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So Bioware actually broke the law with ME3


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#51
Dragoonlordz

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BobSmith101 wrote...

DayusMakhina wrote...

Pre-release developer statements would not hold up in any court of law I'm afraid, such statements are always subject to change (and generally more often than not this is stated somewhere) and as such are not accountable as false advertising.


Any statement made after the gold date would.


Try it then princess, take them and watch your fantasy world pop before your eyes. It wouldn't stand up in court and if you think it would then try it and see for yourself. Of course you won't like everyone else in this thread it's all huff and puff with no substance or back bone. All talk and if take action you would be laughed out of the court room. Keep peddling your propaganda, stay bitter and upset then someday when reality bites you in the ass maybe you will decide to do something more productive with your life instead of whine and moan on these forums all day and night about the last 10 minutes of a video game.

Modifié par Dragoonlordz, 06 avril 2012 - 12:45 .


#52
Nathan Redgrave

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The only statements you can outright call illegal are the ones made with regards to a final product. Pre-release statements aren't false advertising, per se, but... well, let's just point to Peter Molyneux and the Fable series, and rest our case on that. Disappointing, but not exactly a crime.

#53
Dragoonlordz

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Nathan Redgrave wrote...

The only statements you can outright call illegal are the ones made with regards to a final product. Pre-release statements aren't false advertising, per se, but... well, let's just point to Peter Molyneux and the Fable series, and rest our case on that. Disappointing, but not exactly a crime.


Agreed. The only way they can even get close to an actual lawsuit that has any substance is if the product description on the box is different to the content inside or the retailer bought from product description is wrong. Even then class action suit would fall flat on it's face to be honest.

#54
They call me a SpaceCowboy

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beutelmarkus wrote...

demersel wrote...

MadMatt910 wrote...

Technically they provided everything in the initial description. Just to the absolute lowest standard possible. There are actually 16 endngs but they are really really similar, with tiny changes like if the buildings are standing in london in the final cutscene.

The lesson to be learned is that whatever bioware says, this is the standard it will be executed to.


Not 16. 

7 in total.

And official interveiws count as marketing materials. 


Look in the Origin install folder for Mass Effect 3.  There's EXACTLY 16 different ending movies - all of which are in the game.  16 different endings - subtle differences, yes - but still 16 different endings.


I saw a post talking about this. It looked to me like some of the files were made to be shared by multiple endings. I can't think of an example offhand.

#55
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Dragoonlordz wrote...

BobSmith101 wrote...

DayusMakhina wrote...

Pre-release developer statements would not hold up in any court of law I'm afraid, such statements are always subject to change (and generally more often than not this is stated somewhere) and as such are not accountable as false advertising.


Any statement made after the gold date would.


Try it then princess, take them and watch your fantasy world pop before your eyes. It wouldn't stand up in court and if you think it would then try it and see for yourself. Of course you won't like everyone else in this thread it's all huff and puff with no substance or back bone. All talk and if take action you would be laughed out of the court room. Keep peddling your propaganda, stay bitter and upset then someday when reality bites you in the ass maybe you will decide to do something more productive with your life instead of whine and moan on these forums all day and night about the last 10 minutes of a video game.


Princess? What's with the hostility?

#56
Little Princess Peach

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SeefPanda wrote...

this is getting ridiculous.

really now guys, a class action lawsuit because you didnt like the ending. just trade the damn thing in for another game that youll be equally dissatisfied with.

for the love of god, if this is what we've come to i wish there was a choice to allow earth to be harvested.

I will have to agree with you on that point but people will go to extream lengths when the right buttons are pressed

#57
LaurenShepard-N7

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L00p wrote...

Dragoonlordz wrote...

BobSmith101 wrote...

DayusMakhina wrote...

Pre-release developer statements would not hold up in any court of law I'm afraid, such statements are always subject to change (and generally more often than not this is stated somewhere) and as such are not accountable as false advertising.


Any statement made after the gold date would.


Try it then princess, take them and watch your fantasy world pop before your eyes. It wouldn't stand up in court and if you think it would then try it and see for yourself. Of course you won't like everyone else in this thread it's all huff and puff with no substance or back bone. All talk and if take action you would be laughed out of the court room. Keep peddling your propaganda, stay bitter and upset then someday when reality bites you in the ass maybe you will decide to do something more productive with your life instead of whine and moan on these forums all day and night about the last 10 minutes of a video game.


Princess? What's with the hostility?

"Call me princess again and you'll be picking your teeth up off the floor." :P 

Modifié par LaurenShepard-N7, 06 avril 2012 - 12:57 .


#58
AkiKishi

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Dragoonlordz wrote...

BobSmith101 wrote...

DayusMakhina wrote...

Pre-release developer statements would not hold up in any court of law I'm afraid, such statements are always subject to change (and generally more often than not this is stated somewhere) and as such are not accountable as false advertising.


Any statement made after the gold date would.


Try it then princess, take them and watch your fantasy world pop before your eyes. It wouldn't stand up in court and if you think it would then try it and see for yourself. Of course you won't like everyone else in this thread it's all huff and puff with no substance or back bone. All talk and if take action you would be laughed out of the court room. Keep peddling your propaganda, stay bitter and upset then someday when reality bites you in the ass maybe you will decide to do something more productive with your life instead of whine and moan on these forums all day and night about the last 10 minutes of a video game.


I use the system to fight my own battles not other peoples. I used the system to get refunds and spread the word so everyone who wanted one could do likewise.

You have issues , almost like you have some sort of personal stake in this.

#59
Dragoonlordz

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L00p wrote...

Dragoonlordz wrote...

BobSmith101 wrote...

DayusMakhina wrote...

Pre-release developer statements would not hold up in any court of law I'm afraid, such statements are always subject to change (and generally more often than not this is stated somewhere) and as such are not accountable as false advertising.


Any statement made after the gold date would.


Try it then princess, take them and watch your fantasy world pop before your eyes. It wouldn't stand up in court and if you think it would then try it and see for yourself. Of course you won't like everyone else in this thread it's all huff and puff with no substance or back bone. All talk and if take action you would be laughed out of the court room. Keep peddling your propaganda, stay bitter and upset then someday when reality bites you in the ass maybe you will decide to do something more productive with your life instead of whine and moan on these forums all day and night about the last 10 minutes of a video game.


Princess? What's with the hostility?


This thread is retarded. It deserves no patience. If you lot feel your could or should sue them then try it, don't just say it. Do it and be surprised by the results not going in your favor. Or you know you could do this magical thing called selling the game and buying a different one. At this stage you have got an answer from the developers, what they plan to do and what they are not doing. It is time people start to wake up and burst that bubble of denial. Accept or find something else that you enjoy instead of making threats.

#60
Dragoonlordz

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LaurenShepard-N7 wrote...

L00p wrote...

Dragoonlordz wrote...

BobSmith101 wrote...

DayusMakhina wrote...

Pre-release developer statements would not hold up in any court of law I'm afraid, such statements are always subject to change (and generally more often than not this is stated somewhere) and as such are not accountable as false advertising.


Any statement made after the gold date would.


Try it then princess, take them and watch your fantasy world pop before your eyes. It wouldn't stand up in court and if you think it would then try it and see for yourself. Of course you won't like everyone else in this thread it's all huff and puff with no substance or back bone. All talk and if take action you would be laughed out of the court room. Keep peddling your propaganda, stay bitter and upset then someday when reality bites you in the ass maybe you will decide to do something more productive with your life instead of whine and moan on these forums all day and night about the last 10 minutes of a video game.


Princess? What's with the hostility?

"Call me princess again and you'll be picking your teeth up off the floor." :P 


Princess.

#61
Guest_L00p_*

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LaurenShepard-N7 wrote...

L00p wrote...

Dragoonlordz wrote...

BobSmith101 wrote...

DayusMakhina wrote...

Pre-release developer statements would not hold up in any court of law I'm afraid, such statements are always subject to change (and generally more often than not this is stated somewhere) and as such are not accountable as false advertising.


Any statement made after the gold date would.


Try it then princess, take them and watch your fantasy world pop before your eyes. It wouldn't stand up in court and if you think it would then try it and see for yourself. Of course you won't like everyone else in this thread it's all huff and puff with no substance or back bone. All talk and if take action you would be laughed out of the court room. Keep peddling your propaganda, stay bitter and upset then someday when reality bites you in the ass maybe you will decide to do something more productive with your life instead of whine and moan on these forums all day and night about the last 10 minutes of a video game.


Princess? What's with the hostility?

"Call me princess again and you'll be picking your teeth up off the floor." :P 


Nvm I asked, Dragoonlordz is always hostile.

Modifié par L00p, 06 avril 2012 - 12:58 .


#62
Dragoonlordz

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L00p wrote...

LaurenShepard-N7 wrote...

L00p wrote...

Dragoonlordz wrote...

BobSmith101 wrote...

DayusMakhina wrote...

Pre-release developer statements would not hold up in any court of law I'm afraid, such statements are always subject to change (and generally more often than not this is stated somewhere) and as such are not accountable as false advertising.


Any statement made after the gold date would.


Try it then princess, take them and watch your fantasy world pop before your eyes. It wouldn't stand up in court and if you think it would then try it and see for yourself. Of course you won't like everyone else in this thread it's all huff and puff with no substance or back bone. All talk and if take action you would be laughed out of the court room. Keep peddling your propaganda, stay bitter and upset then someday when reality bites you in the ass maybe you will decide to do something more productive with your life instead of whine and moan on these forums all day and night about the last 10 minutes of a video game.


Princess? What's with the hostility?

"Call me princess again and you'll be picking your teeth up off the floor." :P 


Nvm I asked, Dragoonlordz is always hostile.


Only towards stupidity. Hyperbole and vitriol deserve no less.

#63
Guest_L00p_*

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Dragoonlordz wrote...

L00p wrote...

Dragoonlordz wrote...

BobSmith101 wrote...

DayusMakhina wrote...

Pre-release developer statements would not hold up in any court of law I'm afraid, such statements are always subject to change (and generally more often than not this is stated somewhere) and as such are not accountable as false advertising.


Any statement made after the gold date would.


Try it then princess, take them and watch your fantasy world pop before your eyes. It wouldn't stand up in court and if you think it would then try it and see for yourself. Of course you won't like everyone else in this thread it's all huff and puff with no substance or back bone. All talk and if take action you would be laughed out of the court room. Keep peddling your propaganda, stay bitter and upset then someday when reality bites you in the ass maybe you will decide to do something more productive with your life instead of whine and moan on these forums all day and night about the last 10 minutes of a video game.


Princess? What's with the hostility?


This thread is retarded. It deserves no patience.


Why do you post in it then?

#64
Alerithon

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Dragoonlordz wrote...

BobSmith101 wrote...

DayusMakhina wrote...

Pre-release developer statements would not hold up in any court of law I'm afraid, such statements are always subject to change (and generally more often than not this is stated somewhere) and as such are not accountable as false advertising.


Any statement made after the gold date would.


Try it then princess, take them and watch your fantasy world pop before your eyes. It wouldn't stand up in court and if you think it would then try it and see for yourself. Of course you won't like everyone else in this thread it's all huff and puff with no substance or back bone. All talk and if take action you would be laughed out of the court room. Keep peddling your propaganda, stay bitter and upset then someday when reality bites you in the ass maybe you will decide to do something more productive with your life instead of whine and moan on these forums all day and night about the last 10 minutes of a video game.


I'm sure you've got some case law you can cite supporting your claim.  

It would stand in court...if a producer was only held to their "official" advertisements, then they'd be free to make any wild or outlandish claim they wanted in interviews and any other venue scott free.  Oh, but wait, they can't do that...because it would be false advertising.  

And whether a suit would prevail in this case might be irrelevant.  If enough people banded together to file a class action suit...say, 150 people...each asking for the time value of the hours they spent trying to prove Bioware's claims true, the potential loss they'd face...not to speak of any punitive award a court might consider...would be fairly significant.  Not to mention the negative value that the bad press would carry.  

I think that anyone wondering at Bioware's silence shouldn't be looking at incompetance...they should be looking at Bioware's legal department.  I think Bioware knows just how big a pile of poo they've stepped in here, and they are treading very carefully not to spread it around too much, or step in a bigger pile.

#65
YohkoOhno

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All a class action suit in the long run would force developers to put some kind of legal statement at the end of every interview similar to what people in the stock market or doing investor relations do, or what you see now on commercials, with all the medication side-effects listed, or even the "Do not Attempt" disclaimers during funny commercials out of fear.

I agree, developer statements are not legally binding, especially if they are vague. You could argue that the choices you made in the first 2 games were reflected accurately in the third game. Most Bioware endings tend to be rather limited. I think it would be very difficult to argue about fraud here, especially since story resolution is a matter of opinion and can't be judged by the same merit as warranties and functional vs. broken.

#66
Dragoonlordz

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Alerithon wrote...

Dragoonlordz wrote...

BobSmith101 wrote...

DayusMakhina wrote...

Pre-release developer statements would not hold up in any court of law I'm afraid, such statements are always subject to change (and generally more often than not this is stated somewhere) and as such are not accountable as false advertising.


Any statement made after the gold date would.


Try it then princess, take them and watch your fantasy world pop before your eyes. It wouldn't stand up in court and if you think it would then try it and see for yourself. Of course you won't like everyone else in this thread it's all huff and puff with no substance or back bone. All talk and if take action you would be laughed out of the court room. Keep peddling your propaganda, stay bitter and upset then someday when reality bites you in the ass maybe you will decide to do something more productive with your life instead of whine and moan on these forums all day and night about the last 10 minutes of a video game.


I'm sure you've got some case law you can cite supporting your claim.  

It would stand in court...if a producer was only held to their "official" advertisements, then they'd be free to make any wild or outlandish claim they wanted in interviews and any other venue scott free.  Oh, but wait, they can't do that...because it would be false advertising.  

And whether a suit would prevail in this case might be irrelevant.  If enough people banded together to file a class action suit...say, 150 people...each asking for the time value of the hours they spent trying to prove Bioware's claims true, the potential loss they'd face...not to speak of any punitive award a court might consider...would be fairly significant.  Not to mention the negative value that the bad press would carry.  

I think that anyone wondering at Bioware's silence shouldn't be looking at incompetance...they should be looking at Bioware's legal department.  I think Bioware knows just how big a pile of poo they've stepped in here, and they are treading very carefully not to spread it around too much, or step in a bigger pile.


Don't kid yourself, this like so many others is pure and simple fearmongering, bully tactics and threats. If you think you have a case try it. But like always all the people in here are saying something to try and force Bioware to do their bidding with threats instead of actually having the back bone to try it. When you try it let me know so I can laugh at the end result which went aganst you lot. Lets face it, noone in here is giong to put their money where their mouth is. It's all grandstanding and fearmongering thats why they talk about it instead of do it, make no mistakes about that.

Modifié par Dragoonlordz, 06 avril 2012 - 01:08 .


#67
avatar2396

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The only thing that might and i stress might stand up is the whole needing mp to get an optimal ending. But they only thing you will really get is either dev's putting disclaimers on their communications or possibly a refund from bioware for the product.

#68
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Remember, do not feed any obvious trolls.
Stay on topic, people.

#69
Ben Shep

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Pathetic!

#70
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Ben Shep wrote...

Pathetic!


The false marketing? Yeah, we know.

#71
Dragoonlordz

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L00p wrote...

Remember, do not feed any obvious trolls.
Stay on topic, people.


Whats wrong? You can spam the forums with negativity for weeks and make threats yet do not have the stomach to take a negative reaction towards your actions? Awww... Shucks, reality sucks eh?

Modifié par Dragoonlordz, 06 avril 2012 - 01:15 .


#72
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Like I said, no feeding the trolls, especially those attention seeking ones.

Ben Shep, care to explain?

#73
Dragoonlordz

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L00p wrote...

Like I said, no feeding the trolls, especially those attention seeking ones.

Ben Shep, care to explain?


I'll explain it for you. The stance and actions of this thread both in title and content is pathetic.

I'll put it another way, one which you should understand. "This hurts you" as a group, as a movement and as a gamer.

Modifié par Dragoonlordz, 06 avril 2012 - 01:32 .


#74
billy the squid

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Paulus magintie wrote...

By falsely advertising the game to have and do certain things and then failed to follow up with their statements. That is illegal in the UK and quite frankly I don't think Bioware actually understands what they have actually done.

We see them here telling us "Its the ending we wanted and intended" even though we where told there would be 16 endings (Im sure that was BS anyway) but we where told no A,B,C choices and we got that.

Anyone in the UK could actually file a lawsuit against Bioware for this. So why on earth is Bioware sticking with their guns claim they are listening to the fanbase only to ignore them anyway?

They are in deep water already and some guy in the USA filed a complaint about bioware about their false advertising. Why is it only the fan base that can see this?


No. I'll go through it briefly.

Because those with a legal background realise that to claim false advertising is daft in this situation. And in this case difficult to prove, as what is determined to be a marketing puff, rather than a possible contractual stipulation is nebulous at best. In addition Misrepresentation doesn't appear to part of the issue. There is no Trademark infringement and several criteria are unfulfilled or so minor that they would be ignored in any action.

1) False statement has been made about the goods and or services?

So, does the game function, yes by and large. Do you have an ending, yes. Is it ME, yes. Does it continue the IP to its conclusion? yes. That's it unless it's patently clear that the developer lied about any of the above, the ending issue is irrelevant in any determination.

2+3) The statement is a misrepresentation, ie: it decieved or induced the person to purchase the product or service in question? Or it had the potential to decieve  the purchaser?

Did that single statement induce you to buy the game? Or were there other matters involved? If so you weren't induced to purchase based upon that statement which may or may not be false.

4) Did you suffer an injury or loss?

Well you might get a refund, if somehow one is able to convince the court of this. Although It would never get to court over such a paltry sum. Your costs wouldn't be covered. And punitive damages? pffft. never going to happen. It implied negligence and deliberate fraud. Which you have to prove as the claimant. And you would have to quantify the damage unless you want to go for unquantified damages claim, which you won't win.

Modifié par billy the squid, 06 avril 2012 - 01:40 .


#75
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Ben, what up buddy?