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 .