section 5 says this...

- 5. ADDITIONAL OBLIGATIONS IN ELDRITCH LAW

- Time for a pause, as We understand by now your mind is longing for respite, having endured the above numerous provisions of legal jargon.

- So, setting aside the weighty tomes of somber legality, embracing a lighter path of ancient customs and mystical degrees that governed the fair folk, please be wary that in accepting this Pact, you agree to refrain from striking a deal with another creature of Fey, Infernal, or otherwise Eldritch origin. Should you nonetheless not be able to withstand the seductive melody whispered by their malevolent terms, We reserve the right to sever all ties professional or social with the end user and seek appropriate remedy from the Morninglord.

Section 15 ("Choice of Law and Venue") says this in paragraph 3. 

-  EXCLUDING SECTION 5 OF THE PACT, THIS PACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH IRISH LAW, EXCLUSIVE OF ITS CHOICE OF LAW AND/OR CONFLICTS OF LAW JURISPRUDENCE.

and Paragraph 4 says this...

- **EXCLUDING SECTION 5 OF THE PACT AND WITHOUT PREJUDICE TO ANY RIGHTS YOU HAVE BASED ON YOUR PERSONAL JURISDICTION AND TO THE EXTENT ALLOWED BY SUCH JURISDICTION, THE EXCLUSIVE VENUE FOR ALL LITIGATION REGARDING OR ARISING OUT OF THIS PACT SHALL BE IN IRELAND, AND YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS IN IRELAND FOR ANY SUCH LITIGATION. In any legal claim under this Pact, the side, which wins will be entiteled to its legal fees and expenses.

So, the legal groundwork laid...My question about the EULA is this.

What provisions of Irish Law does Larian find SO concerning from a legal perspective - that they find those provisions to be such an existential threat to Larian as a company - that they specifically and explicitly EXCLUDE Section 5 from being subject to Irish Law?!?!?!