405 réponses à ce sujet

[Blackmind1]

Oh here we go... More melodrama.

SOMEBODY SHAT ON MY VIDEOGAME! WAAAHHH! I'M GONNA SUE! Typical American response.

[xztr]

Instead of the FTC you could just return your game wich make alot more sense.

[Judah Ben Hur]

Silveralen wrote...

Uh..... Anyone who thinks you can write a clause into a software agreement that removes any responsibility for false advertising and have it stand up in court doesn't know a thing about contract law. Those sort of passages can be overturned by a judge.

Again though, purely hypothetical. The absolute best case scenario with legal action is a refund which we already have the option of receiving. You gain nothing by doing this.

I know that this is the internet, but you really don't need to make unqualified, categorically dismissive statements.

Again, people are reading things into what I'm saying that I never said. It isn't a waiver of legal action. It's a declaration that you accept the product as it is.

As an aside, what was contracted for wasn't for a diverse set of endings. We bought a game. I don't think one would be able to successfully argue that the quotes we see above are advertising.A plaintiff would have a tough time asserting that he would not have purchased the game if, for instance Bioware had never commented on the ending.

In any case, the use of words like "diverse," etc., I think they're more like "puffery" than anything.

[Silveralen]

Judah Ben Hur wrote...

Silveralen wrote...

Uh..... Anyone who thinks you can write a clause into a software agreement that removes any responsibility for false advertising and have it stand up in court doesn't know a thing about contract law. Those sort of passages can be overturned by a judge.

Again though, purely hypothetical. The absolute best case scenario with legal action is a refund which we already have the option of receiving. You gain nothing by doing this.

I know that this is the internet, but you really don't need to make unqualified, categorically dismissive statements.

Again, people are reading things into what I'm saying that I never said. It isn't a waiver of legal action. It's a declaration that you accept the product as it is.

As an aside, what was contracted for wasn't for a diverse set of endings. We bought a game. I don't think one would be able to successfully argue that the quotes we see above are advertising.A plaintiff would have a tough time asserting that he would not have purchased the game if, for instance Bioware had never commented on the ending.

In any case, the use of words like "diverse," etc., I think they're more like "puffery" than anything.

I'm pointing out the licenscing agreement alone in no way was enough to justify a case of false advertising. As an example, a prenup, which expiclity states what parties receive in the event of a divorce can be nullified completely in certain situations (abuse and attempted murder being the most likely). When laws are violated, contracts can and often are nullified, even the contract gave explict or implied consent for the violation of the law.

Contracts, no matter what they state, never allow a party to violate the law and escape responsibility from it.

Modifié par Silveralen, 04 avril 2012 - 10:08 .

[Da Don Giovanni]

Silveralen wrote...

Judah Ben Hur wrote...

Silveralen wrote...

Uh..... Anyone who thinks you can write a clause into a software agreement that removes any responsibility for false advertising and have it stand up in court doesn't know a thing about contract law. Those sort of passages can be overturned by a judge.

Again though, purely hypothetical. The absolute best case scenario with legal action is a refund which we already have the option of receiving. You gain nothing by doing this.

I know that this is the internet, but you really don't need to make unqualified, categorically dismissive statements.

Again, people are reading things into what I'm saying that I never said. It isn't a waiver of legal action. It's a declaration that you accept the product as it is.

As an aside, what was contracted for wasn't for a diverse set of endings. We bought a game. I don't think one would be able to successfully argue that the quotes we see above are advertising.A plaintiff would have a tough time asserting that he would not have purchased the game if, for instance Bioware had never commented on the ending.

In any case, the use of words like "diverse," etc., I think they're more like "puffery" than anything.

I'm pointing out the licenscing agreement alone in no way was enough to justify a case of false advertising. As an example, a prenup, which expiclity states what parties receive in the event of a divorce can be nullified completely in certain situations (abuse and attempted murder being the most likely). When laws are violated, contracts can and often are nullified, even the contract gave explict or implied consent for the violation of the law.

Contracts, no matter what they state, never allow a party to violate the law and escape responsibility from it.

You guys can send me Death Threats all day, it doesn't change the fact that BioWare, whether it be Casey, Mike, Mac, or Dr. Muyzka, the fact is they lied to the public about a product they were selling. Said product was NOT what they said it would be, and in fact it was the exact opposite, had we of known how the endings were gonna be, we would have NOT bought the game.

This means, pure and simple; False Advertising on BioWare's part.

Getting it in front of a FTC judge is hard, because it costs money and time, months and months, but if we did get it in court, we would win. If that means an official apology from BioWare/EA and full refund, GREAT, DLC that fixes the on disc ending, GREAT, fines and business sanctions on EA, GREAT, and if nothing but a rule in our favor, GREAT, and if we lose, then it would just prove that A) The court doesn't understand the ME series and how bad the last 10minutes truly is and That EA is so big and so hell bent on making money that they have Zero concern for the consumer, but they have 100% concern for their bank statement.

[ardias89]

Certainly glad im not part of Bioware now... please people Bioware need to correct their wrongs yes but dont let this turn ugly!

[neubourn]

 Well...this thread just goes to show just how little some of you actually understand THE LAW:

There are 3 types of False Advertising:

1.Failure to Disclose

2.Flawed and Insginificant Research

3.Product Disparagement

None of which apply here. Also, you have to actually prove that you were deceived (this is where artistic lincense comes in to play), and you must prove an "Irreparable harm."

And no "Failure to disclose" does not mean "oh they said one thing and the game ended up being different. That doesnt matter, since games change over the process of their creation, and what they said months ago may not be applicable to the final game. 

[Da Don Giovanni]

ardias89 wrote...

Certainly glad im not part of Bioware now... please people Bioware need to correct their wrongs yes but dont let this turn ugly!

Somebody's gotta take a stand, somebody's gotta say ENOUGH!

[Da Don Giovanni]

neubourn wrote...

 Well...this thread just goes to show just how little some of you actually understand THE LAW:

There are 3 types of False Advertising:

1.Failure to Disclose

2.Flawed and Insginificant Research

3.Product Disparagement

None of which apply here. Also, you have to actually prove that you were deceived (this is where artistic lincense comes in to play), and you must prove an "Irreparable harm."

And no "Failure to disclose" does not mean "oh they said one thing and the game ended up being different. That doesnt matter, since games change over the process of their creation, and what they said months ago may not be applicable to the final game. 

You know good and well that we can proove these five things

To establish that an advertisement is false, a plaintiff must prove five things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; (3) the deception is also likely to affect the purchasing decisions of its audience; (4) the advertising involves goods or services in interstate commerce; and (5) the deception has either resulted in or is likely to result in injury to the plaintiff

[SovereignWillReturn]

You're not getting a case, it wouldn't hold in a court, no matter how much vindication or "Rules" that are broken.

Letting get this out of hand is more childish than not, I'd rather just continue making bad press for EA.

[Olueq]

Oilking72 wrote...

Give it an effing rest.

Ummmm.... how about no?

[iorveth1271]

[spyridontrilogy]

Here's what I don't understand...all this stuff about false advertising and the FTC etc...if you really believe it, do it. You say it's hard to get the money to do it? I guarantee--GUARANTEE--that ten minutes on the internet will find you thirty or forty class-action specialists who will gladly take any case where they feel they can make a buck. Just do it. Stop talking about it. Do it. But don't be surprised when you get laughed at, because it's a video game. And I don't mean that in a disparaging way. No judge is going to hear a case about a video game not delivering on its promises, especially when most of what you will cite as "FALSE ADVERTISING" will come not from actual advertisements, but from interviews. Just do it already.

[Garland7A]

Humanoid_Typhoon wrote...

Bring EA to court for the murder of BioWare....and a few other companies.

[crappyjazzy]

I saw a trailer advertisement on TV for the "funniest movie of the year".

Guess what? I didn't find it that funny.

So I should sue?

[iorveth1271]

Da Don Giovanni wrote...

ardias89 wrote...

Certainly glad im not part of Bioware now... please people Bioware need to correct their wrongs yes but dont let this turn ugly!

Somebody's gotta take a stand, somebody's gotta say ENOUGH!

And you do that by bashing a company that creates video games, which are simply meant for entertainment of the masses, and threaten them with a lawsuit? Seriously?

Grow up already. Give your game back, get a refund and get over it. Nobody forces you to buy it. It's a case of advertisement like every other. Every company that advertises its product lies and explains it as something more than it is, so what?

We're talking about a video game here and you're treating it as if someone advertised a breather wrong and people suffocate from it. Get your priorities straight already.

Modifié par iorveth1271, 04 avril 2012 - 11:27 .

[Wolfen919]

Who is paying for the lawyers again?

[Olueq]

crappyjazzy wrote...

I saw a trailer advertisement on TV for the "funniest movie of the year".

Guess what? I didn't find it that funny.

So I should sue?

thats an opinion, genius.

[FrozenDreamfall]

Good,we do have a lot of proof.And if PAX will be a disappointment just tell me when and where you're taking this and I'd be glad to join if I can.

[Zix13]

If there is a case to be made, it should be. Gaming companies have been getting far too comfortable with false advertising.

[Da Don Giovanni]

FrozenDreamfall wrote...

Good,we do have a lot of proof.And if PAX will be a disappointment just tell me when and where you're taking this and I'd be glad to join if I can.

Well I'm not ready to present a case yet, but the problem is getting it in front of the judge. Lawyer fees is the only obstacle stopping us currently.

[PhotonMaze]

What a waste of time. Do you have a life? If everybody made a case when they had the right to make a case, everybody in the world would be a lawyer.

Focus your money and efforts on things that matter - like poverty or discrimination.

[xsdob]

You have no case, now stop spamming the forums.

[spyridontrilogy]

Da Don Giovanni wrote...

FrozenDreamfall wrote...

Good,we do have a lot of proof.And if PAX will be a disappointment just tell me when and where you're taking this and I'd be glad to join if I can.

Well I'm not ready to present a case yet, but the problem is getting it in front of the judge. Lawyer fees is the only obstacle stopping us currently.

http://www.ehow.com/...ass-action.html 

There ya go.  Like I said before: class action lawyers work for a percent of the settlement.  FYI, I wouldn't be surprised if the lawyer just handed you the $60 for the game and politely asked you to leave his office.

[spyridontrilogy]

PhotonMaze wrote...

What a waste of time. Do you have a life? If everybody made a case when they had the right to make a case, everybody in the world would be a lawyer.

Focus your money and efforts on things that matter - like poverty or discrimination.

Didn't you hear?  If that doesn't affect you, then you don't have to worry about it.