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I filed an FTC complaint


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#101
Xander98

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Ok people need to stop equating this to massive fraud and get realistic. 99 percent of the game you were promised you received. The other 1 percent is based on subjective interpretation. It is beyond childish to infer a multimillion dollar fraud scheme here.

#102
xeNNN

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Judah Ben Hur wrote...

It's not a terrible notion, but you have to bear in mind that legally, the adjectives (such as 'diverse,' in this case) used in advertising are 'puffery,' meaning understandably exaggerated language to sell a product. Another argument is that words like 'diverse' have very subjective meanings. It may be that the development team reasonably believed that their endings were diverse.


i suppose that depends on your own definition of "diverse" then lol

#103
Turran

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I hope you have really really good lawyers.
Because I am almost certain EA and Bioware will have better.

#104
Caz Neerg

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Setting the "art" issue aside, I think some of you guys don't understand how the law works. The decisions aren't made by robots enforcing what would be technically accurate under the letter of the law. They are made by individuals who, as a general rule, decide based as much or more on their personal bias as on the actual law. This complaint won't be taken seriously. You could be 100% correct, EA could have violated several FTC regulations, and this would still go nowhere, because of the simple fact that you are a complaining about a video game.

Modifié par Caz Neerg, 16 mars 2012 - 06:04 .


#105
Sett101

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xMellowhype wrote...

EA's lawyers will wreck everything here.


They still have to pay those lawyers = money out of pocket government lawyers are paid no matter if they are drinking coffee or in court no worries there. Doesn't matter if they are Canadian they can be from anywhere products traded internationaly have to comform to all national trade agreements and laws, has the fact the US has moved on sites like megavideo from Hong Kong (1 example of many) online poker rooms from 
Antigua (example 2) been missed? And it still doesn't matter EA is a US publicly traded company.


And I guess sure at face it may seem like a little much but, lets remember we are trying for a result It's BiowarEAs choice to draw the line as to where too much is. Our line is to get a new ending some sort of resolve maybe for some just them to say "hey we screwed up work with us here we're sorry". So far we have gotten nothing but glib off hand remarks and vague "we're listening" "our fans are important" remarks all over the media.

As far as art I'm not sure (I have never seen) anywhere games are protected. I know that in a few cases national endowment of the arts, the porn industry, etc people had to prove they are in fact producing something that can be defined as art.

Modifié par Sett101, 16 mars 2012 - 06:05 .


#106
Jaze55

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Caz Neerg wrote...

Setting the "art" issue aside, I think some of you guys don't understand how the law works. The decisions aren't made by robots enforcing what would be technically accurate under the letter of the law. They are made by individuals who, as a general rule, decide based as much or more on their personal bias as on the actual law. This complaint won't be taken seriously. You could be 100% correct, EA could have violated several FTC regulations, and this would still go nowhere, because of the simple fact that you are a complaining about a video game.


No we are complaining about a PRODUCT sold to us. 

#107
xeNNN

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Xander98 wrote...

Ok people need to stop equating this to massive fraud and get realistic. 99 percent of the game you were promised you received. The other 1 percent is based on subjective interpretation. It is beyond childish to infer a multimillion dollar fraud scheme here.


agreed possible court cases etc  is a tad to far, yeah i suppose they did falsey advertise to a degree even i admit that but 99% of the game was great, this needs to be decided between the fans and the firm not the courts. 

we need mutual respect to hold ... atleast for some of us or we could end up never having another series or an ending change so.. just dont go overboard with it.

Modifié par xeNNN, 16 mars 2012 - 06:04 .


#108
DyneEnigma

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This is ridiculous. This is why the movement gets so much bad publicity. This is going way too far. Besides, it was Bioware that made the promises. Not EA. I mean **** people. It hasn't even been two weeks since the release and you're already doing **** like this? You give us (the ones that are going about changing the ending rationally and peacefully without trying to do harm to Bioware) a bad rep.

#109
ynh

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Yeah your complaint is going to be dropped and probably laughed at by the FTC. This is a very bad move. If this protest starts getting mixed with legalities, it will mark the point where the protest will implode upon itself.

Plus, you have no real legal grounds to stand on.

#110
zhixson

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Not exactly comfortable with this move, man.

#111
pors88

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Not a good idea.

First of all, they would have consulted with their legal team pior to release.

Second, we don't know what they are planning and pissing them off at this point may backfire bigtime.
It would be a different story if they made an official announcement that they won't do anything and this is the ending we get.

I'd rather they release a proper ending because they want to and not because they have to.

#112
xeNNN

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DyneEnigma wrote...

This is ridiculous. This is why the movement gets so much bad publicity. This is going way too far. Besides, it was Bioware that made the promises. Not EA. I mean **** people. It hasn't even been two weeks since the release and you're already doing **** like this? You give us (the ones that are going about changing the ending rationally and peacefully without trying to do harm to Bioware) a bad rep.


this ^  

no offence to anyone who is actually doing this but i mean its stupid to go this far. especially when it can be solved far more civily.

#113
Laughing.Man.d8D

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Honestly, you should have waited till Bioware public stated to us to go pound sand before filling complaints. They still seem to be under some kind of NDA and are being really quiet while the boards erupt in flames.

#114
Xander98

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Sett, lawyers are usually held on a retainer fee by corporations if not employed by the corporations themselves. They pay a large retainer fee for lawyer/firm services for the year. Essentially it is not costing them any more than it normally would.

#115
CRISIS1717

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I think those issues are debatable if you wanted something with a bit more weight you should forward a complaint on the locked DLC.

#116
Caz Neerg

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MassEffected555 wrote...

Caz Neerg wrote...

Setting the "art" issue aside, I think some of you guys don't understand how the law works. The decisions aren't made by robots enforcing what would be technically accurate under the letter of the law. They are made by individuals who, as a general rule, decide based as much or more on their personal bias as on the actual law. This complaint won't be taken seriously. You could be 100% correct, EA could have violated several FTC regulations, and this would still go nowhere, because of the simple fact that you are a complaining about a video game.


No we are complaining about a PRODUCT sold to us. 


It doesn't matter.  This will get no traction.  Like I said, it doesn't matter whether the claim holds technical merit.  It only matters that the people who actually make decisions within the system *will* decide it has no merit.

#117
Jaze55

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By the way I am not saying I am for or against what the OP did. His choice.

BUT stop saying it's "just a video game" If I got a car that was a lemon why should I complain, it's just a car after all isn't it? It's not just a video game it's a product I spent money on and I want what was promised. Maybe I wouldn't have gotten the product if I was told the end was just 3 different colors.

#118
DyneEnigma

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I may be upset about the ending but I'm not so goddamn selfish that I'm going to go and try to hurt a company to this degree. This thread seriously makes me want to just ****ing rage at the OP. This is more ridiculous than the endings themselves.

#119
Skyblade012

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Even if they release a new ending, the fact is that if the promises were broken with the current ending, which they were, whatever they do in the future wouldn't matter. We were promised that this product would hold the ending. Any additional ending released through a DLC would be a separate product, and therefore be a violation of the promises made.

I'm a bit mixed about this. I don't want to see a good game developer crash because of a law suit, but this situation does need to be dealt with.

Game companies need to realize that they aren't untouchable. Games are in pretty much a unique situation right now. With the amount of digital distribution and DRM, returning a game is nearly impossible. Gamestop won't take back my game discs when the game itself is tied to the hard drive and won't even need the disc to play. Sure, I can remove it from my Origin account, but Origin won't refund my purchase for that.

Games have become practically the only non-returnable, non-previewable media out there. Heck, even art can be seen in a gallery before purchase. You have no way of knowing what is on a game until you buy it, and, at that point, it is practically impossible to return. The truth is, gamers are just as entitled to get what they pay for as every other form of media, but they have no way to enforce that, and that needs to change.

We were clearly and blatantly lied to in the promotion of this game. We did not get what we purchased for, and I'm not seeing a lot of other options for holding a company responsible, short of going through the FTC, which is exactly what I would do with this situation if it was any other product but a video game. So, why do we treat video games differently? Why do we assume that being gamers voids our rights as consumers?

I don't think this is an ideal solution, but it is an attempt at one, and I don't see any others forthcoming. Maybe if the FTC or a lawsuit hits EA and BioWare in their pocketbook, their exploitative, legally questionable activities will stop.

#120
Elite Midget

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eddieoctane wrote...

Risky move. I'd much rather have the franchise back than what i paid for the game.


What franchise? THe Bioware you knew and love has been dead for years.  DA2 was just the beginning, though some argue that it started with Awakening.

#121
Apfelweinbrauer

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Really guys, you have stop that!

If you start a full scale war on them without giving them at least a chance to talk to us and to make a proposition how to solve this matter, you are going to ruin every chance of cooperation or a diplomatic solution.
OP, please stop that stuff right now!

#122
ElectronicPostingInterface

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I don't want a refund. Most of the game was good. That's not the problem, money has never been the problem.

I'd say most people are against this.

Modifié par PKchu, 16 mars 2012 - 06:10 .


#123
RLesueur

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I want the endings changed as much as anyone, but if this turns into whiney lawsuits against Bioware and personal attacks on the developers then I am out.

#124
Kilshrek

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DarkSeraphym wrote...

I am just going to send them a picture of Marauder Shields. He is known for getting results.


He failed to stop Shep. Harbinger is disappoint.

Aaaanyway, I don't know what to say or feel about this.

On the one hand I'm sick of listening to all the PR speak and dev "promises" before the game and seeing them turn out to simply be an extremely clever turn of phrase and what was implied was total bollocks.

On the other, I want them to be more accountable for their words and promises. Saying there'll be a definitive ending to Commander Shepard's story and then leaving it as open to interpretation as possible is not a definitive ending, no matter how you spin the word.

#125
L33tBadMofo

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I'm not sure if I would have went down this route myself, but I am going to keep an eye on this to see how it develops.