brian_breed wrote...
You cannot seriously equate brakes on a car with... the ending of a video game.
A) No damages have been incurred. Ergo, no lawsuit will stand in court.
The product is legally as promised. Ergo, no lawsuit will stand in court.
C) The game's endings are technically distinct. "The best kind of distinct." Ergo, no lawsuit will stand in court.
D) The quotations which y'all are throwing around are from interviews, not ads. Ergo, no lawsuit will stand in court.
E) Even IF all the above were their opposites, you would not win a civil claim because (1) you agreed to the end user license agreement, and (2) the case would be tried in California, which will protect the company's interests.
Now if you read all that, and if you still choose to ignore it:
Why do you think this thread has not been locked?
Two reasons.
A) You all look like jackasses, and are further entrenching the company's opinion that "complaints about ending"="unreasonable people."
Even though your arguments are bad and your logic is unsound, you're providing the legal team at EA/Bioware with a running transcript of your "plan."
That was forward-thinking of you.
A) I would say you are correct but the damage incurred is that the fans paid a premium for the full game. I'm not saying its much of a leg to stand on but any good lawyer could use that as a way to get the case in front of a judge.
if we go down to the basics of the product, what was promised by the lead developers for public appeal has not been deliverred on, once again a good laywer could successfully argue that because the developers have it in writing that they would not provide an A,B,or C ending and have stated multiple times that the game have many different conclusions we the plaintiffs would actually have enough evidence to support our claims, the burden would then fall on bioware to explain their actions.
c) even if the endings are distinct the reality of it is bioware tried to skirt around their verbal contract and advertising a successful law team can argue a case where bioware did not actually deliver on their promises
d) Even if we don't include the quotations the ads going all the way back to the beginning of the franchise have built up common expectation that the series would deliver different endings based on your actions, a smart laywer could successfully argue that bioware did not deliver on the overall promise of choices mattering completely and that and even if that doesn't work he can then argue that you don't actually take earth back which would become the fall back argument for the law team.
E) Ah yes the end user license agreement, I wonder when thats going to finally hit the supreme court after the health care bill debacle, it has been established in several states that EA is not allowed to sell a game without making the terms and conditions known to the purchaser before purchasing a game while in other states the opposite is true, If a lawyer is smart he will use that as an argument to get the industry to fix that rather large problem however since EA seems to like to follow sony we're boned either way but i'll get to that in a moment.
As to why I think the thread hasn't been locked is because bioware's avoiding the fans, its become very obvious in the last two weeks that all bioware employees and moderators have vanished from the spoilers thread, its almost like they don't want to face the music or their getting dissolusioned by the angry comments either way.
However another class action lawsuit will never come down on EA again, you see what I was referencing before is that in EA's terms of service for origin and all of their games. There is a little damaging information in sections 19 and 20 of EA's contract to consumers(yes this is a contract to consumers who purchase EA games that include use of EA's servers whether through origin or console) EA forces you to accept binding arbritation i'll link it here.
http://tos.ea.com/le...n/PC/#section17 "20. Dispute Resolution By Binding Arbitration
The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise. As discussed below in Section 20.e, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than EA’s last settlement offer to you (if any), EA will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award.PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your EA Account at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support[/b] (for Star Wars™: The Old Republic). In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has with you after attempting to do so informally), then you and EA agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law,[/b] but expressly excludes residents of Quebec, Russia, Switzerland and the Member States of the European Union
. By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. This Section covers any and all disputes between us (“Disputes”), including without limitation:- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section are the following:
- a claim to enforce or protect, or concerning the validity of, any of your or EA’s (or any of EA’s licensors’) intellectual property rights;
- a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
- In addition, nothing in this Section shall prevent either party from initiating a small claims court action.
References to "EA," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This arbitration provision evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
This arbitration provision shall survive termination of these Terms of Service."
You asked why does bioware keep this thread open, because they know that the fans have no legal recourse. The only recourse we as fans have now is a boycott , but the industry has us so fractured and split into factions that we will never see the that come to fruition. As those terms of service become the new contract and then arbitration will faze out the legal system and then the citizens of the USA will never be able to defend ourselves through legal means again.
EDIT: The only way for a court case to occur is for some outside force to initiate court proceedings up the chain to get the TOS(forced contracts) thrown out by the supreme court, without having that addressed properly these corporations can get away with almost anything.
If anything I would like a class action to try, and then have media frenzy built up over the TOS, there is so much that needs to be fixed with them across the board and it seems the only way to get an outcry going to is have people see what these TOS agreemants truly are, not as beleif but as fact, Sony's TOS has such potential for this to happen but it is not enough.
EDIT2: Stysaik - all I was trying to do was drive the point home, we give up to easily on some things and fight for others, all I was trying to do was list a slightly similar situation of false advertising and how if can go to extremes and if we tolerate it here whats to stop stuff like that from happening in other industries.
I personally don't like sue happy people and find many cases to be frivolous but there are some times where I can see the impact on an industry is nothing is down case and point the above TOS I posted.
Modifié par soulprovider, 05 avril 2012 - 03:46 .
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