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Considering a class action law suit based on false advertisment


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#1
SLICKK

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Whether or not you enjoyed the conclusion to Mass Effect 3 (personally I feel
it tarnished an otherwise masterful series) please take a look at the
pre-release quotes below from websites and interviews with the game's
developers, writers and producers.

Does all that talk of meaningful player choice, multiple significantly
different endings and closure for the characters and series not seem,
at the very least, strange?

I believe Bioware can be legitimately accused of, at best, fudging the
truth if not outright deceit given the inconsistency between notions
of choice, closure etc. expressed before the game was released and
the ending as it currently stands.

In my opinion Bioware produced a badly written, ill-conceived shambles
of an ending riddled with plot holes and logical inconsistencies but
even if you loved the final moments of this great game do you really
think what was stated in the interviews below has been proved true?

Maybe Walters, Gamble, Hudson et al will be proved right when a decent
ending is released via (presumably free) DLC that explains the
original ending was just some sort of hallucination/indoctrination.
I'm not holding my breath waiting for that though.


Official Mass Effect Website
http://masseffect.com/about/story/

“Experience the beginning, middle, and end of an emotional story unlike any
other, where the decisions you make completely shape your experience
and outcome.”

Interview with Mac Walters (Lead Writer)
http://popwatch.ew.c...-3-mac-walters/

“[The presence of the Rachni] has huge consequences in Mass
Effect 3. Even just in the final battle with the Reapers.”

Interview with Mac Walters (Lead Writer)
http://business.fina...-all-audiences/

“I’m always leery of saying there are 'optimal' endings, because I think
one of the things we do try to do is make different endings that are
optimal for different people “

Interview with Mike Gamble (Associate Producer)
http://www.computera...missing-in-me2/

“And, to be honest, you [the fans] are crafting your Mass Effect story as
much as we are anyway.”

Interview with Mike Gamble (Associate Producer)
http://www.360magazi...ferent-endings/

“There are many different endings. We wouldn’t do it any other way. How
could you go through all three campaigns playing as your Shepard and
then be forced into a bespoke ending that everyone gets? But I can’t
say any more than that…”

Interview with Mike Gamble (Associate Producer)
http://www.eurogamer...me-people-angry

“Every decision you've made will impact how things go. The player's also the
architect of what happens."

“You'll get answers to everything. That was one of the key things. Regardless
of how we did everything, we had to say, yes, we're going to provide
some answers to these people.”

“Because a lot of these plot threads are concluding and because it's being
brought to a finale, since you were a part of architecting how they
got to how they were, you will definitely sense how they close was
because of the decisions you made and because of the decisions you
didn't make”

Interview with Casey Hudson (Director)
http://www.gameinfor...s-effect-3.aspx

“For people who are invested in these characters and the back-story of the
universe and everything, all of these things come to a resolution in
Mass Effect 3. And they are resolved in a way that's very different
based on what you would do in those situations.”

Interview with Casey Hudson (Director)
http://venturebeat.c...fans-interview/

“Fans want to make sure that they see things resolved, they want to get
some closure, a great ending. I think they’re going to get that.”

“Mass Effect 3 is all about answering all the biggest questions in the
lore, learning about the mysteries and the Protheans and the Reapers,
being able to decide for yourself how all of these things come to an
end.”

Interviewer: “So are you guys the creators or the stewards of the franchise?”
Hudson: “Um… You know, at this point, I think we’re co-creators with
the fans. We use a lot of feedback.”

Interview with Casey Hudson (Director)
http://www.gameinfor...PostPageIndex=2

Interviewer: [Regarding the numerous possible endings of Mass Effect 2] “Is that
same type of complexity built into the ending of Mass Effect 3?”
Hudson: “Yeah, and I’d say much more so, because we have the ability to
build the endings out in a way that we don’t have to worry about
eventually tying them back together somewhere. This story arc is
coming to an end with this game. That means the endings can be a lot
more different. At this point we’re taking into account so many
decisions that you’ve made as a player and reflecting a lot of that
stuff. It’s not even in any way like the traditional game endings,
where you can say how many endings there are or whether you got
ending A, B, or C.....The endings have a lot more sophistication and
variety in them.”

“We have a rule in our franchise that there is no canon. You as a player
decide what your story is.”


EDIT: Couple more interesting quotes I found, enjoy......or not.


Mike Gamble (Associate Producer)
http://www.nowgamer....in_bioware.html

Mass Effect 3 will shake up the player's moral choices more than ever
before, even going so far as allowing the Reapers to win the battle
for Earth, according to BioWare's community representative Mike
Gamble.


In an inteview with NowGamer at Gamescom, we asked if BioWare was taking risks with Mass Effect 3's
plot, including a negative ending in which the Reapers win. Gamble simply said, "Yes". We asked him again to confirm what he had just said and he said, "Yes".


Mike Gamble (Associate Producer)
http://www.nowgamer....ry_details.html


"Of course you don’t have to play multiplayer, you can choose to play
all the side-quests in single-player and do all that stuff you’ll
still get all the same endings and same information, it’s just a
totally different way of playing"


Casey Hudson (Director)
http://gamescatalyst...active-stories/

“The whole idea of Mass Effect3 is resolving all of the biggest questions, about the Protheons and
the Reapers, and being in the driver's seat to end the galaxy and all
of these big plot lines, to decide what civilizations are going to
live or die: All of these things are answered in Mass Effect 3.”

Casey Hudson (Director)
http://www.computera...ly-good/?page=2

“There is a huge set of consequences that start stacking up as you approach the end-game. And
even in terms of the ending itself, it continues to break down to
some very large decisions. So it's not like a classic game ending
where everything is linear and you make a choice between a few things
- it really does layer in many, many different choices, up to the
final moments, where it's going to be different for everyone who
plays it.”

I was not going to do it but this event that i did as many others and did not get reward just pushed me to rethink the issue.

#2
Liec

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seriously now?

#3
Shad0w Demon666

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Posted Image Good luck with that.

#4
tishyw

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Suing people because you don't like the game they've produced is beyond rediculous.
Please, take a step back, a deep breath and go outside for some fresh air and exerise. Try to get some perspective on what's really important in life.

#5
GeneralArrow

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Somebody already filed an FTC and BBB complaint lol your late to the party. 

Edited by GeneralArrow, 21 March 2012 - 05:05 AM.


#6
Father_Jerusalem

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Well, we all knew this was coming.

Is it still "flame-baiting" to call this kind of behavior entitled, or can we all agree that this is just WAY too far?

#7
Salis777

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Good luck with that lol

#8
-Skorpious-

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The whole FTC scenario has done nothing but harm the movement as a whole - adding a lawsuit isn't exactly going to give us sympathy points from the media.

#9
timj2011

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REEEEEEEEEEAAAAAAAALLLLLLLLYYYYYYYYY?!?!?!?!??!?!?!?!?!? cool story broooo

#10
Wise Men

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Good luck. I hope you win. If you do, I'm filing a suit against halo 3! They promised that I was going to finish the fight. Then, they made another game. That's false advertisement!

Edited by Wise Men, 21 March 2012 - 05:21 AM.


#11
Intiakel

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Think about what you are doing before you go and do something.. Look at the news reaction to the FTC filing.. If you do it again with a class action suite it is not going to suddenly make them agree with you

Your success chances - very very low. Media repercussion chances - very very high

NOT WORTH IT

#12
thunderhawk862002

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It's not the time for that but it could be eventually. File complaint with the BBB and FTC first. If they never fix it or give us any information in a couple months time then it could be time to act. FTC/BBB first, class action later if necessary.

#13
rwilli80

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I am sorry but that is the definition of frivolous lawsuit. Although I am sure there is some sleazeball lawyer who will take up the case.

#14
favoritehookeronthecitadel

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Wise Men wrote...

Good luck. I hope you win. If you do, I'm filing a suit against halo 3! They promised that I was going to finish the fight. Then, they made another game. That'a false advertisement!


Posted Image

#15
Anthropophobic

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GeneralArrow wrote...

Somebody already filed an FTC and BBB complaint lol your late to the party. 


a lawsuit is much bigger than a complaint to the FTC or BBB

complaining to the FTC is really nothing, srsly

#16
CyberMiguel

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What you people fail to realize is that a videogame, AS ANY OTHER PRODUCT, MUST comply with the advertisement it had; otherwise it's false advertisement and that is punished by the law in many, many countries.

For example, you order a super vacuum cleaner on TV that uses water as filter. When it gets to your place, its a vacuum cleaner that uses the classical dust bag. Are both vacuum cleaners? sure, but the second one does not meet the advertised specifications you paid for, therefore, you are entitled to sue that vacuum cleaner company for false advertisement.

Bioware made promises and advertised the game (and the endingS with it) as X, but then they delivered Y. You paid for X and you received Y. Should that be any different from the example I gave above? I think not.

I would think more about the class action law suit, because EA/Bioware have a legal team expert on these kind of stuff. I'd get the advice of a lawyer and then, if odds are in my favor, I'd suit the ass out of EA for false advertisement.

#17
Sylvanspirits

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I'm guessing you agreed to the EULA for your game? This shows up in pretty much every game made by Electronic Arts.

"By entering into this Agreement, you and EA expressly waive the right to a trial by jury or to participate in a class action."

You'd need to get the EULA declared invalid before doing anything. Now - you actually can make a fairly good argument against mandatory binding arbitration clauses, and the courts in EA's home state of California have been pretty strong in declaring them unenforcable, so you'd have a chance to start the actual suit.

But let's be perfectly honest, getting into a massive legal battle really isn't the way to take this. Yeah, people are frustrated. But there is ample precedent for fixing endings. Broken Steel was the most profitable DLC of all time, after all.  You want to make your voice heard? Good for you, write EA and Bioware a letter - and mail it to them. Explain your status as a customer, why you think the ending failed to conclude the series, and what you think their companies would gain from fixing it. That'll do a lot more than waging a legal battle you're likely to lose and won't result in any changes to the ending.

#18
Cobra5

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Internet lawyers are the best lawyers.

#19
Quietness

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rwilli80 wrote...

I am sorry but that is the definition of frivolous lawsuit. Although I am sure there is some sleazeball lawyer who will take up the case.


Yea but (thankfully) good luck to that one against the team of lawyers that EA/Bioware would bring forward.

@OP

You do realize that this is a very very very bad idea, that will only make things just that much worse....right?

#20
Bomma72

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I think you should reconsider, and don't

#21
Intiakel

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CyberMiguel wrote...

What you people fail to realize is that a videogame, AS ANY OTHER PRODUCT, MUST comply with the advertisement it had; otherwise it's false advertisement and that is punished by the law in many, many countries.


YES.. however realistically what kind of chances do you give yourself of winning? Given those chances going in, are you willing to completely obliterate the media reputation of the movment for those chances?

Are people really weighing the risks here?

There are a million different ways EA's highly paid legal team can wiggle out of whatever accusation you make. Holes in your argument would be shot without mercy

Edited by Intiakel, 21 March 2012 - 05:31 AM.


#22
Dridengx

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LOL! Any lawyer would destroy this case. Hell, even I could win this case against you

#23
Jag Blade

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I only needed to see the title. A class action lawsuit? It's people like you who are making the rest of the Retake Mass Effect 3 movement look bad.

#24
SLICKK

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Quietness wrote...

rwilli80 wrote...

I am sorry but that is the definition of frivolous lawsuit. Although I am sure there is some sleazeball lawyer who will take up the case.


Yea but (thankfully) good luck to that one against the team of lawyers that EA/Bioware would bring forward.

@OP

You do realize that this is a very very very bad idea, that will only make things just that much worse....right?


At the same time theonly reason i posted this is cause i already talked to Military lawyer since im retired i get free representation and i was sugested to follow through.  I did noy go to Iraq 3 times to be shot at for your freedom and freedom of speech to come home to be screwed by a gaming company..

Edited by SLICKK, 21 March 2012 - 05:34 AM.


#25
Moonshadow_Dark

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I TOLD YOU!

Did I not tell you HTL people this would happen? If you let this insanity go unchecked, this would happen. Now OP is going to ensure Bioware will be destroyed.

5 minutes of enjoyment at the cost of 4 franchises, hundreds of families and years of failed EA made video games that suck.

Please, OP, take Bioware to court. Give EA a reason to kill the company. Please allow EA to destroy Mass Effect and turn it into the EA version of Halo. You're killing Bioware.

But hey, at least you got your five minutes of a happy ending. Because that's what matters, huh?

Edited by Moonshadow_Dark, 21 March 2012 - 05:46 AM.