Calling 'bullshot' on false game advertising

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Originally Posted by Orge Lambart

this has a baring on this how? Cool you posted the definition of what a class action lawsuit is, that's awesome and has zero baring on the ACM case nor on any potential lawsuit that Trion could face for this game. (I say could because every MMO known to man has faced threats of a class action law suit, and thus far none) Like I said already, the case against ACM will get tossed out, I'd assume all of it, seeing as you know, the whole basis is the original footage didn't match the finished product. Which is also the case whenever you watch a trailer for a movie and it has a deleted scene in it.

I guess you could say the original Psycho could have been sued for false advertising since the person they were hocking as the feature star of the movie died in 15 minutes. Every movie that ever came out has had some sort of fraud if you want to use the definition that liberally. http://www.imdb.com/list/TlGxNKRcxuc/ here go file a class action suit against all those directors and studios because they had misleading information in their trailers and posters for the movie.

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It's like smacking my own head against a wall trying to get through to you. Your continual usage of a singular participant in such a suit is flawed and very misleading. Now that you hopefully have done a bit of reading then you should be able to see how a class action suit has a heckuva lot more power than "zero bearing" in ANY case . By pushing your flawed idea of how this would play out by using an easily and often dismissed movie analogy , you are missing the point entirely of how this works with a presentable case. And taking the stand that the ACM suit will be thrown out is rather silly. No one knows how that will play out with the evidence that is readily available. Don't be surprised if Sega doesn't throw Gearbox to the wolves for this one. The expectation is that they would pursue them for damages themselves.

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Originally Posted by Nmalthus

Comparing an MMOTPS to a sp/mp game is asinine for one. A:CM deserves a CA suit which will fail ultimately though SEGA admitted they blatantly lied when they intentionally let a vertical slice look 100x better than the actual end product. It's ******baggery at it's finest. All MMOs have clauses in the fine print covering all aspects of MMO development.

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Disclaimer: I am in no way endorsing, suggesting, or supporting anyone even considering a case against Trion.

That said, I do need to point out your statement about the clauses and MMOs. Keep in mind that just because a clause is included and was written by their attorneys in the first place, that does not mean they will stand-up in entirety or in partial in a court. There have been smaller cases already in the U.S. and U.K. where portions of such clauses, including particular sections of EULA, have been deemed unenforceable. They are still included as a consumer behavior deterrent, but fail when challenged in court. One just has to dig through legal articles for the instances.

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Originally Posted by EdgeTW

Yes, I can see how your misinterpretation of my comments is somehow my fault. Next.

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next time write like a fifth grader and make your point clear, instead of leaving some sarcastic comment that implies you are saying the game is broken. (you know since sarcasm is hard to detect over the internet) Also, yes it's completely your fault that you lack the ability to string together a coherent sentence and whatever point you were trying to convey didn't come across the way you intended.

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Originally Posted by DaMaJaDiZ

It's like smacking my own head against a wall trying to get through to you. Your continual usage of a singular participant in such a suit is flawed and very misleading. Now that you hopefully have done a bit of reading then you should be able to see how a class action suit has a heckuva lot more power than "zero bearing" in ANY case . By pushing your flawed idea of how this would play out by using an easily and often dismissed movie analogy , you are missing the point entirely of how this works with a presentable case. And taking the stand that the ACM suit will be thrown out is rather silly. No one knows how that will play out with the evidence that is readily available. Don't be surprised if Sega doesn't throw Gearbox to the wolves for this one. The expectation is that they would pursue them for damages themselves.

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Well considering the lawsuit was brought about by one man's complaint, and then turned into a class action suit to represent everyone who purchased ACM. Yes I would very much like to see that one man Damion Perrine fail. Why because his suit has no merit, and ultimately he'll fail. This isn't like typical class action lawsuits, when multiple people are suing for the same reasons and all those lawsuits get lumped together, this was one man's complaint that turned into a class action suit to represent all the people who purchased the game. I don't know how many times I've been entered into a class action suit without my knowledge, then got a letter or email telling me I had a 2 dollar check waiting for me.

I admit I don't know much about the whole issue of what the pre-release demo version and trailers they are using as a basis contain compared to the finished product. Although it comes down to the understanding that all demo's aren't a representation of the finished product. It's been that way since forever, I still remember playing some demo's on this play-station magazine they sent me in the mail. Even in those it was understood the demo's weren't the finished product.

Also as I already pointed out, if this case were to succeed it would open up a flood gate of future class action suits against movies, other games, television, etc. So yeah, I still stand by my point that this action will fail. It has such far reaching implications beyond just gearbox. Also yes, it totally encompasses movies as well, if this passes it paves the way for someone who say deleted scenes in a trailer that didn't make the movie to sue that production company, the director, heck probably even the actors if they did an interview using the trailer footage and promoting it as part of the movie.

Also, I'm not 100% sure, but didn't Sega already file a lawsuit against Gearbox for embezzlement?

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Originally Posted by Orge Lambart

next time write like a fifth grader and make your point clear, instead of leaving some sarcastic comment that implies you are saying the game is broken. (you know since sarcasm is hard to detect over the internet) Also, yes it's completely your fault that you lack the ability to string together a coherent sentence and whatever point you were trying to convey didn't come across the way you intended.

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I could blame your failure at basic reading comprehension, but we can just agree to disagree. I stand by what I said, and you can get back to blasting away at anyone who appears to be saying something negative about Defiance.

What's amusing is that I wrote about gamers being stereotyped as juvenile, and look at us, fulfilling that to a tee as we argue over who said what. /golfclap

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Originally Posted by Orge Lambart

Well considering the lawsuit was brought about by one man's complaint, and then turned into a class action suit to represent everyone who purchased ACM. Yes I would very much like to see that one man Damion Perrine fail. Why because his suit has no merit, and ultimately he'll fail. This isn't like typical class action lawsuits, when multiple people are suing for the same reasons and all those lawsuits get lumped together, this was one man's complaint that turned into a class action suit to represent all the people who purchased the game. I don't know how many times I've been entered into a class action suit without my knowledge, then got a letter or email telling me I had a 2 dollar check waiting for me.

I admit I don't know much about the whole issue of what the pre-release demo version and trailers they are using as a basis contain compared to the finished product. Although it comes down to the understanding that all demo's aren't a representation of the finished product. It's been that way since forever, I still remember playing some demo's on this play-station magazine they sent me in the mail. Even in those it was understood the demo's weren't the finished product.

Also as I already pointed out, if this case were to succeed it would open up a flood gate of future class action suits against movies, other games, television, etc. So yeah, I still stand by my point that this action will fail. It has such far reaching implications beyond just gearbox. Also yes, it totally encompasses movies as well, if this passes it paves the way for someone who say deleted scenes in a trailer that didn't make the movie to sue that production company, the director, heck probably even the actors if they did an interview using the trailer footage and promoting it as part of the movie.

Also, I'm not 100% sure, but didn't Sega already file a lawsuit against Gearbox for embezzlement?

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All cases of these type begin with one plaintiff to get the ball rolling. It's not on the shoulders of the first to stand up to take the hit for the masses. That defeats the purpose of the movement.

If you would read back a bit, you'd see how I've talked about how cases such as these have been around long before today, and will continue to happen. The movie and gaming industry didn't magical spring into being the moment that you became aware of them. They, just like this form of legal action have been here before your knowledge of them, and will be here after you and I have gone. There is no flood gate about to be opened!!!! This has continually been addressed since the late 1800's for crying out loud. The movie industry has had these checks and balances for its entire existence. And so has the games industry. There is nothing new happening here. Do a google search on what exactly is being presented as evidence in the dispute before you dismiss the case any further. It's all pretty easy to find, there is a ton of coverage of the debacle from the beginning to present.

I'd have to double check on if Sega actually went through with the process. The last that I remember was that they were heavily considering it during the he said she said portion of finger pointing. The only leverage that GB has over them is that they were supposed to be on top of it regardless of how it was licensed out. But GB threw all parties under the bus immediately, so I doubt they have any support with this one.

Trion should honestly just offer returns to everyone who bought the game.

I honestly don't care. It's still a great game - and with five DLC's coming more content is always on the way.

1- Vehicles that players can use together as "Transports" in open world to use as resources gathering 1:48 minutes

2- "Thousands" of weapons, that we can collect 2:13 minutes


2- Vehicles advertised and presented as in game, the same ones as in the TV series 4:59 minutes


Ever think this is DLC related??? Jesus frakkin christ this is what is wrong with console gamers, you little punks have been brain washed by activision, infinity ward, EA, and every other little cookie cutter shooter making game developer out there. Just because you do not get EVERYTHING in the first 2 days of gaming, does not mean you will not get it. This is a MMO, now I understand a lot of you console gamers are not used to this, and no it really isnt even a true MMO, but a MMO nonetheless. So just sit back, relax, enjoy the game, or stop playing it and shutup. I mean really do people have nothing better to do than to scower the internet looking to mark videos saying OMG THEY SAID THEY WOULD HAVE AN INTERACTIVE WEATHER SYSTEM, guess what? Maybe it was making the game crash every 10 minutes so they took it out

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Originally Posted by VictorTwoRomeo

1- Vehicles that players can use together as "Transports" in open world to use as resources gathering 1:48 minutes

2- "Thousands" of weapons, that we can collect 2:13 minutes


2- Vehicles advertised and presented as in game, the same ones as in the TV series 4:59 minutes


Ever think this is DLC related??? Jesus frakkin christ this is what is wrong with console gamers, you little punks have been brain washed by activision, infinity ward, EA, and every other little cookie cutter shooter making game developer out there. Just because you do not get EVERYTHING in the first 2 days of gaming, does not mean you will not get it. This is a MMO, now I understand a lot of you console gamers are not used to this, and no it really isnt even a true MMO, but a MMO nonetheless. So just sit back, relax, enjoy the game, or stop playing it and shutup. I mean really do people have nothing better to do than to scower the internet looking to mark videos saying OMG THEY SAID THEY WOULD HAVE AN INTERACTIVE WEATHER SYSTEM, guess what? Maybe it was making the game crash every 10 minutes so they took it out

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Don't put this on console gamers as if the vast majority of complaint isn't coming from the PC crowd in this forum. Do people have nothing better to do than to jump into threads to spew vitriol unrelated to the discussion all over the place? For every one of these kind of posts the discussion gets pushed back several pages.