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Considering a class action law suit based on false advertisment


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#126
KroganShields

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SLICKK wrote...

KroganShields wrote...

Dry County wrote...

KroganShields wrote...
Give them some time, for god sakes. The game is only out for what? Two weeks? Give them the time to prove you otherwise and hopefully by a month or so there will be a ending DLC out.


Quiet you. People on the internet are demanding something.


I want it just as much as you want it. But I don't see filling a law suitcase after TWO WEEKS that the game is out without giving Bioware the opportunity to even tell us if they intened to drop out a ending DLC. If after a month or so there is even no reply from Bioware, hell, I'd even message this guy and remind him to file the suitcase myself. Just give them some time.


so they can stiff us of another 10-20$ for something like the dlc from ashes that was on the disk?


What this has to do with anything? Beside that it was a dick move by Bioware is there anything to do with it? Do you think that if you'll file the now or in two weeks from today will change anything? No, it won't. If Bioware intened that the DLC will need to be paid for (which is another dick move that I don't agree with) the waiting won't change a thing. If they inteneded to make the DLC not free nothing will change it, even your lawsuit case.

#127
Farbautisonn

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I dont see the problem with a lawsuit, and frankly I dont see why people here are getting their knickers in a twist over it.

If OP has a point and can prove it in court, then by the letter of the law, bioware did not deliver. If OP gets thrown out of court, then he has no case. Why do you feel the need to call him all sorts of crap and predict the "downfall" (pun intended) of Bioware?

Lawsuits are part and parcel of business. You can and will get sued for the most strange things once you reach a certain size. Bioware / EA has lawyers. Let them handle it.

#128
Aetius5

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@OP,

While you make good poiints that show the lies and/or disinformation we were fed before we bought the game, I fell legal action is not the way to pursue a better ending. Its as bush league as the ending, lol

#129
Mars8309

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only problem in a lawsuit is they will be asking: "did you finish the game enterily?"
a lawsuit is pushing it in more of wanting to keep the ending the same and forgetting of anything on creating Mass Effect 4...
Then you got the matter of wasting tax payers money for a class action lawsuit. They won't be happy.
You would be waiting more to get the case started than you been waiting for 2 weeks now.

class action lawsuit is not worth it. boycotting and pressure works.

#130
Acidrain92

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thunderhawk862002 wrote...

Well I'm not sure, if you take out interviews then there's only like 2 statements that you could consider it.  I can't find if interviews are considered excluded from advertising laws or not.  You are promoting a product but at the same time it's not an actual advertisement.  I mean if I give an interview to a widely read health website and say my product cures cancer, but I follow all the rules in the actual labeling of the product, is it legal?  I'm having a tough time finding anything definitive.


I think thats the problem. There is nothing definitive in terms of defending or opposing the argument that a lawsuit would be valid in this given situation. In situations like this you need hard evidence. With so much being left up to perspective, im not sure that this is anything legit.

#131
AlexMBrennan

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Suing people because you don't like the game they've produced is beyond rediculous.

We get it that you're a Bioware apologist/marketing intern/unable to read.

#132
TRUTHMACHINE

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peter molyneux should join bioware.......

#133
FemmeShep

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Farbautisonn wrote...

I dont see the problem with a lawsuit, and frankly I dont see why people here are getting their knickers in a twist over it.

If OP has a point and can prove it in court, then by the letter of the law, bioware did not deliver. If OP gets thrown out of court, then he has no case. Why do you feel the need to call him all sorts of crap and predict the "downfall" (pun intended) of Bioware?

Lawsuits are part and parcel of business. You can and will get sued for the most strange things once you reach a certain size. Bioware / EA has lawyers. Let them handle it.


What you are seeing here, is fan bois/girls. Those that still think BioWare is this nice little company that really cares about them, and is loyal to them.

I'm willing to bet there is a lot of folks on this board that think BioWare will fix the ending, because they care so much about them. They don't realize BioWare and EA are companies who's goal is to make money. This is the big disconnect here. And why as consumers, many gamers are terrible at standing up for themselves. When they are wronged, they jus take it lying down and allow the companies to keep rolling over them.

Modifié par FemmeShep, 21 mars 2012 - 07:25 .


#134
thunderhawk862002

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Mars8309 wrote...

only problem in a lawsuit is they will be asking: "did you finish the game enterily?"
a lawsuit is pushing it in more of wanting to keep the ending the same and forgetting of anything on creating Mass Effect 4...
Then you got the matter of wasting tax payers money for a class action lawsuit. They won't be happy.
You would be waiting more to get the case started than you been waiting for 2 weeks now.

class action lawsuit is not worth it. boycotting and pressure works.


Well that depends on who the plaintiff is for the case. If the FTC is doing it then there would be taxpayer costs, potentially.  However, that would mean the FTC deemed it was a good case to fight. Also if court costs are added in the claims and the FTC would win, then the taxpayers might not have much of a bill to pay. If the OP did it then the court costs would be paid by for by EA or the OP.  Whoever loses tends to pay at least some of the court costs.  

#135
Moonshadow_Dark

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Farbautisonn wrote...

I dont see the problem with a lawsuit, and frankly I dont see why people here are getting their knickers in a twist over it.

If OP has a point and can prove it in court, then by the letter of the law, bioware did not deliver. If OP gets thrown out of court, then he has no case. Why do you feel the need to call him all sorts of crap and predict the "downfall" (pun intended) of Bioware?

Lawsuits are part and parcel of business. You can and will get sued for the most strange things once you reach a certain size. Bioware / EA has lawyers. Let them handle it.


And if OP wins, what happenes? Bioware gets ruined and EA decides to "fix the problem".

We all lose if OP takes this to court. No matter who wins, Bioware or OP. EA will still see Bioware as a liablity and end them.

#136
thunderhawk862002

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Acidrain92 wrote...

thunderhawk862002 wrote...

Well I'm not sure, if you take out interviews then there's only like 2 statements that you could consider it.  I can't find if interviews are considered excluded from advertising laws or not.  You are promoting a product but at the same time it's not an actual advertisement.  I mean if I give an interview to a widely read health website and say my product cures cancer, but I follow all the rules in the actual labeling of the product, is it legal?  I'm having a tough time finding anything definitive.


I think thats the problem. There is nothing definitive in terms of defending or opposing the argument that a lawsuit would be valid in this given situation. In situations like this you need hard evidence. With so much being left up to perspective, im not sure that this is anything legit.


And that's why a case like this could have a huge impact on the industry.  This could be precedent setting.  If no one has tried to win a case on interviews before then there's no precedent either way.  Once a verdict is read then there would at least be some precedent for the future.  If there's no precedent for interviews now, this would be an excellent case to press if BioWare/EA declines to fix the ending.  I guess I'll know more whether it's valid or not based on the response from the FTC/BBB complaints I sent.

#137
asyntheticdesign

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I'l be honest IF you can actually find a lawyer to take up your cause, you have to remember EA & Bioware have lawyers and more importantly they have time.Also you will have to find a pretty good amount of fans that could take time off to pursue this action its not an impossible task, but its a difficult one..

Im not going to agree or disagree with this course of action but just remember these things can turn ugly very fast.

I cant think of any time where fans have created a class action suit for gaming. Or if any of them succeeded in such matters. The only thing that comes to mind with lawsuits and games is that crazy lawyer that kept suing the companies claiming the games where evil etc.

But hey, just imagine how legendary you will be if you become the first person/group to successfully make a company pay up for these things.

Also, just what exactly would you want from the lawsuit? A mass refund? payout to all of those who had an issue with the game & then how exactly do you find those people and get them to come forward. Not trying to be negative or anything but lawyers aren't cheap at all. Just curious to the goal that you would wish to achieve from this course of action.

#138
FemmeShep

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Moonshadow_Dark wrote...

Farbautisonn wrote...

I dont see the problem with a lawsuit, and frankly I dont see why people here are getting their knickers in a twist over it.

If OP has a point and can prove it in court, then by the letter of the law, bioware did not deliver. If OP gets thrown out of court, then he has no case. Why do you feel the need to call him all sorts of crap and predict the "downfall" (pun intended) of Bioware?

Lawsuits are part and parcel of business. You can and will get sued for the most strange things once you reach a certain size. Bioware / EA has lawyers. Let them handle it.


And if OP wins, what happenes? Bioware gets ruined and EA decides to "fix the problem".

We all lose if OP takes this to court. No matter who wins, Bioware or OP. EA will still see Bioware as a liablity and end them.


Yeah...because EA or BioWare would be ruined by this (if they lost).

Yeesh, some of you have very unrealistic view of things. Especially when it comes to BioWare and holding them responsible for screwing you over. Take off the kid gloves. 

Modifié par FemmeShep, 21 mars 2012 - 07:29 .


#139
thunderhawk862002

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Moonshadow_Dark wrote...

Farbautisonn wrote...

I dont see the problem with a lawsuit, and frankly I dont see why people here are getting their knickers in a twist over it.

If OP has a point and can prove it in court, then by the letter of the law, bioware did not deliver. If OP gets thrown out of court, then he has no case. Why do you feel the need to call him all sorts of crap and predict the "downfall" (pun intended) of Bioware?

Lawsuits are part and parcel of business. You can and will get sued for the most strange things once you reach a certain size. Bioware / EA has lawyers. Let them handle it.


And if OP wins, what happenes? Bioware gets ruined and EA decides to "fix the problem".

We all lose if OP takes this to court. No matter who wins, Bioware or OP. EA will still see Bioware as a liablity and end them.


Well I'm sure a different publisher would want to buy them.  We have no idea what EA would want to do with the company.

#140
Moonshadow_Dark

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FemmeShep wrote...

Moonshadow_Dark wrote...

Farbautisonn wrote...

I dont see the problem with a lawsuit, and frankly I dont see why people here are getting their knickers in a twist over it.

If OP has a point and can prove it in court, then by the letter of the law, bioware did not deliver. If OP gets thrown out of court, then he has no case. Why do you feel the need to call him all sorts of crap and predict the "downfall" (pun intended) of Bioware?

Lawsuits are part and parcel of business. You can and will get sued for the most strange things once you reach a certain size. Bioware / EA has lawyers. Let them handle it.


And if OP wins, what happenes? Bioware gets ruined and EA decides to "fix the problem".

We all lose if OP takes this to court. No matter who wins, Bioware or OP. EA will still see Bioware as a liablity and end them.


Yeah...because EA or BioWare would be ruined by this (if they lost).

Yeesh, some of you have very unrealistic view of things. Especially when it comes to BioWare and holding them responsible for screwing you over. Take off the kid gloves. 


EA won't be ruined. EA will shrug this off. Bioware, however, will be thrown under the bus.

You have an extremely unrealistic view of how EA does things.

#141
Vesji

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tishyw wrote...

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.


If you read carefully, you will find out that he/she only considers suing as an option in this complex situation.
You and many other people miss the whole point. It is not about liking or disliking the ending, it is much more then simple subjective viewpoints. I will reffer you to threads associated with the major complaints.

1) The lies from the BioWare developer team and the falsity of the official statements. (Which on itself is a good enough reason to consider a lawsuit)
social.bioware.com/forum/1/topic/323/index/10204263

2) The nonsensical "twists" (Or plot holes) right at the very end (And as conclusion to the story) and the weird non-characteristic "vibe" from it all. (In comparison with other ME titles)
www.gamefront.com/mass-effect-3-ending-hatred-5-reasons-the-fans-are-right/ 
Jeremy's explanation

3) Lack of any information regarding the issue. Also, the full on PR damage control from BioWare/Ea (Which infuriates everybody looking for answers or explanations)
http://social.biowar.../index/10084349 

4) The sheer laziness. (Tali's face, the Stargazer scene, Starchild song)
http://social.biowar...index/9993946/2 
http://s.lurkmore.to...re_hackwork.jpg 

Look, those things make people angry, but that's not the real bad thing - they make people feel disconnected from those people, which wrote/coded/animated the game.
That is why people now view BioWare like nothing more than a corporation (And a not trustworthy one)

Why do people want to "change" the endings? Because they care about this company and those animators/coders and writers. They want to trust them, and BioWare/Ea is not making this any easier. So they will be treated like a corporation. No trust, no faith, no belief.
Suing is a viable option in these circumstances.

Hope I clarified a little bit.

#142
FierceReaper

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*facepalm*

#143
Erethrian

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Aetius5 wrote...

@OP,

While you make good poiints that show the lies and/or disinformation we were fed before we bought the game, I fell legal action is not the way to pursue a better ending. Its as bush league as the ending, lol


Also, I'd recommend you (OP) to wait 'til April 6th. Just in case.

#144
shurikenmanta

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The claims of lying/false advertisement would be utterly destroyed in a court of law. If I can think of arguments to debunk them, an attorney would obliterate them.

There's not a single statement made that can't be proven true from a certain point of view and liberal use of semantics.

#145
Farbautisonn

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Moonshadow_Dark wrote...
And if OP wins, what happenes? Bioware gets ruined and EA decides to "fix the problem".

We all lose if OP takes this to court. No matter who wins, Bioware or OP. EA will still see Bioware as a liablity and end them.


-Now I am not a yank, but I believe most US companies have some sort of Insurance to take care of certain caims. I know most danish businesses that do business in the US has such insurance.

If OP wins he gets awarded a sum of cash and then the legal system decides how it should be handled from there. I dont think OP would get awarded billions of dollers or any lump sum that would ruin bioware. And both bioware and the business as a whole would be forced to see their product as any other product. One that you have to stand behind and be able to defend. Its going to come sooner or later, however right now the gaming industry is on a free ride so to speak. They can promise anything and are not held accountable... that doesnt work for any other business (save perhaps movies, and really they could use the shakeup too). Time to be held accountable for the product you produce. Thats it.

#146
SLICKK

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Farbautisonn wrote...

Moonshadow_Dark wrote...
And if OP wins, what happenes? Bioware gets ruined and EA decides to "fix the problem".

We all lose if OP takes this to court. No matter who wins, Bioware or OP. EA will still see Bioware as a liablity and end them.


-Now I am not a yank, but I believe most US companies have some sort of Insurance to take care of certain caims. I know most danish businesses that do business in the US has such insurance.

If OP wins he gets awarded a sum of cash and then the legal system decides how it should be handled from there. I dont think OP would get awarded billions of dollers or any lump sum that would ruin bioware. And both bioware and the business as a whole would be forced to see their product as any other product. One that you have to stand behind and be able to defend. Its going to come sooner or later, however right now the gaming industry is on a free ride so to speak. They can promise anything and are not held accountable... that doesnt work for any other business (save perhaps movies, and really they could use the shakeup too). Time to be held accountable for the product you produce. Thats it.


Ty is not bout the win or the loss or the money like most peiple in here are assuming its bout time gaming companies get out from behind the its a art blnaket and robbing the fans/clent blind.

#147
huyster1

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HAHAHAHA. Talk about crossing the proverbial line. Seriously though, any attorney who is willing to represent you has absolutely no respect for the oath he took as an attorney. This is the epitome of a frivolous lawsuit and would get you nothing more than a judgment on the pleadings. In other words, a judge will rule against you right after your complaint was filed. You might wanna rethink this before making a lot of people look bad.

#148
TheBlackBaron

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Farbautisonn wrote...

I dont see the problem with a lawsuit, and frankly I dont see why people here are getting their knickers in a twist over it.

If OP has a point and can prove it in court, then by the letter of the law, bioware did not deliver. If OP gets thrown out of court, then he has no case. Why do you feel the need to call him all sorts of crap and predict the "downfall" (pun intended) of Bioware?

Lawsuits are part and parcel of business. You can and will get sued for the most strange things once you reach a certain size. Bioware / EA has lawyers. Let them handle it.


This is the Internet. Laughing at stupid things people do is par for the course. 

Frankly, we might be better of if he did sue, so he can get laughed out of the preliminary preceedings and this ridiculouslness with reporting Bioware to FTC/BBB/the legal system in general can stop. 

#149
Vesji

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huyster1 wrote...

HAHAHAHA. Talk about crossing the proverbial line. Seriously though, any attorney who is willing to represent you has absolutely no respect for the oath he took as an attorney. This is the epitome of a frivolous lawsuit and would get you nothing more than a judgment on the pleadings. In other words, a judge will rule against you right after your complaint was filed. You might wanna rethink this before making a lot of people look bad.


Can you, you know, prove anything you said? Some data would be great.:mellow:

#150
Maias227

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This is making a storm in a tea cup business.