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Considering a class action law suit based on false advertisment


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#251
LinksOcarina

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Good luck with that.

Because games are now protected under the rights of being an artistic piece of work, as per the supreme court decision last year, meaning they get the same protections and liberties as movies and music .

So you can't sue them for false advertisement, mainly because art is subjective and the advertisements can technically say the truth without saying anything, at least in a court of law.

#252
annoyingpoodle

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LOL a class action lawsuit even if pigs started to fly and the lawsuit actually made it to court guess what happens? The lawyers get rich and each person taking part in the class action gets 10 cents, don't spend it all at one place.

#253
Solmanian

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I assume that in the rate these thing is deterioting, we have maybe a month or two before "mess effect liberation party" begin launching suicide attacks against EA and bioware to promote their agendas...

P.s. this is not a terrorist threat. I'm being sarcastic.

#254
PluralAces

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That is not the way to go, what needs to be done is the people who bought ME3 need to stop supporting Bioware/EA on this particular project. Do not buy any DLC, or whatever ventures that they throw our way as a way to "placate the fans" or something like that.

The best way to get change is to hit them where it hurts, their pockets...

If you bought your game from Amazon, you should return it for a full refund if you felt your ME3 experience was unsatisfactory. I guarantee you EA will get the data from Amazon and if they see that less than 50% of people took Amazon up on their offer, they wont even blink an eye to this and go on business as usual.

Saying hold the line is great and all...but not buying DLC hurts them more than a 3,000 page forum can.

I did it with Assasins Creed:Revelations and I will do it with ME3, i will not buy DLC for the game until the things that I want fixed are fixed, you all should do the same. IMO

Modifié par PluralAces, 21 mars 2012 - 02:07 .


#255
Dougy Fresh

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It's a video game!!!

#256
Cortyman

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Be sure in your court case to use this quote:


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…”


And then show this video clip from youtube:



The court will then rule in your favor!

Modifié par Cortyman, 21 mars 2012 - 02:10 .


#257
jess05

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PluralAces wrote...

That is not the way to go, what needs to be done is the people who bought ME3 need to stop supporting Bioware/EA on this particular project. Do not buy any DLC, or whatever ventures that they throw our way as a way to "placate the fans" or something like that.

The best way to get change is to hit them where it hurts, their pockets...

If you bought your game from Amazon, you should return it for a full refund if you felt your ME3 experience was unsatisfactory. I guarantee you EA will get the data from Amazon and if they see that less than 50% of people took Amazon up on their offer, they wont even blink an eye to this and go on business as usual.

Saying hold the line is great and all...but not buying DLC hurts them more than a 3,000 page forum can.

I did it with Assasins Creed:Revelations and I will do it with ME3, i will not buy DLC for the game until the things that I want fixed are fixed, you all should do the same. IMO


I would agree, that a allout boycot is the answer.  And thats what hold the line should imply.

The problem is, not everyone will.  They will untill something shiny gets dangled in there face then thier off.

#258
bostyt50

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WEll if you think you can beat a multi million $$$ company good luck with that

#259
Guest_L00p_*

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shurikenmanta wrote...

Abirn wrote...

Ok I see a lot of people attacking the OP but nobody is actually talking about how this isn't a classic case of false advertisement. If you take a look at the statements made by developers then it seems to be a pretty clear cut case of it.


In terms of legality, I can see Bioware getting out of it fairly easily.

Prosecution: You said that the outcome would be shaped by your actions in the game! This is not true!

Defense: Actually our clients allow you to make three choices at how the game ends.

Prosecution: Um... er... but that's just the end! But nothing you do before that counts!

Defense: Actually a lot of what you do will determine your effective military strength, which determines the options available to you at the end and what exactly the outcome consists of. If you don't do the right things, you could have everything go horribly wrong, so technically yes, the choices you make in the game do determine the ending.

Prosecution: ...

Judge: Court finds in favour of Bioware.


O-hohoho... There's definitely a flip side to that coin.

The interviews and statements of BioWare has been listet numerous times, I don't even want to repeat them, all of which would colour your court session quite differently. It has quite frankly been the tour de force of false marketing and you know it.

Modifié par L00p, 21 mars 2012 - 02:25 .


#260
Kajan451

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I wish those who are going forward with this the best of luck and know you have my moral support.

I actually explored the idea with my lawyer, but thanks to our law it could become a lawsuit that will be carried out for years, assuming EA will go through all instances, with an uncertain result.

There are unfortunately some things speaking in their defense. Not only were Videogames just recently acknowledged as Art Form, so a lawsuit would mean we'd have to go against that as well and make it an Entertainment product.

And then its end would be unsure depending on how the Judges consider the issue. It could succeed based on the fact that Pre release statments could be considered Sales Pitches, which they were, but its up to a judge to decide how much the statments of an Actor, Director or Videogame designer could be considered a sales pitch.

The option to return and receive a refund that has been given weakens the position further. There is no real damage here, so its hard to estimate if a charge for fraudulent advertisement would actually stick. Besides, i am quite sure EA has more lawyers than i could affort.

And if it doesn't stick it will cost me several thousand and... honestly, i might be upset about it, but i'd rather take a vacation with my fiance than sueing them over it.

Thus i am hoping anyone that goes forward with it, will be successful, as i am simply unwilling to invest that much more money into this situation. In the end.. its just a video game and stop purchasing Bioware Products will probably the best compromise in this situation. Unfortunately it will also be a message that won't be as clear as a lawsuit.

So i hope someone goes forward with it and sends that message in place for those of us who simply can't affort to send it. Its these kind of messages that get through to them. Its the only way, at least in my opinion, to send the "Enough is enough, you can't treat us this way" message.

If left unchecked i fear we will have to face these kind of things much more often in the future.

#261
shurikenmanta

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L00p wrote...

shurikenmanta wrote...

Abirn wrote...

Ok I see a lot of people attacking the OP but nobody is actually talking about how this isn't a classic case of false advertisement. If you take a look at the statements made by developers then it seems to be a pretty clear cut case of it.


In terms of legality, I can see Bioware getting out of it fairly easily.

Prosecution: You said that the outcome would be shaped by your actions in the game! This is not true!

Defense: Actually our clients allow you to make three choices at how the game ends.

Prosecution: Um... er... but that's just the end! But nothing you do before that counts!

Defense: Actually a lot of what you do will determine your effective military strength, which determines the options available to you at the end and what exactly the outcome consists of. If you don't do the right things, you could have everything go horribly wrong, so technically yes, the choices you make in the game do determine the ending.

Prosecution: ...

Judge: Court finds in favour of Bioware.


O-hohoho... There's definitely a flip side to that coin.

The interviews and statements of BioWare has been listet numerous times, I don't even want to repeat them, all of which would colour your court session quite differently. It has quite frankly been the tour de force of false marketing and you know it.


Nah, they'll be able to counter pretty much anything thrown at them. All they need to do is some semantic quibbling - there's very little in the interviews and statements that can't be proven true 'from a certain point of view'. Which is why in my opinion legal action will not work.

You seem to think I'm defending their statements. I'm not, I'm actually on 'your side'. I think they were misleading, but I'm also a realist and know that these statements were probably manufactured to be deniable in a court of law.

#262
shurikenmanta

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...wait a sec, people actually went and saw attorneys over this? With their own money? Which eventually would be several magnitudes more than they paid for the game?

Good lord.

#263
CyberMiguel

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Did you guys know that you can make nitroglycerin at your own home with products you find in a drugstore? I'm a chemist/pharmacist and I'm just sayin'...

Anyway, what I'm trying to say is that if Bioware doesn't address this soon, some guy/girl WILL DO SOMETHING NASTY. It may be punching an EA executive right in the face, it may be damaging someone's property...hell, people these days is capable of anything for their videogames. Some even die playing them (just watch some korean guys vids on youtube).

For my own part, I'll just keep it civil, sit back, relax, and watch the show if a guy/girl actually do something that desperate for a proper ending. PR wars aren't won that way, but what the heck... it'll be fun to watch something like that.

Oh, by the way, I still think Bioware commited a false advertisement fraud, but as I stated before, I would analyze very well the options in case of a law suit, as EA has a very competent legal department.

Modifié par CyberMiguel, 21 mars 2012 - 02:38 .


#264
Kajan451

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shurikenmanta wrote...

...wait a sec, people actually went and saw attorneys over this? With their own money? Which eventually would be several magnitudes more than they paid for the game?


Actually i am paying a monthly fee to club (for a lack of a better word) which allows me to receive legal advice for free. 15 Euro a month doesn't hurt me. People spend more money on cigarets and alcohole than i do on having the option to call an attorney anytime i want (during their buisness hours) and get legal advice.

#265
the almighty moo

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wow... just wow...

i thought the endingswere a bit meh but this is just overacting to the point of absurdity

#266
shurikenmanta

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Kajan451 wrote...

shurikenmanta wrote...

...wait a sec, people actually went and saw attorneys over this? With their own money? Which eventually would be several magnitudes more than they paid for the game?


Actually i am paying a monthly fee to club (for a lack of a better word) which allows me to receive legal advice for free. 15 Euro a month doesn't hurt me. People spend more money on cigarets and alcohole than i do on having the option to call an attorney anytime i want (during their buisness hours) and get legal advice.


OK, my horror is significantly reduced.

#267
wirelesstkd

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CyberMiguel wrote...

Did you guys know that you can make nitroglycerin at your own home with products you find in a drugstore? I'm a chemist/pharmacist and I'm just sayin'...

Anyway, what I'm trying to say is that if Bioware doesn't address this soon, some guy/girl WILL DO SOMETHING NASTY. It may be punching an EA executive right in the face, it may be damaging someone's property...hell, people these days is capable of anything for their videogames. Some even die playing them (just watch some korean guys vids on youtube).

For my own part, I'll just keep it civil, sit back, relax, and watch the show if a guy/girl actually do something that desperate for a proper ending. PR wars aren't won that way, but what the heck... it'll be fun to watch something like that.

Oh, by the way, I still think Bioware commited a false advertisement fraud, but as I stated before, I would analyze very well the options in case of a law suit, as EA has a very competent legal department.


:huh: Really? I think it's time Bioware starts getting Draconian about policing these forums. When posters are not-so-subtly hinting that people bomb Bioware offices it's gotten over the top. You all need to go outside and get some fresh air. There are real things happening in the world. Please...

Modifié par wirelesstkd, 21 mars 2012 - 02:41 .


#268
Farbautisonn

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CyberMiguel wrote...

Did you guys know that you can make nitroglycerin at your own home with products you find in a drugstore? I'm a chemist/pharmacist and I'm just sayin'...

Anyway, what I'm trying to say is that if Bioware doesn't address this soon, some guy/girl WILL DO SOMETHING NASTY. It may be punching an EA executive right in the face, it may be damaging someone's property...hell, people these days is capable of anything for their videogames. Some even die playing them (just watch some korean guys vids on youtube).

For my own part, I'll just keep it civil, sit back, relax, and watch the show if a guy/girl actually do something that desperate for a proper ending. PR wars aren't won that way, but what the heck... it'll be fun to watch something like that.

Oh, by the way, I still think Bioware commited a false advertisement fraud, but as I stated before, I would analyze very well the options in case of a law suit, as EA has a very competent legal department.


-That is far over any line of decency. I have only ever reported one person on this forum ever, and you are number two. Grats you twerp. You do not ****ing write this even for fun.

#269
CyberMiguel

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wirelesstkd wrote...

CyberMiguel wrote...

Did you guys know that you can make nitroglycerin at your own home with products you find in a drugstore? I'm a chemist/pharmacist and I'm just sayin'...

Anyway, what I'm trying to say is that if Bioware doesn't address this soon, some guy/girl WILL DO SOMETHING NASTY. It may be punching an EA executive right in the face, it may be damaging someone's property...hell, people these days is capable of anything for their videogames. Some even die playing them (just watch some korean guys vids on youtube).

For my own part, I'll just keep it civil, sit back, relax, and watch the show if a guy/girl actually do something that desperate for a proper ending. PR wars aren't won that way, but what the heck... it'll be fun to watch something like that.

Oh, by the way, I still think Bioware commited a false advertisement fraud, but as I stated before, I would analyze very well the options in case of a law suit, as EA has a very competent legal department.


:huh: Really? I think it's time Bioware starts getting Draconian about policing these forums. When posters are not-so-subtly hinting that people bomb Bioware offices it's gotten over the top. You all need to go outside and get some fresh air. There are real things happening in the world. Please...


I'm not suggesting anything. Last night i watched a video on youtube about people that actually died playing video games

 

and the first thing that came to my mind was "companies should be damn careful with its fans if gamers are willing to die playing videogames". 

I've seen anarchists in my country bombing banks, students marching for reduced prices in transportation (that's how all the riots started and how the movement started) and have seen how many death threats George Lucas has received over the years.

So, taking all that in account, why would it surprise me if someone wanted to bomb or punch an EA/Bioware executive? 

People today feel empowered enough to think they can break the laws (when they actually can't).

As I said, IF (and a very big IF) something like that actually happens, I'll be sitting in my couch watching the news and saying "see...i told you..."

#270
Skorpijon

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SLICKK wrote...

yadayadayad....  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..


Sorry for the old quote (it was modified few hours ago though).
I could quote few of your quotes and explain how game delivered exactly what those dudes said in interviews. If your mind pictured it in some other way, thats your perception. 

First of all let me open your eyes and tell you some news. You are not under attack from Iraq. So you can stop fighting for freedom and opression that is being done to your country. You do not need to fight for YOUR freedom in some ass country that has lots of oil. Seriously the propaganda the US goverment uses to get ppl into military and then fight on foreign land in name of freedom and whatnot :S

Sorry, im from europe and i am just amazed how quickly you guys (some of you not all americans) get stuff turned. You fight for freedom, war against terrorism eh? Emm where exactly do you guys fight for these things? Oh thats right everywhere around the world except on your back yard. Well guess what buddy, having the strongest millitary (for now, china is going to catch you guys up eventually and call your bluffs someday) doesnt mean you can act like a world class policeman and freedom fighter in any country you pick just to get to the resources (oil, gas, opiats). 

And then you even have the courage to bring this crap into play about figting for freedom and whatnot and then be expected to have what you want in a video game?
They advertised lots of things. Those things you quoted, sound awfully like things i got in this game. I dont see anything wrong. I know it could be done better. Hell with few more millions and a year or so more, a great ending could be made. But after i played it i got what i payed for. Hell for 50€ i got more hours of fun out of it then from anything else.

Anyway in simple words. If you dont like stuff, its ok. Dont like it. But dont expect that your opinion is more valuable then anyone elses just because you fight for "freedom". 
False advertising is bad. This doesnt look false advertising. Just the content wasnt delivered as good as you, and this is the important stuff, pictured it to be when you were reading all those interviews and advertisments.


Besides if you want to sue someone for false advertising, start with the US millitary :)

Fighting for freedom.... jeeez....

#271
Chris Priestly

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And done.


LOCKDOWN!



:devil: