RvLeshrac said:
Uh, it would be legally actionable for Gamestop, or any other retailer, to simply keep someone's money without providing the product when delivered, though not quite outright illegal.
So why do Gamestop, BBY, et al. still have these preorders? Why in the hell haven't they refunded all the money?
As I understand it, a pre-order is something of a down payment with limited value. It basically secures you a copy, typically within a given time frame, from release of the game to some point there-after. Even then, you need to pay off the balance of the game; as an example, if it's a game worth 40$, and you paid 5$ to pre-order, you'd need your receipt and 35$ to make good on the pre-order. Technically speaking, it's a safety for the retailer; by obtaining a down payment, they can at least offset the inevitable outcome of gamers pre-ordering and never picking the game up.
Now, I would agree; the cancelation of a game means there IS nothing to put money down on, and from a moral and (possibly) legal standpoint, the money ought to be refunded. The issue here is, until VERY recently and not even then for real, the game was never canceled. Now, assume you pre-ordered it in 1999. Would you even remember where your receipt was in order to bring it to task? And by the time you DID find it, if you still had it, Gearbox might have announced it was releasing the game... thus returning the pre-order to its original status.
OT, if Gearbox pulls this off, I would say they're amongst the good guys in the industry, bar none. Class move.