GameStop Sued Over "Deceptive" Used Game Sales

[asinann]

He's in the wrong but...

I hope he wins.

Honestly, this case should never have been allowed to get this far. Gamestop isn't responsible for packaging that the manufacturer supplies. If the judge had a clue about the video game industry the case would already have been thrown out. This guy is just trying to make a quick buck and thinks that somehow he can get it this way. Gamestop can't settle out of court on this either, but I'm sure they WILL counter-sue for legal fees when this frivolous lawsuit is finally thrown out.

 

[Coldman42]

They pay the developer. It's fine by me. I get extra stuff and they get their money. It's fine by me.

So it's fine by you then?

hehe, i kid.

 

[dragontiers]

It wasn't unforseen. That is why they put in the *.

But I don't think anyone at EA or GameStop expected that GameStop would be sued over what is essentially an EA initiative. An uproar was almost certain, but a lawsuit against retailers? That seems kinda left-fieldish to me.

I don't know much about the laws but isn't there some kind of assessment inbetween filing and actual court so the courts don't get bogged down with frivilous lawsuits? It will be interesting to see how this pans out. I hope he doesn't give up like the disbled guy lol.

Well, the first layer of assessment should really be done by the attorney, who should have looked at the case, said "Hey, did you bother reading the box? You have no case." and refused to take him on as a client. The next layer comes when it is presented before the judge for the initial hearing. I don't know a lot of legalese, but there is usually a hearing in front of a judge before the case actually goes to "court" where the defense lawyers can try to get the case thrown out, and failing that, the date and time for the actual court case gets decided. This is usually when cases like this get thrown out. If it doesn't get thrown out, big companies will usually try to settle with the plaintiff before it actually goes to court, even if they are in the right, in an attempt to save the time and money that would be used on the legal case, and to try and save face in public. Going to court can drive stock prices down and cause shareholders to get upset. Personally, if it gets that far though, I hope GameStop sticks to their guns and doesn't settle.

 

[TPiddy]

This guy hasn't a leg to stand on. It says right there on the box. Just like I didn't have a leg to stand on when Gamestop sold my pre-order because I didn't pick it up within 48 hours. It says so on my receipt.

It doesn't mean that Gamestop aren't complete DICKS for doing so, but it does mean that legally, in this case, as in mine, it's buyer beware. At least I got my deposit back, and went and bought the game at a retailer who's not a total douche.

 

[Shapoolaman]

Surely there's no case here?It says on the packaging that the free DLC is only for new purchases so how can this possibly be Gamestop's fault?Cheapskate should have just forked out the extra $5 and bought it new

The weird thing is that it isn't cheap to hire a lawyer or bring a case to court. This guy was really determined to make a quick buck, just like the person who sued McDonalds over hot coffee. Its ridiculous. This world is insane.

Why, oh why, do people always bring up Stella Leinbeck? She had solid grounds for her case. For more information, here's a link: http://www.caoc.com/CA/index.cfm?event=showPage&pg=facts

Why do we bring her up? Because she was in idiot! I read your link and still stand by my verdict. Its hot coffee, I don't care what temperature it's served at, it will burn. Don't be stupid, don't be clumsy, and don't bring it to court. Deal with it and get some aloe lotion!

 

[StarofAzura]

Annnnnnnd it seems there are now eight-foot holes in the titanium logic bucket. Honestly, doesn't anyone use their heads anymore?

A one-time use game code for *free things* in a *used game* is, obviously, going to be used. No one is going to buy Dragon Age, open it up, and say "No thank you, Bioware, I would not like free armor and an extra companion. That is just silly."

*facepalm*

 

[Alex The Rat]

I REALLY hope he gets hit by a car and we can all have a good laugh about this. I so HATE this American culture of litigation for shit reasons.

 

[squid5580]

It wasn't unforseen. That is why they put in the *.

But I don't think anyone at EA or GameStop expected that GameStop would be sued over what is essentially an EA initiative. An uproar was almost certain, but a lawsuit against retailers? That seems kinda left-fieldish to me.

I don't know much about the laws but isn't there some kind of assessment inbetween filing and actual court so the courts don't get bogged down with frivilous lawsuits? It will be interesting to see how this pans out. I hope he doesn't give up like the disbled guy lol.

Well, the first layer of assessment should really be done by the attorney, who should have looked at the case, said "Hey, did you bother reading the box? You have no case." and refused to take him on as a client. The next layer comes when it is presented before the judge for the initial hearing. I don't know a lot of legalese, but there is usually a hearing in front of a judge before the case actually goes to "court" where the defense lawyers can try to get the case thrown out, and failing that, the date and time for the actual court case gets decided. This is usually when cases like this get thrown out. If it doesn't get thrown out, big companies will usually try to settle with the plaintiff before it actually goes to court, even if they are in the right, in an attempt to save the time and money that would be used on the legal case, and to try and save face in public. Going to court can drive stock prices down and cause shareholders to get upset. Personally, if it gets that far though, I hope GameStop sticks to their guns and doesn't settle.

So do I. Although it does worry me a bit that the lawyers will be looking for the publicity more than the actual legal part of the matter.

 

[HentMas]

How has this dude not heard of Project 10 dollar? It's been all over the net.

my guess?? he knew about it and bought it anywhay in hopes to a really high pay, dicklish move

i would do that...

 

[dragontiers]

Personally i hope he takes GS for a lot of money. I greatly dislike that store. Seriously, why do they get to have games with extra content that you can only get by going to their store to buy the game? How does that make sense to anyone?

And also the nearest GS is about 150 miles away from me...

It makes as much sense as the fact that Walmart (or insert favorite "evil" franchise here) can sell items for less than your "friendly local (insert store type here) store" can even purchase the item for. They are a bigger company and can make deals with the publisher/distributor because they will buy millions of copies of the product while most stores will only purchase maybe a dozen.

 

[Lemon Of Life]

How stupid. That guy is just greedy. So is Gamestop. They should offer him a job, as he'd fit right in.

 

[dragontiers]

It wasn't unforseen. That is why they put in the *.

But I don't think anyone at EA or GameStop expected that GameStop would be sued over what is essentially an EA initiative. An uproar was almost certain, but a lawsuit against retailers? That seems kinda left-fieldish to me.

I don't know much about the laws but isn't there some kind of assessment inbetween filing and actual court so the courts don't get bogged down with frivilous lawsuits? It will be interesting to see how this pans out. I hope he doesn't give up like the disbled guy lol.

Well, the first layer of assessment should really be done by the attorney, who should have looked at the case, said "Hey, did you bother reading the box? You have no case." and refused to take him on as a client. The next layer comes when it is presented before the judge for the initial hearing. I don't know a lot of legalese, but there is usually a hearing in front of a judge before the case actually goes to "court" where the defense lawyers can try to get the case thrown out, and failing that, the date and time for the actual court case gets decided. This is usually when cases like this get thrown out. If it doesn't get thrown out, big companies will usually try to settle with the plaintiff before it actually goes to court, even if they are in the right, in an attempt to save the time and money that would be used on the legal case, and to try and save face in public. Going to court can drive stock prices down and cause shareholders to get upset. Personally, if it gets that far though, I hope GameStop sticks to their guns and doesn't settle.

The attorney took him on for the cash.

While I'm sure that is the reason for it, a lawyer who wants a good reputation as a case winner would laugh him out of his office. A lawyer who only wants his $X00 dollars an hour and doesn't care about his client/respectability/the law would jump on a case like this. But that's just my opinion.

 

[GonzoGamer]

Why doesn't he just sue them for being irritating, price gouging, pricks: He's got a case there.

 

[mechanixis]

As GameStop is essentially a company built entirely around highway robbery and deception, I support anything that hurts them financially, though I'll admit this isn't a valid lawsuit. The dude simply misread the box. The extra $10 is like a 'negligence tax'.

Though it is a lot more brutal with Dragon Age than with the Cerberus Network; Shale is not $15 worth of content.

Personally, I borrowed it from a friend and then spent $5 on eBay for someone's Stone Prisoner code.