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Can game companies be sued for false advertisement?


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128 réponses à ce sujet

#101
Serza

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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.

 

I happen to agree. The only thing I would change is the TacCam getting stuck on objects.

 

I would remove all "obstacle" for the camera - effectively, the cam would ignore all objects, like in Origins.



#102
SofaJockey

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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.

 

That's pretty much the size of it.

Private demos.

Shaky camera phones, heads in front.



#103
t0mm06

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Ah but that cutting and crafting comes WAY before any sort of public exposure in all those other mediums. If you see a trailer, the films already been made. If you see a piece of theatre (unless it's a workshop) then it's the finished product that has been cut and crafted for anywhere between a few weeks and potentially years. If I saw a trailer for a film and it had 70 foot trolls in it but then in the film there was no mention or showing of these trolls, and the filmmaker gave NO comment or justification for this: people would be ****** off and they'd have every right to be.
If stephen King gave an in depth interview about his upcoming book and said it was going to be about a space mole called Gary, and then the book rolls around, people buy it and there is no mention or showing of a space mole called Gary and is instead about something completely different....but he gave no justification or explanation for this.
People would have questions, and rightly so.
 
But apparently this is ok in video games. 
It's not. 
And you writing it off as "just part of the artistic process" is also wrong and doing yourself an utter disservice.


Actually you'll find a lot of shots which are in movie trailers are actually cut from films, it happens all of the time, or even if not cut entirely then changed and a different version was in the film.

Also the entire point is sort of a choice rather then ethics.
The game wasn't ready a year and a half ago, they work working on things which may not have been included? So it was a choice for bioware. Show content which may not make it into the game (and be very for front at the time that what you are seeing is in no way definatly going to make it into the final cut (which they were), or they could just keep quiet and not show anything until the trailers.

Now I think if you asked any fan a year ago what they would rather, at least 75% would probably say they want to see stuff as soon as possible.
So no I don't think it is an ethically 'bad thing' they did. All they did was open up the creative process to fans. They didn't show the fan the game that they were going to get, they showed the fans the game that they were working on, something which is subject to change. This would have only been unethical if biware never said that it was subject to change
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#104
DameMagpie

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but if you go to a convention and scald yourself on hot coffee maybe you can sue the vendor



#105
Melca36

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I've seen many games that do this. They show an area or action in the game that's nowhere to be seen upon release. So does that mean that those game companies to can be sued?

If so, then thats a lot of game companies...

 

The only legitimate lawsuit is the one with Gearbox. 

 

http://www.polygon.c...olonial-marines



#106
AlanC9

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You brought so much deep facts I'm guessing you are a doctor in game-design, marketing and community management. Impressive. Thanks.


If you can't come up with a rational response to an argument, why post? He's right about point 4, and said the others were debatable.

#107
Maniccc

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Can they be sued?  Yep.  Will you win?  *shrugs*



#108
sch1986

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I would think it would have to be on the grounds of something more solid than "hard" choices. Hard is subjective to everyone. What I consider hard, you might not.

False advertising is more along the lines of: Buy dragon age inquisition- it will cure cancer!

Obviously it won't cure cancer, this is a fact that would be the basis for a false advertisement lawsuit.

And as others have mentioned above, I'm sure EA has made sure to cover their asses by saying images seen may not be on game on any promo videos made. Or Not actual game footage or some similar disclaimer.

#109
errantknight

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We didn't have enough ****** new threads so we had to necro an old one? ;) lol



#110
FragCzar

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Demand a better ending?  Where have I seen that before?



#111
DarkAmaranth1966

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Ah the bane of game developers. We each want it our way and, it's failed, not worth it, bad, broken, etc.. if it isn't. We want EVERYTHING all in one game the second it's released and, don't want to have to pay extra to have any of it.

 

Sure you can sue them just as you could sue a movie studio for not leaving a scene in that was in a trailer but, would you win? No because you are expected to know that those trailers/ advertisements are done pre release and, it is universally understood that pre release content may not appear in the final released version.


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#112
In Exile

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Procedurally it could only work as a class action and actually proving a case would be almost impossible.

#113
keesio74

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You brought so much deep facts I'm guessing you are a doctor in game-design, marketing and community management. Impressive. Thanks.

 

Believe it or not, you basically are accurate with your assumptions (despite the sarcasm)



#114
Elfyoth

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Welcome to the western world lol

#115
LinksOcarina

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Demand a better ending?  Where have I seen that before?

 

All over, as of late. I guess gamers think they can control such things...



#116
NM_Che56

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You mean like this?

http://kotaku.com/la...-adve-486156960



#117
LinksOcarina

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As I said earlier in this old-ass thread, that case has a lot more weight to it because of mislabeling done by Gearbox, who touted the demos as a final product. If you notice all of BioWare's stuff is, again, in that alpha/beta stage of development, which is all code for incomplete and subject to change. 

 

Also added to this is something else people again forget, the lawsuit is also about review embargos with Gearbox. 



#118
NM_Che56

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As I said earlier in this old-ass thread, that case has a lot more weight to it because of mislabeling done by Gearbox, who touted the demos as a final product. If you notice all of BioWare's stuff is, again, in that alpha/beta stage of development, which is all code for incomplete and subject to change. 

 

Also added to this is something else people again forget, the lawsuit is also about review embargos with Gearbox. 

I just saw the OP and responded.



#119
LinksOcarina

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I just saw the OP and responded.

 

Fair enough. Sorry. 


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#120
Rekkampum

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IIRC someone tried to sue them for falsely advertising MAss Effect 3. It did not stick.

 

No they filed a report to the FTC. You'd be surprised at the variance in opinions on it, but it was ultimately decided it wasn't false advertisement because most of the sources used were from interviews, etc. Also that the endings were thematically very different despite their similarity. I still remember the time Spiko announced he was going to do it. That moment will go down in BSN infamy.



#121
TeraBat

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I would like to point out that Origin does have a somewhat generous refund policy.  

 

If the game really is unplayable on your PC, you will hopefully figure that out within 24 hours of launching the game. Then you can return it and get your money back. No lawsuit required. 



#122
Sundance31us

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FYI
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Threatening Legal Action: Any player who feels the need to take legal action with regard to their experiences with BioWare or its games should contact contact@bioware.com directly. We do not allow such discussions to take place on the forums.
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#123
Nefla

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Appropriate time for a lawsuit: Medication promises to treat your nasal allergies but instead gives you cancer.

 

Inappropriate time for a lawsuit: You play a $60 video game and it sucks.


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#124
LinksOcarina

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As if people read site rules!  :P



#125
teks

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You can be sued for anything.
Do you have a case? Helllll no.