Depends on whether you can afford a better lawyer than EA. Technically speaking that will be near impossible.
Can game companies be sued for false advertisement?
#76
Posté 02 décembre 2014 - 01:53
#77
Posté 02 décembre 2014 - 02:15
They can, but whether or not they'll win depends entirely upon the skill of the lawyer and just how much was hidden. Personally, what Gearbox did with Aliens: Colonial Marines, where they apparently actively funneled money given to them for that project alone into other titles makes for a much better case than 'they had to cut this feature, therefore I'm mad at them'. That, and the demo for Colonial Marines was almost night and day compared to the final release. Generally, in order to win one of those suits someone has to screw the pooch in such a huge way that it's impossible to deny they failed to keep their promises. Even sending suit against Ubisoft for Unity would make more sense than trying to go after Bioware at this point.
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#78
Posté 12 janvier 2015 - 01:35
Yes they can and yes they should be sued. The statement that Dragon Age Inquisition is made by PC players for PC players is a blatant lie. The keyboard and mouse control proves that fact.
It's a ported console game that has a hard time running on a PC. The fact that the game is virtually unplayable, going on two months, after release is a disgrace and a scandal.
Shame on you Bioware!
#79
Posté 12 janvier 2015 - 01:52
Yes they can and yes they should be sued. The statement that Dragon Age Inquisition is made by PC players for PC players is a blatant lie. The keyboard and mouse control proves that fact.
It's a ported console game that has a hard time running on a PC. The fact that the game is virtually unplayable, going on two months, after release is a disgrace and a scandal.
Shame on you Bioware!
Have fun proving that in a court of law. Those terms you're using are quite amorphous. Not to mention that some people have no issues playing it on PC, so the allegation that it's unplayable sort of falls apart.
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#80
Posté 12 janvier 2015 - 02:02
The reality is....
1) Development footage is NOT advertisements. Find me where actual advertisements of the game. All that stuff they show at expos is NOT considered advertising. They are demoing a product in development. Its no different than say the Detroit Auto Show where they show you cars with FAR more features than the base model will have at the time of purchase.
2) It would also be extremely difficult to sue based solely on your WANT of the game. Did you attempt to return the game? You can't sue someone because the product isn't exactly how you wanted it. If the company is willing to accept the returned product license, which I believe EA does, within a given reasonable time frame, then that is the legal expectation for you to do so. You can't keep the game saying you WANT to play it, then attempt to sue them for it not being better.
Does anyone truly believe they were misled into purchasing the game based on actual OFFICIAL claims of what the game had and then denied any attempt at getting a refund? Those are the types of things you would have to demonstrate.
Not saying those criteria don't exist for some people, but for the VAST majority (99.9%) of people out there, your suit would be thrown out. Besides, the most you are going to get out of the suit is the refund price of the game and maybe a few legal fees.
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#81
Posté 12 janvier 2015 - 02:04
Hitboxes too small? Better call Saul.
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#82
Posté 12 janvier 2015 - 02:06
Yes they can. I don't believe Inquisition falls in that category though.
#83
Posté 12 janvier 2015 - 03:31
If anybody starts a class action, count me in!
#84
Posté 12 janvier 2015 - 03:42
The only time you'll ever going to be able to win cases such as this are blatant instances like the Colonial Marines incident where the advertised product was really nothing like the actual game, vertical slicing of graphics and all. And even then, you would need a very solid lawyer team.
''This feature didn't make it out of an alpha build!'' and ''They didn't provide full context to an in-game sequence that's otherwise identitcal!!'' is not even close to the required offense. Any judge that still has two braincells to rub together will probably dismiss the case as frivolous.
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#85
Posté 12 janvier 2015 - 04:24
you would need a very solid lawyer team.
This so much. Say you have a case with Inquisition and the false advertising, good freaking luck pursuing said cause unless you got millions to burn. By the time the case is over you will be several million dollars poorer and the laughing stock of pretty much everyone, while EA while be rolling in more money and sucking blood out of a new company.
#86
Posté 12 janvier 2015 - 04:42
The fact that the game is virtually unplayable
lol what
#87
Posté 12 janvier 2015 - 05:10
You signed the terms and agreement, which took about 20minutes to get through once scrolling down. Because you had to scroll down before clicking on accept.
Denying them of all conceivable flaw. To the point your game copy its creations aren't even yours, you have only borrowed them.
I wish Microsoft would sue them for making unplayable crap ripping off their console users. When this game doesn't work, functioning as intended in its current released state, and we are all still waiting months to get this game playable.
But then with Microsoft it is not like you even own your Xbox anyway, after reading their terms and conditions.
MUHAHAHA screw you gamer you have bought ******
#88
Posté 12 janvier 2015 - 05:16
Hang on, Is this thread still running?
Is anyone really entertaining the notion than anyone is actually owed legal redress
outside of any recompense they may seek with a game reseller in line with that reseller's terms & conditions?
Truly, go and get a life people.
This is surely the dumbest thread on BSN, and it's got some stiff competition...
- daveliam aime ceci
#89
Posté 12 janvier 2015 - 05:30
Advertising in it self is a sham, so why even the want for sueing!
It is the individual whom wants to get hyped up and not be responsible for it. The more individuals partake, the more power the group interaction has and it becomes a self forfilling profecy that shatters by reality.
Corporations know and use all this and goverments endorse it in laws to accomodate. The most creative artists works in advertissement and not in real artwortk.
#90
Posté 12 janvier 2015 - 05:36
That is not quite the case.
I expect any company that makes a game to get it right to begin with. Where their games can unlock 100% progression, deeming them playable, by any known standards of play.
Not denying the fact my creation, was indeed a server copy, which can be botched at any given time therefore making my creations pointless
This is not the re-sellers fault, for selling me a faulty copy, which I can therefore exchange by standards of practice
Xbox is no better, how funny was the first person being banned their profiles removed for making a slur, or the case of some flash chipper whom had all their gear seized by Mircosoft. Or Live deciding all progression must now incoporate all DLC packs so although you have unlocked completion at the time of play, a month later you have not.
Alas what can you do, you never owned anything...
#91
Posté 12 janvier 2015 - 05:37
Before I say anything else I want to say this game is a 9/10. But lets do a hypothetical situation. Lets say for example a company advertises part of the game at a special event and the tell you that you need to make hard choices. For example if you let this village burn down you will never be able to do quests at that village again. And then that isn't in the game. Is that illegal? I know you cant say. Hey Listerine is so good you don't need to use dental floss because Listerine got sued for that!!!! Is it the same thing? Also im not saying I want to sue bioware just curious if it is possible because I would personally love to see a class action lawsuit against EA or any other gaming company for this crap. The do it all the time and then I play the game for that very reason and its not their
. What? I bought Diablo for the PVP you let me play at Blizzcon blizzard. It was so much fun, and then you went and didn't release PVP for over a whole year. I want to sue you............
To answer your question, Nutella was sued (last year?) for advertising that their product was good for healthy breakfast (until the mother noticed that her kids gained weight) and she won.
So you can do many things with money, motivation and a lawyer even alone. ![]()
None of that was part of the advertising or marketing of the game
Neither BioWare nor EA are responsible for your assumptions and desires
Come again ?
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#92
Posté 12 janvier 2015 - 05:57
#93
Posté 12 janvier 2015 - 06:28
DAI was clearly falsely advertised.
1 - Back to Origins
2 - PC lead platform
3 - Old tactical camera back
4 - Listening to the community
1,2,3 are debatable.
I disagree with 4. The biggest complaint about DA2 was that the environment was too small/dull/limited/recycled. You absolutely cannot say that about DA:I. It is clear they heard and tried to address this by making a game that is huge environment wise. Whether that size was effectively used is another argument but they certainly listened to the community on that issue.
#94
Posté 12 janvier 2015 - 06:35
1,2,3 are debatable.
I disagree with 4. The biggest complaint about DA2 was that the environment was too small/dull/limited/recycled. You absolutely cannot say that about DA:I. It is clear they heard and tried to address this by making a game that is huge environment wise. Whether that size was effectively used is another argument but they certainly listened to the community on that issue.
You brought so much deep facts I'm guessing you are a doctor in game-design, marketing and community management. Impressive. Thanks.
#95
Posté 12 janvier 2015 - 07:14
Late to the thread, but...
Is this the Crestwood keep thing?
I thought that demo was actually a leak, never intended for public in the first place.
#96
Posté 12 janvier 2015 - 07:26
Late to the thread, but...
Is this the Crestwood keep thing?
I thought that demo was actually a leak, never intended for public in the first place.
That's what I have heard. Sounds like what a previous poster said: The pre-alpha/alpha Crestwood demo was more like a concept car at a car show than an actual TV add with a real car. If the Crestwood demo was in fact leaked it's more like a concept rocket car being shown to a couple guys in a private garage and some dude leaked a personal video of it online and car enthusiasts decided everything featured was slotted for next years production release.
- Serza aime ceci
#97
Posté 12 janvier 2015 - 07:31
If so, then thats a lot of game companies...
#98
Posté 12 janvier 2015 - 07:32
Almost impossible as the corporates use like 20 men teams to cover their butts. Those days they show videos with all epic stuff and with a pre-alpha slapped in one corner, that is the advertising shield.
and the deluxe video thing, well it is on PC so they are shielded.
#99
Posté 12 janvier 2015 - 07:43
Murica
#100
Posté 12 janvier 2015 - 08:27
Late to the thread, but...
Is this the Crestwood keep thing?
I thought that demo was actually a leak, never intended for public in the first place.
Yes, the video was taken with a smartphone camera, as I recall.
Now people are going on about the "Made for PC gamers, by PC gamers" thing. Which wouldn't have a leg to stand on, either.
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