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A Note About the Xbox 360 Title Update


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#1226
Shakes McQueen

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Poisd2Strike wrote...

For those who make the argument that you bought Bioware / MS Points but didn’t get what you paid for, you are clearly mistaken.  Unless you purchased but did not receive the points THEMSELVES, you got EXACTLY what you paid for.  Purchasing Bioware / MS Points with theINTENTION of purchasing Return to Ostagar with THOSE points is not the same as purchasing Return to Ostagar.  If you feel differently, then perhaps you should start a class action lawsuit claiming “consumer fraud” and see how fast you get laughed out of court by any reasonable Judge / Jury.  Some have indicated they wouldn’t accept a refund even if one was offered.  This shows how unreasonable some of you are.


While this is technically true, it's an incredibly pedantic argument.  People don't buy Bioware/MS points, just for the joy of having Bioware/MS points - they are a form of online currency, used to buy things of actual value.

A valid analogy to what some people are having to deal with, wouldbe walking into a store to buy a game, giving the cashier your money, and then them telling you to come back on some unspecified date to get what you paid for.

Is it literally or legally the same?  Of course not.  But that is irrelevant - people are venting frustration, not lawyering up for a class action lawsuit.

- Scott

#1227
n0y0ki

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Feraele wrote...

Can I say "Great Caesar's Ghost!"  ..sorry this little scenario tickled my funny bone. :)  

And...I thought we were all finally getting along in this thread?  Hmmmm? :)   Back! Back I say..go to your rooms ..no cookie!

hey!!!
you no take my cookie!!!
evyl of u! :bandit:

#1228
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Modifié par Feraele, 25 janvier 2010 - 08:54 .


#1229
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Modifié par Feraele, 25 janvier 2010 - 08:53 .


#1230
Abriael_CG

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Feraele wrote...
I tend to think of it as more like a pre-order, you paid money upfront and things have gone awry.   But you will get your product eventually.............(some day :P


Preorders have never "some day" as a release date. When a game goes in pre-order status there always is a solid release date. If the game is delayed, another solid release date is given.

Retailers never accept preorders when they have no release date yet.

#1231
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Modifié par Feraele, 25 janvier 2010 - 08:52 .


#1232
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Modifié par Feraele, 25 janvier 2010 - 08:51 .


#1233
Abriael_CG

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Feraele wrote...

You are preaching to the choir,  I do pre-orders and I also order most of my games in the digital download format.


Then you should have known that your example was flawed to begin with, no? :wizard:

#1234
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Modifié par Feraele, 25 janvier 2010 - 08:50 .


#1235
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Modifié par Feraele, 25 janvier 2010 - 08:49 .


#1236
CoS Sarah Jinstar

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You can't have it both ways Fera. Retailers don't start offering preorders unless they at least have a tentative release date.

#1237
MerinTB

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Shakes McQueen wrote...

Poisd2Strike wrote...

For those who make the argument that you bought Bioware / MS Points but didn’t get what you paid for, you are clearly mistaken.  Unless you purchased but did not receive the points THEMSELVES, you got EXACTLY what you paid for.  Purchasing Bioware / MS Points with theINTENTION of purchasing Return to Ostagar with THOSE points is not the same as purchasing Return to Ostagar.  If you feel differently, then perhaps you should start a class action lawsuit claiming “consumer fraud” and see how fast you get laughed out of court by any reasonable Judge / Jury.  Some have indicated they wouldn’t accept a refund even if one was offered.  This shows how unreasonable some of you are.


While this is technically true, it's an incredibly pedantic argument.  People don't buy Bioware/MS points, just for the joy of having Bioware/MS points - they are a form of online currency, used to buy things of actual value.

A valid analogy to what some people are having to deal with, wouldbe walking into a store to buy a game, giving the cashier your money, and then them telling you to come back on some unspecified date to get what you paid for.

Is it literally or legally the same?  Of course not.  But that is irrelevant - people are venting frustration, not lawyering up for a class action lawsuit.

- Scott



No, it is NOT a valid analogy.

The MS or Bioware points are you putting money towards credit, and that credit can be used for future purchases.

The only valid analogy would be like getting a gift card or gift certificate.

You paid $25 for a gift card to Amazon or Gamestop or Borders or wherever, with the intent of using that game card to buy something that was supposed to come out today.  But when today rolls around the release date on that something is pushed back.  Well, wait, you PAID $25 for that item, right, and now you are being screwed, right?  No, you paid $25 for a voucher, a holder, a credit, that you intended to then trade for said item.  That is the only valid analogy.

Pre-payments, buying something but them being told it's on back-order, or any other analogy fails to see the two step-process of
1 - Paying money for another form of purhcasing power (like a gift certificate, or in the specific case here the MS or Bioware points)
2 - Using that form of purchasing power to get the actual goods that you want (in this case, the game content that was delayed.)

There are many stores that have a similar set-up, before you start saying that no store does this.  I worked at a video rental store when I was in college that you could prepay money onto your account and then when you rented something you could pull the money from your prepaid account.  Pretty much every store has gift cards or gift certificates, gas stations and fast food restaurants have cards that you can put money on, etc.
THAT is a comparable analogy to the MS points and the Bioware points.

Now you could argue about the relative intelligence of having a barrier between what you want to purchase and your money (having to get the points first before getting the software), but anyone who uses a credit card or a checking account is ALREADY doing that at one level so it would be something of a "yeah, but I don't want THIS PARTICULAR barrier."

*shrug*

You weren't ripped off.  You want the monetary value of your gift card back, go try and argue that with any store that grants gift cards or gift receipts.  Depending on the stink your raise and the manager on duty, you MIGHT get your money back - but more often than not you probably won't.

---

This argument is so very, very tired.

#1238
n0y0ki

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Feraele wrote...
I was using that as an example


lets not take it out of context, she did say as an example, did she not?

#1239
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Modifié par Feraele, 25 janvier 2010 - 08:48 .


#1240
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Modifié par Feraele, 25 janvier 2010 - 08:46 .


#1241
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Abriael_CG wrote...

Retailers never accept preorders when they have no release date yet.


sorry abriael,but that is incorrect.  i work for one of those retailers that does take preorders without a set release date (unless you count 'march 2010' as a date and not a release window).

#1242
CoS Sarah Jinstar

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sprybry wrote...

Abriael_CG wrote...

Retailers never accept preorders when they have no release date yet.


sorry abriael,but that is incorrect.  i work for one of those retailers that does take preorders without a set release date (unless you count 'march 2010' as a date and not a release window).


Its a tentative release date.

#1243
Silensfurtim

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RageGT wrote...

Reading all eight BW posts since the first about 5 days ago... I think someone there is running for something this year and training evasive answers in this forum... there are not one single line with a real answer as to the reason why:
1 - why the leaked version plays alright in any PC (with an empty spellbook extra line that breaks nothing).
2 - why was the official release delayed the first time, the second time and the trird time.
3 - why were us denied the "promised release" to "later today" (when xbox version "leaked")
4 - why is the new "testing process" not finished yet? How long will it take to be?
5 - why does compiling data for regular updates interferes with this ONE specific case where a whole bunch of people are asking for ONE real answer and not promises.
6 - why do you say "trying to improve communication and information flow around here" and then gives no information for days?
7 - why is access to the database needed to gather ONE piece of information? We're not talking about a whole communication system change here, but ONE specific piece of software that surely more than one people in BW should be able to give you some feedback over a phonecall.
8 - why none of the meetings held by the CM during the week provided a ONE answer to this case? (what the heck did you talk about RTO in those meetings? How to keep the community out of the loop?)


Please read this Bioware. We need answers.

Modifié par Silensfurtim, 24 janvier 2010 - 02:14 .


#1244
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CoS Sarah Jinstar wrote...

You can't have it both ways Fera. Retailers don't start offering preorders unless they at least have a tentative release date.


this is true.  once the release window has been set, then retailers will start the preorders.  of course, the product can still be delayed past the window...

#1245
CoS Sarah Jinstar

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sprybry wrote...

CoS Sarah Jinstar wrote...

You can't have it both ways Fera. Retailers don't start offering preorders unless they at least have a tentative release date.


this is true.  once the release window has been set, then retailers will start the preorders.  of course, the product can still be delayed past the window...


For sure, but 99 out of 100 times a new date is given on a delay.

#1246
Abriael_CG

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sprybry wrote...
this is true.  once the release window has been set, then retailers will start the preorders.  of course, the product can still be delayed past the window...


And if that happens, the developer will give them a new one, otherwise the retailers will eat their face :D

Preorders simply don't happen without a date written on the website, whether it's a "X/X/200X" or an "X/200X" I don't think it's even legal, actually.

Modifié par Abriael_CG, 24 janvier 2010 - 02:23 .


#1247
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Modifié par Feraele, 25 janvier 2010 - 08:44 .


#1248
Fexelea

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Just a quick copy and paste. This applies to ST&P, however the important part for us is the definition of what is considered misleading by the law in AU:



"...The prohibition applies to every statement made by a soloist in the promotion of their business, such as in printed advertising material and websites, as well as statements made to clients in face-to-face meetings.



It is illegal for businesses to make statements that are wrong, inaccurate, or that are otherwise likely to be misunderstood.



The test for working out whether a statement is misleading or deceptive is to ask whether a reasonable member of your customer base is likely to misunderstand the statement..."



http://www.flyingsol...ve-conduct.html




#1249
CoS Sarah Jinstar

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Feraele wrote...

So..I guess the rest of us are not allowed to offer up opinions..instead this has become a forum for two people and the rest of us should just sit silently and accept verbatim what they offer up..that it? ^^
Because thats exactly what it looks like to me.

Maybe I should get a pen and paper and take dictation here...eh? hehe


Thats a pretty silly thing to say. Having an opinion is one thing, but when it completely contradicts standard business practice for the entire industry you're talking about, expect to be debated on it.

#1250
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Modifié par Feraele, 25 janvier 2010 - 08:42 .