Ronack said:
So, basically... False advertising? Isn't that against the law in the US of A?
Yes, but the issue is one where you have to ask who will bring the case. We've been down this path before. Take say "Mass Effect 3" for example, when you get past the details of the ending, there is a bottom line where we have tons of solid information and promises saying specifically that is not the kind of ending we'd get, combined with an App showing that behind the scenes they had no intention of keeping those promises. Love it, hate it, or feel the whole situation is overblown... the bottom line is EA/Bioware very clearly and directly lied to people, they promised things they did not deliver on, and were shown to have had no intention of delivering on. I believe there was an attempt to bring this to court, but like most things it fell apart, and I don't think it was ever heard in court, or if it was it probably wasn't represented properly.
See, a big part of the problem is that all of the big lawyers that know enough to fight entertainment companies like this, work for those companies, or at least get paid a small fee to create a "conflict of interests" and prevent them from representing another side. A common tactic for big business, you ensure none of the guys that can seriously hurt you or play the game will ever be able to. Lawyers are in business so they are typically more than happy to take the money. You run into this whenever you want to fight big businesses all the time. For example when I was screwed by my employer, it took an act of congress to even find a lawyer who COULD represent me, and thousands of dollars later he just wasn't able to practically force them to face me off of the Reservation (ie under state/federal law) where I would have won, since he just didn't have the connections and knowhow to work the process. I was badly screwed, and 100% right, but the game was basically loaded against me from the beginning.
The gaming industry also got wise to this a while back, and you might notice they have started writing things into EULAs about people using their products giving up the right to engage in class action suits and/or other coordinated legal action. Meaning you have to pay for your own lawyer and go after them as an individual, as opposed to getting say 5000 angry people together, pooling resources and then being able to potentially finannce and maintain a legal effort against a big business assuming they could find someone with the right expertise to make it possible. How this applies in the case of Gearbox I do not know, but it seems to be an issue, and I remember reading about it (even on The Escapist if I remember) when we first started seeing the trend appear.
That's the problem with big business, the safeguards that exist against them are not practical to use. They haven't done anything illegal by simply making it nearly impossible for you to pursue legal action against them.
At the end of the day any person POed about losing $50 on a video game to the point of wanting to go after a video game company, probably doesn't have any clue of how to contact an expert in the right kind of law, never mind find a lawyer who is enough of an expert to pursue a case like this the right way, from the right angles, with the right precedents to have a chance. Assuming he could find someone, how the hell does he pay that person in what is liable to be a long case? When a business has tons of money, and you operate out of pocket, a common strategy is just to engage in delaying tactics to draw things out and render you unable to sustain your own lawyer/legal team. Then of course by drawing out the process they run up their own legal bills, which in of themselves become a deterrant because then the guy gets stuck with them if they lose. At this level the guy could be gambling his entire future livelyhood on the fact that someone lied to him and cost him a personal stake of like $50.
This isn't exactly expertly written, but it's a general breakdown of why it being illegal doesn't matter. Breaking the law doesn't much matter if you can't afford justice. In theory you could convince the state to pursue it as a criminal matter, but at the end of the day the state probably isn't going to want to use it's resources over something as trivial as a video game producer, they are liable to suggest the civil court system to you anyway. The state can choose when and when not to pursue charges.... which is also incidently why so many businesses pursue govermental contacts and finance politicians. It's high corruption, but if the governor or DA owes you a favor, it doesn't much matter if your wrong or not if the state just chooses not to pursue the case and decides to never accept there being enough evidence even when there is. Sure that's high corruption, and can ruin careers, but only if you can prove that's going on and of course find someone who cares enough about corruption over a business issue to care. If it's something like a video game, the odds of some CNN reporter or whatever with the juice to pull this off deciding to champion your corruption story are slim, because at the end of the day you personally only got screwed out of $50 no matter how big the issue was overall.
I'll also say it's not just an American issue, at the end of the day pretty much every major nation's legal system is corrupt in the same basic ways. It's why the crusading lawyers and cops and such are so popular in the civilized world as fantasy characters... it's escapism from how screwed up the system really tends to be. It's nice to see a fantasy story where the evil corperations take a beating at the hands of some lawyer that (lulz) doesn't care about money, or some DA who (lulz) doesn't care about his political career. UK Crime Dramas, Japan's "Pheonix Wright" games... all kind of tap into the same frustration on some level I think.
At any rate I'm rambling the point is that while it sucks, chances are this is illegal in pretty much every civilized nation they sold it in, but at the same time it's unlikely it could ever be pursued in any of those nations in a practical sense. All of which is why I talk about the fantasy of gamers standing up to the companies by you know, costing them money, and just not buying their products, while ramping up the toxic behavior and letting no supporting voice go unopposed. That's crazy fantasy, but the sad thing is that rallying gamers (which is like herding cats) is more plausible than you know... having the problem handled legally because they did something like fraud... heck the legal system is so messed up that there are probably arguements that could be made now that despite lying and trying to pass off their game as something other than it was, it wasn't actually fraud, and that somehow it was all legitimate to screw people... because the legal system is just that far gone when it comes to this kind of thing.