405 réponses à ce sujet

[brian_breed]

This undermines everything for which the fans should strive.

First, you feel betrayed because of your emotional investment in the Mass Effect universe. But that's not false advertising:

The FTC wrote...

False advertising is a "means of advertisement other than labeling, which is misleading in a material respect; and in determining whether an advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the commodity to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual."

Second, you're using Bioware's own social network to try to mobilize a court action. How do you expect that to pan out?

Third, in case you're wondering, you will get no money from EA/Bioware by bringing this to the Federal Trade Commission. The FTC doesn't handle tort.

[cutegigi]

Phyzzix wrote...

Honestly, I don't know for sure. I think Namco COULD lose a lawsuit like that, but it'd be iffy, I don't see it happening, and it's irrelevant either way.

And on the unrelated note, it depends how you look at Mass Effects advertising. To be honest, a few articles upplaying the ending aren't heavy advertisement on the ending.

yeah. It depends. 
but its not only articles. there are other things too. 

[cutegigi]

brian_breed wrote...

This undermines everything for which the fans should strive.

First, you feel betrayed because of your emotional investment in the Mass Effect universe. But that's not false advertising:

The FTC wrote...

False advertising is a "means of advertisement other than labeling, which is misleading in a material respect; and in determining whether an advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the commodity to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual."

Second, you're using Bioware's own social network to try to mobilize a court action. How do you expect that to pan out?

Third, in case you're wondering, you will get no money from EA/Bioware by bringing this to the Federal Trade Commission. The FTC doesn't handle tort.

Did OP ever mention anything about making money out of this ??

[Da Don Giovanni]

brian_breed wrote...

This undermines everything for which the fans should strive.

First, you feel betrayed because of your emotional investment in the Mass Effect universe. But that's not false advertising:

The FTC wrote...

False advertising is a "means of advertisement other than labeling, which is misleading in a material respect; and in determining whether an advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the commodity to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual."

Second, you're using Bioware's own social network to try to mobilize a court action. How do you expect that to pan out?

Third, in case you're wondering, you will get no money from EA/Bioware by bringing this to the Federal Trade Commission. The FTC doesn't handle tort.

The FTC also makes the accused company "Fix" the problem.

In our case, DLC that changes the ending to ME3 (i.e. broken steel)

[sth128]

I would wait for the ending DLC to come out before rushing off to court. At the very least, consult with your attorney first.

[ctdmz]

Ignoring for the moment the obvious weaknesses in this case, how exactly do you plan on getting it in front of a federal judge? Federal laws regarding false advertising generally only grant standing to sue to the Federal Trade Commission and commercial competitors. The OP is neither so he lacks standing to bring this into a federal court.

You could allege a state law claim and invoke a federal court's jurisdiction through diversity of citizenship, but do you even know what your state law is? In my state this wouldn't fly.

This is a pot that really doesn't need stirring and it's clear the FA allegation hasn't been thought out at all. The fanbase wields enough power through their wallets; no need to involve judges, lawyers, or federal agencies.

[brian_breed]

cutegigi wrote...

brian_breed wrote...

This undermines everything for which the fans should strive.

First, you feel betrayed because of your emotional investment in the Mass Effect universe. But that's not false advertising:

The FTC wrote...

False advertising is a "means of advertisement other than labeling, which is misleading in a material respect; and in determining whether an advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the commodity to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual."

Second, you're using Bioware's own social network to try to mobilize a court action. How do you expect that to pan out?

Third, in case you're wondering, you will get no money from EA/Bioware by bringing this to the Federal Trade Commission. The FTC doesn't handle tort.

Did OP ever mention anything about making money out of this ??

That wasn't clear, but enough people hopping in this careening band wagon certainly have brought up dollars and cents.

[brian_breed]

Da Don Giovanni wrote...

brian_breed wrote...

This undermines everything for which the fans should strive.

First, you feel betrayed because of your emotional investment in the Mass Effect universe. But that's not false advertising:

The FTC wrote...

False advertising is a "means of advertisement other than labeling, which is misleading in a material respect; and in determining whether an advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the commodity to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual."

Second, you're using Bioware's own social network to try to mobilize a court action. How do you expect that to pan out?

Third, in case you're wondering, you will get no money from EA/Bioware by bringing this to the Federal Trade Commission. The FTC doesn't handle tort.

The FTC also makes the accused company "Fix" the problem.

In our case, DLC that changes the ending to ME3 (i.e. broken steel)

No, they make the company "fix" the advertising. Do your own research from now on. I'm gonna let this thread die.

[Hendrik.III]

Srsly, I want BW to fix the ending - not for them to choke on it. There's no need for this... yet.

[malamor]

Maybe Judge Judy would take it on?

[DeeLite808]

The difference is, they didn't BLANTANLY LIE TO SELL THEIR GAME.


Look I'm not prepared, nobody for that matter is prepared to stand in front of a judge and expect anything more than fees and apologies from EA.

However, if PAX is retake omega and no mention of the Endings, then it's time the FTC heard our complaints in force.

Then you just demonstrated that you have no clue about the law and
how things are handled legally. and one thing you have to consider ;
YOU HAVE NO CASE. Not a single one.

There has been no wrong doing.
No False advertising (and throughout this thread, it seems a lot of people really have no concept or understand the LEGAL meaning for False Advertising)

All you have is that you as a consumer hate a game, because it didn't GIVE what YOU THOUGHT or ASSUMED it would give, based on expectations you built for yourself.

If that doesn't work, then we'll see about court, but lawyer fees with cases like thise costs 100,000s of dollars.

You will not even make it that far.

[brian_breed]

Hendrik.III wrote...

Srsly, I want BW to fix the ending - not for them to choke on it. There's no need for this... yet.

There's no "this" for you to "yet."

There's no case.

[DeeLite808]

Da Don Giovanni wrote...
The FTC also makes the accused company "Fix" the problem.

Actually, no they don't. They fine the company, make them pay back consumers by initiating a return and refund program and/or fix the advertising for it.

They don't make anyone "fix" anything. If a item is advertised to do "B" task but it actually does "A" task, the FTC doesn't make them fix it. They fine and/or make the company take the product back and promise to not advertise the product as doing B taks when it does A task

In our case, DLC that changes the ending to ME3 (i.e. broken steel)

That is not "fixing" that is makign a company do something that it doesn't need to do, to a game, that you did not like an ending to.

The endings do not need to be fixed (the endings were fine, not the BEST written endings, but they are not earth shattering, rip your eyes out for that reason) you just aren't happy with them. They can provide additional DLC to clarify, but they are under NO LEGAL obligation to fix anything and not even the FTC can force them to.

Modifié par DeeLite808, 04 avril 2012 - 08:16 .

[cutegigi]

brian_breed wrote...

No, they make the company "fix" the advertising. Do your own research from now on. I'm gonna let this thread die.

Good point.
But I still think even that is a good thing. Hopefully it will prevent developer/publisher saying whatever they want without actually delivers just practically to get sales

[ThisOneIsPunny]

OP, this one would beg you to consider that such an undertaking requires time and money. It will not be short and easy even if you have enough evidence and a solid case, and it could take years.

[noobcannon]

i'm sorry, but, i laugh when i see these threads.

[ShepnTali]

People have won sillier cases. Requires a good legal team. The sleazier the better. 'Oh, the mental anguish I have suffered, with hospital records to back the claim.' It's not impossible. Having said that, I do not support these kinds of lawsuits.

[Gwtheyrn]

I agree and would be willing to add my name to a class-action suit against EA/Bioware for such a blatant violation of law.

For those saying wait two days, legally speaking, making up later does not forgive a criminal act.

[Hunter_Wolf]

I can't even count how many games I've seen and played in the past that didn't live up to expectations. This is nothing new therefore nothing illegal. You bought into the hype, as did I, therefore it's your fault - not theirs.

And in Bioware's defense, we do not have all the facts spread out for us to know and read through. For all we know, they could of thought of episodes to follow up with ME3's ending. This again, while slightly different, is nothing new and companies like Bethesda have had field days with this form of DLC.

[brian_breed]

In the broadest legal sense, the game delivers on its promises. EA/Bioware meets the LETTER of the law.

Many of us are discontent with the game's finale because it fails to deliver the spirit of what we were promised. But that doesn't make a legal case.

Let this idea go. It leads nowhere and, since Bioware has already associated far more moderate pleas with extremes like filing with the FTC, it makes each and every one of us look like chumps.

For the love of God, please stop.

[DeeLite808]

Gwtheyrn wrote...

I agree and would be willing to add my name to a class-action suit against EA/Bioware for such a blatant violation of law.

No law has been broken

For those saying wait two days, legally speaking, making up later does not forgive a criminal act.

Nothing criminal has been committed.

[brian_breed]

DeeLite808 wrote...

Gwtheyrn wrote...

I agree and would be willing to add my name to a class-action suit against EA/Bioware for such a blatant violation of law.

No law has been broken

For those saying wait two days, legally speaking, making up later does not forgive a criminal act.

Nothing criminal has been committed.

Oh and everyone, DeeLite808 is my tag-team partner for this thread.

*Tags out.*

[Squiggles1334]

In this case, the 'false advertisements' in question amount to quotes in magazine interviews, LOL

[killnoob]

looks like we have a keyboard lawyer...

[rogueagent6]

Can't tell if Special Olympics or...