Anyone who goes out of their way to screw a publisher/developer out of $60 to save $5 deserves to pay more.
That's not the point, the point is that sometimes shit happens. Maybe I have exams that week or a heavy load at work, and don't have the time to drive out to the mall. But at the same time, they keep releasing content nowadays that can only be acquired through a GameStop preorder. Which means once the game drops, you can no longer acquire it by other means. I doubt GameStop is really interested in anything like that, beyond the step-one 'How can we get customers to give us their money' reasoning.HG131 said:Well, you are one of few gamers. Most of us are nerds who actually enjoy getting a game at midnight.TPiddy said:Because I have better things to do than wait in line at midnight for a video game. In this particular case I was out of town, called them beforehand to tell them I was going out of town, and they agreed to hold my copy for a week, then they sold it. They're assholes. And it wasn't like I put $10 down, I paid for the whole game... $90. And they still sold it. And lost a good customer in the process.HG131 said:What made you take 48 hours? I get them at midnight. I mean, you had 2 days. Why not go get it? They are open till 9 PM.TPiddy said: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.
They're within their rights to sell it, but why tell me over the phone that you will hold it and then sell it anyways. There's a little thing called customer service and they are sorely lacking in that department.
As far as the pre-order bonuses go, I don't fully understand what your problem with it is. It's a promotional item. Much like when Blizzard releases special pet codes you can only get by attending Blizzcon, or buying the Special Edition of Lich King, or participating in some one time event. Once those things are over, the item is no longer available for purchase. The same thing goes for things like promotional cups at 7-11 or McDonalds. All sorts of businesses offer special, limited time promotional offers to entice you to buy something. The pre-order bonus is to encourage you to pre-order a game, which is a guaranteed sale in their book. Granted, selling it out from under you was wrong, but the idea behind the pre-order bonus is sound.mechanixis said:That's not the point, the point is that sometimes shit happens. Maybe I have exams that week or a heavy load at work, and don't have the time to drive out to the mall. But at the same time, they keep releasing content nowadays that can only be acquired through a GameStop preorder. Which means once the game drops, you can no longer acquire it by other means. I doubt GameStop is really interested in anything like that, beyond the step-one 'How can we get customers to give us their money' reasoning.
So far the only real defense of GameStop I'm hearing from you isn't that they provide you with optimal service or deals, but that it's simply familiar to you.
You missed my point. You should be saying as good as ebay prices WERE. Now ebay prices are closer to gamestop prices now where they used to be very cheap.AzrealMaximillion said:The pricing is only high because publishers keep rising the prices of games. Activision raising the prices of MW:2 in the U.K. up 5 quid to see if it would sell just as well is a prime example of this. And as good as ebay prices are they still get you with shipping and handling on top of taxes. And it's only first party titles and games that sell really well that have a high "used price". A lot of the publishers still have control over "used prices" as well. This is why Heavenly Sword has been $40 used since it's launch. Lair is still $60 used (I live in Canada so all games come here $10 more than the US.) You'd be a fool to believe that publishers don't have at least some "used prices".GonzoGamer said:It may be the norm now but before gamestop started being more predatory retailers, used games used to be sold for reasonable prices all over the place.HG131 said:How? $60 is the norm. So, where is the price gouging? In fact $60 is fair. Would I like it cheap? Yes, just as I would like restoring a 50s Jeep to be cheap. Will either one ever be? No.GonzoGamer said:Why doesn't he just sue them for being irritating, price gouging, pricks: He's got a case there.
Now a lot of the other sellers have hiked their prices up to their ludicrous prices. However, you can still sometimes find good prices on amazon or ebay.
The fact is that they made the used game market so that it's not only bad for publishers but its also bad for consumers.
No, it's not EA. Actually, it's Gamestop's responsibility for whatever they resell. If you buy a whole PC at a Pawn Shop and it's missing the HDD, do you blame HP for it or do you blame the reseller who sold you the used product? You blame the Pawn Shop (well, blame yourself for buying a used PC and not turning it on at the store 1st to see if it works). But, you see the point, right?squid5580 said:It wasn't unforseen. That is why they put in the *. Shouldn't the lawsuit be directed at EA though? It wasn't GS who packaged it. The end result would be the same sure but he might have a chance at some free swag. If EA wasn't bitter about him buying used.
It is stupidity like this that gives "gamers" a bad name.
Very unlikely to get thrown out. For a suit to be thrown out, it must be demonstrated to be without merit. While this can be considered pointless and stupid, it is not without merit.TheGuy(wantstobe) said:If this case doesnt get thrown out I would be surprised but considering the bad publicity this may get for GS in some media I could see them settling out of court and adding *DLC not available in box for used games* onto the bottom of the stickers they slap on insulating them against any further suits on the grounds of false advertising regarding Day 1 DLC plans such as project $10.
Considering the litigiuos nature so often heard of about the states though I am surprised this didnt happen sooner.
the 'Reasonable Person' fiction is used to identify criminal negligence in parts of complex care or interaction between peoples and would have no say on this as it is mearly a question of common sense and comprehension.sweatm said:Asterisk protects EA. There is possibility it could fail to protect Gamestop in this case. It comes down to the "reasonable person" standard in law.Onyx Oblivion said:No case.
This'll get thrown out. Asterisk power!
*************
For the "reasonable person" standard to apply here, it could be argued that:
* Gamestop sells both versions of the game and is aware of the differences
* Gamestop list comparison prices of new to used games, showing a $5 difference in price, knowing that the used game does not contain $10 of content included in the used game
* Gamestop sells opened games as new, so it can be confirmed to be aware of the coupon in the game
* Gamestop refused to refund the said game when the disparity of content was discovered.
It could be argued that a reasonable person buying a used game from Gamestop could make a reasonable assumption that the used game was identical to the new game in terms of content. By knowingly comparing the $54.99 version with the $59.99 version, it can be argued that Gamestop knowingly deceived its customers.
The kicker here (I'm making assumptions based on my local Gamestop) is the sticker on the used game that lists its comparison new game price. I have never seen any Gamestop indication on the box that a coupon is not provided.
Is this idiotic? Absolutley. Does this guy have a chance in court? Quite possibly.
Is it a conga line? Because those are always hilarious. [http://www.youtube.com/watch?v=ZOMZGUpsjJE]Andy Chalk said:Did you see all the free shit that came with Mass Effect 2? If EA wants to dump a bunch of free stuff on me for buying new, you better believe I'll get in that line.