Angry PS3 Gamers Sue EA Over Broken Battlefield Promise

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Angry PS3 Gamers Sue EA Over Broken Battlefield Promise


Electronic Arts is being taken to court over its broken promise to give PlayStation 3 owners a free copy of Battlefield 1943 with their purchase of Battlefield 3.

Prior to the launch of already announced [http://www.amazon.com/Battlefield-3-Playstation/dp/B002I0J82G/ref=sr_1_2?ie=UTF8&qid=1321893981&sr=8-2] that Battlefield 3 expansions would be timed exclusives on the PS3, making the "in lieu of" offer meaningless. Instead of a "bait and switch," it was a "bait and screw you."

Surprise, surprise, EA is now facing a class action lawsuit over the whole mess and while at first glance it might look like just spoiled gamers demanding stuff they didn't pay for anyway, there's actually a more serious justification for the suit. The complaint isn't so much that EA changed its mind on the offer, but when and how it did so. Nothing was said until after the game was released and the announcement, when it finally came, was only made on Twitter, meaning that those who didn't follow EA and/or DICE were never informed of the situation. EA's backup offer, which was in fact not a substitute deal at all, is also noted.

In other words, EA "misled and profited from thousands of their customers by making a promise that they could not, and never intended, to keep," according to the suit. A potentially large number of customers based their purchasing decision on a very specific offer which was ultimately rescinded - but not until it was too late for that decision to be undone.

The suit seeks the usual "compensatory relief" and all that sort of thing but the lawyers claim that in practical terms, all they really want is that which was promised in the first place: free copies of Battlefield 1943. We'll see how that works out.

Source: Kotaku [http://kotaku.com/5860729/ea-being-taken-to-court-over-broken-battlefield-promise]


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tk1989

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May 20, 2008
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Makes sense. It is essentially false advertising, which last time I checked is kinda illegal
 

TheRightToArmBears

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Dec 13, 2008
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Oh EA, you so crazy.

Is anyone really surprised to hear EA fucked up in advertising again? The customers are pretty justified, I hope they get what they want.
 

twaddle

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Nov 17, 2009
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EA strikes again. I swear to god they are bloody twits. hell they could have had the game as a download so it would not have cost them much but they had to go ripping ppl off again. way to go EA
 

Xanadu84

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Apr 9, 2008
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I understand why they did it. Complicated business oddities. But end of the day, they did promise a product that they could, but didn't, provide. And there wasn't even a substitute.

Also, does this intersect in any way with the whole, "No class action lawsuits allowed" EULA bit? Actually just to go on a bit of tangent, what would happen if it was Sony doing this?
 

Prof. Monkeypox

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Mar 17, 2010
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While it does seem, at first glance, like standard spoiled entitlement, EA has pulled this kind of shit for too long- and this really is a huge dick move. So, go team!

If nothing else, it might help EA think twice in the future before trying to screw its customers. I hope.
 

TitanAtlas

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Oct 14, 2010
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I like to see EA in the hot seat for once in a while...

For me they are the cancer in videogames... they ruined so many good games, and did so much crap over they ear, that i just want to see them crash and burn.

Not the game developers, but the people behind the brand, the "suits" that prefer shitty quantity for quick profit, then a well-made quality game...

So EA.... i hope you burn!!!

P.s.: I realized EA would never give an older title... for some reason i expected to pull this kind of crap... so i wonder why there are so many that are surprised about this...
 

Desworks

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Nov 18, 2009
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There are many stupid lawsuits about silly little things.

This is not one of them.

Sometimes I wonder if big game publishers have a special department for creating bad PR, because there's no way that they can generate this much by accident.
 

sunburst

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Mar 19, 2010
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Come on EA, we get it already. You're the worst publisher in the industry. I know Activision-Blizzard stole your thunder for a while but you've won. Not even Bobby Kotick's ramblings can usurp your throne anymore. So would you please stop rubbing your awfulness in our faces for a while?
 

CM156_v1legacy

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Mar 23, 2011
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As much as I detest our society that resorts to litigation over small issues... Yeah. I hope they win. Sorry EA, but I've no sympathy for you in this issue.
 

mjc0961

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Nov 30, 2009
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Good. This time, the lawsuit is quite justified, and I hope EA loses.

You see, THQ apparently pulled the same false promise thing with Saints Row The Third, but they corrected that by giving PS3 owners a free copy of the second game instead. Now that's compensation. Lose an exclusive game mode, get a full game (a full game that's bigger and better than Saints Row The Third mind you) free? That's how you apologize for a fuck-up, EA. Not by saying "you get to pay for DLC one week early" which they had already offered anyway.
 

Username Redacted

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Now we just wait until news comes out that the plaintiffs in the class action suit have been banned from EAs forums and had the Origins accounts frozen.
 

wooty

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Aug 1, 2009
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I wasnt even aware they were giving away free copies of 1943 with this game.

Ah well, just another guy looking to waste some time I guess.
 

darthotaku

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first day of college business law class, the professor told us that kind of shit was illegal. makes you wonder if anyone from EA actually went to college.
 
Apr 28, 2008
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Xanadu84 said:
I understand why they did it. Complicated business oddities. But end of the day, they did promise a product that they could, but didn't, provide. And there wasn't even a substitute.

Also, does this intersect in any way with the whole, "No class action lawsuits allowed" EULA bit? Actually just to go on a bit of tangent, what would happen if it was Sony doing this?
That's for Origin, which isn't on the PS3, and PSN, which didn't promised anything. It was all EA, and they're not protected from a class-action in this case.

But if there was no class-action suit allowed, then the customers would have been screwed. Simple as that. If they promised free 1943 on Origin, and you bought BF3 and they didn't deliver, you'd be screwed with now way to get them to hold up their end of the bargain.
 

fenrizz

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Feb 7, 2009
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Prof. Monkeypox said:
While it does seem, at first glance, like standard spoiled entitlement, EA has pulled this kind of shit for too long- and this really is a huge dick move. So, go team!

If nothing else, it might help EA think twice in the future before trying to screw its customers. I hope.
Why does it look like spoiled entitlement at first glance?

Promises were made, then broken after the release of the game.
Seems perfectly legitimate to be upset by that.

OT:
I hope EA lose this one.
You cannot go around advertising such a deal, and then not deliver the product as advertised.
 

Owlslayer

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Nov 26, 2009
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That's a really lame thing to do: promise something, and after you buy it, it's just "Nope, we changed our mind, you won't get it!".
So, yeah. Not cool at all.
 

fenrizz

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Feb 7, 2009
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Irridium said:
Xanadu84 said:
I understand why they did it. Complicated business oddities. But end of the day, they did promise a product that they could, but didn't, provide. And there wasn't even a substitute.

Also, does this intersect in any way with the whole, "No class action lawsuits allowed" EULA bit? Actually just to go on a bit of tangent, what would happen if it was Sony doing this?
That's for Origin, which isn't on the PS3, and PSN, which didn't promised anything. It was all EA, and they're not protected from a class-action in this case.

But if there was no class-action suit allowed, then the customers would have been screwed. Simple as that. If they promised free 1943 on Origin, and you bought BF3 and they didn't deliver, you'd be screwed with now way to get them to hold up their end of the bargain.
I am no expert on law, but does the law even allow EA to deny class action lawsuits?

I doubt it though.

And if it is, then the law must be changed asap.