Unless provoked.

I thought this was amusing more than anything...

Deleted post as I couldn't be bothered to labour the point.

_________________
Steve
Corporal in 69th Regt. 1st Batt. Homer’s Heroes.

"I'd like to die at the age of 80 in my own bed, with a belly full of wine and a girl's mouth around my c**k."

The problem with this is, it could backfire badly.

A successful suit could mean no developer showing any footage of an unfinished game as dumbasses will be scouring the footage for anything not in the final product so they can leap on the "Gimme $$$" bandwagon.

I think that the goal of compensating anyone who bought on release day is impossible. How about those who bought it a day later? What about people who traded in?


Personally, I think people should let it go. Gearbox's reputation is already in the crapper, and I don't think they'll ever recover. They could produce the best game ever, but it won't sell well as no-one will believe them.

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Weyland Yutani Corp. Bio-Weapons Division - "Superior Weapons through Superior Genetics"

I agree it could backfire. It could also set a precedent which would ensure video game companies don't decieve buyers with false advertising too. Interesting to see how it plays out, especially from a legal perspective. I would be very interested in the process and see if it creates any case law.

I'm surprised it's come to a lawsuit.
Surely demos and trade shows presentations state that final product may vary.

Isn't that advertising 101 when it comes to demos?

I'll be intrigued how far this goes.

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i think this is to damn funny. some one gets butt hurt cuz the game was not what they wanted.they also were shown stuff not in the game, how many times has that happened, i remember Halo 2 showing alot of stuff that was never in the first levels. and what about movie trailers they shot parts of the film that are cut and never make it in, or make the movie look like something its not I.E. i saw the trailer for Dragon Wars back in 2007 so me and the wife went to see it thinking it would be a huge dragon war which it turned out to be nothing like the trailer made it look like.

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SGT Chris Kraemer "BIRD"
S/N: A07/TQ0.0.82154G1 Sgt Kraemer

Just because everyone does it doesn't make it right you know.

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Pain is simply weakness leaving the body.

STFU and let Gearbox get on with making Borderlands 3.
Swear to christ, if they fold and never make it, I'mma go all Tiny Tina and badonkadonk yo' asses, you that joined in the suing!

_________________
MSgt, UKCM 42nd Reg., 1st Batt. : Hadrian's Wall. UKCM

Wasteland Workshop
Props, cosplay pieces, upcycled ornamentation, and miscellanea;
For the discerning survivor of the apocalypse.
Steve Fletcher : Maker, Scavenger, and Junksmith.
linktr.ee/wastelandworkshop

not saying its right or wrong. just saying that peopel need to grow up and stop bitching if something is not what they wanted. if you dont like it then dont buy it simple as that.

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SGT Chris Kraemer "BIRD"
S/N: A07/TQ0.0.82154G1 Sgt Kraemer

Folk have a right to complain about final product not being as advertised - But there's a point when it does become tiresome and counter-productive.
Suing Gearbox isn't gonna help matters - Not buying their next game, on the other hand, will.

But if it's awesome, I guarantee that even the most vociferous haters of A:CM will buy it.
Can't see many refusing to do so just to make a point.

_________________
MSgt, UKCM 42nd Reg., 1st Batt. : Hadrian's Wall. UKCM

Wasteland Workshop
Props, cosplay pieces, upcycled ornamentation, and miscellanea;
For the discerning survivor of the apocalypse.
Steve Fletcher : Maker, Scavenger, and Junksmith.
linktr.ee/wastelandworkshop

Go Scapey, go Scapey Yeah.

for sure, i just get tired of the crying over the game. its been 3 months since it came out and there has been a few games that have been bad since then. but i still like Gearbox as i have just started playing BL and i like it alot.

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SGT Chris Kraemer "BIRD"
S/N: A07/TQ0.0.82154G1 Sgt Kraemer

It's totally crunk.

_________________
MSgt, UKCM 42nd Reg., 1st Batt. : Hadrian's Wall. UKCM

Wasteland Workshop
Props, cosplay pieces, upcycled ornamentation, and miscellanea;
For the discerning survivor of the apocalypse.
Steve Fletcher : Maker, Scavenger, and Junksmith.
linktr.ee/wastelandworkshop

Problem with that is you have to Buy it to find out you don't like it UNLESS you take the "actual gameplay" promo material as gospel!

Just Sayin'!

Oh and for the record I like the game!

_________________
Cheers

Winch

"Yea though I walk through the valley of the shadow I shall fear no evil for thou art with me. And together we'll kick ANY bugs ASS!"
You know who you are!

I do as well.

I can't see the suit doing much in the end. Did anybody sue because
the last Duke Nukem game sucked? How about the Tomb Raider games
prior to the most recent one? Ghost Recon Future Soldier (I still like this
one despite the glitches)? The Aliens RTS? *Shudder*

_________________
"A writer needs a pen, a painter a brush, and a filmmaker an army." - Orson Wells.

http://www.rookscastle.com
http://www.alchemyarms.com

All I can see is if it wins, it opening the floodgates.

FFS if they win, what does it do? Maybe shut down Gearbox if they have to pay compensation and go into receivership.

That happens, this guy will have Borderlands players turning up at his door bearing pitchforks and torches. Homeworld will never happen.

And, where does it stop? Does someone sue Lucas as pulling the Star Destroyer down in Force Unleashed isn't as easy as the trailer showed it? Hey EA, the portion of Dead Space 3 you used in the demo isn't exactly the same as the game, you lied to me!

I know this isn't exactly the same as the A:CM situation, but if the suit succeeds people out there will treat it the same.

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Weyland Yutani Corp. Bio-Weapons Division - "Superior Weapons through Superior Genetics"

As that article does not state the amount asked by this Damian chap, why do you assume Gearbox will go bankrupt?
Company have insurance for this type of thing.

If they put a disclaimer on ANY footage of the game prior to whenever the guy said he saw the footage; if he can't proove he didn't see that footage containing the disclaimer, he's lost his case. He'd have to base his case purely on footage without a disclaimer.

To me, there's too many people that need to be involved AND have proof of being wrongfully misled to make a strong case.

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AKA: Simon

Not that I really care either way, but I remember watching the videos put out by Gearbox prior to release. They had, in rather large letters, THIS IS ACTUAL GAMEPLAY and then showed the video. I don't have a problem with the demos that are better than the game, if they say they are demos. The footage Gearbox put out was a total ripoff, especially to Xbox players. I enjoyed A:CM, but it is definitely NOT what I thought I was buying based on the info the company gave me. Given the fact that a lot of the videos were pulled and Gearbox execs changed what they were saying kinda puts me off.

Charlie

_________________
"There is a clause in the contract which specifically states any systematized transmission indicating a possible intelligent origin must be investigated. On penalty of total forfeiture of shares. No money."

Actually, what happens if the guy loses?

Be a bummer if he has to pay his own and Gearbox's legal fees over a $60 game!

The danger to him is the people the lawyers have to convince may not be gamers, and literally be unable to tell the difference. Hell, I know some people you could show Star Wars Battlefront and A:CM to who couldn't tell them apart!

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Weyland Yutani Corp. Bio-Weapons Division - "Superior Weapons through Superior Genetics"

All I see is this causing a spell in between Alien games if any are more are even released. I liked the game. I have discussed this with several. There were enough "nods" that I enjoyed playing it. I did not play the demo but I have been playing games long enough to know that any footage shown other than that played on a stock console or computer is fluff no matter what they say. I bought a SEGA 32X on the promise of it being arcade level. I got burnt, learned, and moved on. It is like the trailer to a movie. Look at what they did for the Walking Dead game and it was a piece of crap. Should they have put up a disclaimer and market it differently, yes. But this is going to turn into the same as the person bitching about their coffee burning them and there being no warning on the cup. Underperforming video games have been a part of life since Pong. Anyone who pours that kind of money into a product is going to promote it as the best thing since sliced bread. I work for an auto maker and get customer satisfaction surveys weekly. Some are very helpful but some are just funny. The latest is a person complaining about the warning on the passenger side mirror. Because it states that "OBJECTS ARE CLOSER THAN THEY APPEAR" they feel it is setting them up for an accident and they do not feel safe. They mention that they are even debating legal action. I have the opinion if you do not like it, trade the game. Yes the person got burnt but bitching is not going to help. Rent the game next time. Some people feel that they are always entitled to something. That is my opinion.

Thanks!

Greg

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CPL A08/TQ0.0.12146E1
Newell, Greg A aka Gman
Illinois - USA
UKCM
Shoot first, think never.
Good? Bad? I'm the guy with the gun.
SMMFD
The greatest trick the devil ever pulled was convincing the world he doesn't exist.

Didn't Mass Effect 3 go down this route already?
I understand Casey Hudson and Mac Walters sucessfully convinced the Advertising Standards Agency that their product (mainly the ending bit) sufficiently matched what they'd advertised it would be.
I'm sure they're not the first game to have such actions tried against them.

Anyway, even if Gearbox are found guilty of False Advertising or Misleading Advertising, that's only something like a £5k fine.
They'll just 'hold their hands up', say sorry and carry on with business, just like any other company that gets caught out.
This'll all blow over and they'll be churning stuff out, so long as the industry presents opportunities, but that's another matter.

Yeah I don't think this would make or break Gearbox or Sega financially if they were to lose. Possible good to come of all of this? Devs market their games based on actual game play and stand by their end products a bit more. The bad? Nothing...status quo stays the same and it's business as usual.

_________________

In what way was the gameplay different in the Xbox version?

All versions of the game and the demonstration had Marines in Hadleys Hope shooting Xenos in a first person perspective. I call that the same gameplay.

Now, if they'd shown third person team-controlled based mechanics and then the game was first person single player, that would be different gameplay.

I've seen and played hundreds of games over the years where gameplay changed from initial demos/trailers to final game. Nobody took anyone to court over it.

I hope this arsehole loses the case and faces many £Ks of costs. Maybe that'll shut the whiners up.

_________________
Steve
Corporal in 69th Regt. 1st Batt. Homer’s Heroes.

"I'd like to die at the age of 80 in my own bed, with a belly full of wine and a girl's mouth around my c**k."

Just an update....sounds like Mr. Damian really made a mess of the lawsuit, or rather the legal firm:

http://www.gameinformer.com/b/features/ ... wrong.aspx