Calling 'bullshot' on false game advertising

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Originally Posted by VictorTwoRomeo

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Ever think this is DLC related???
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Was it said it's DLC related? If not then it is a false advertisement.

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Originally Posted by ewishki

If there was a lawsuit, all of us would just end up paying for it in future games. Companies would have to have lawyers oversee all marketing which would just drive the costs up.

As far as this potential lawsuit.....it is an MMO. Nothing was promised at release. As long as they implement their "promises" at some point then they should be fine.

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That's the thing about MMOs, they change over time. I expect the folks from SyFy and Trion in the vids were describing the game AS IT WILL BE after the first season's DLCs have been applied.

Should they have described the game as it would be at launch? Maybe, but that would have created a false impression too. They KNEW what the game was supposed to become over time and described that game.

We all knew from the very beginning that the game was never meant to be 'complete' for launch. They didn't hide that additional content would be added over time. They even advertized that at least 5 DLCs were coming in the first season.

As much as I fully agree and totally understand your frustration as I share it also we all know no one is actually going to sue Trion for this.

They're working on it, not to mention they had to force the game out the door because of the series release. Hell they can't even get freight yard working.

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Originally Posted by Kiserai

It was cross-platform until the console companies pulled the plug on that, wasn't it? Everyone was together during beta.

I don't think a suit against Trion would be as simple as you'd think. Even assuming it was successful, it would just touch off a different powderkeg without actually benefiting you in any perceptible way.

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Everyone was NOT together in Beta. By Beta time they were already on platform specific servers.

Alpha was indeed cross platform AND global. As there was only one server.

There were six servers for beta as they wanted/needed to test in a 'Live-like' setting.

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Originally Posted by Rasczak

Then as a business owner in publishing (including table top RPGs), and with international retail distribution and marketing, let me explain something to you: the industry is inhospitable to companies and small publishers who cannot, or simply do not, deliver on features that are advertised. If said feature is not done and ready to go, simply do not advertise it. Period. Same goes for our RPGs, whether through YouTube, Twitch, or Kickstarter video marketing. We do not reveal anything about the game that has not been developed, tested, approved, and which we know is going to be in the final version of the book.

And you know what? In my 10 years in that industry, I have never, not once, had a single customer, fan, or reviewer (even on the occasional bad reviews, as sometimes happens), accuse my company of not bringing to market the features we advertised.

Big, small, or in-between; video game, roleplaying game, collectible card game; the developers/manufacturers should be held accountable for providing every feature they advertise. If they don't, then any inhospitable environment that plagues them is of their own doing.

Successful law suits against Sega/Geabox or any other company does not make the industry inhospitable to indie and small developers. It simply sends the message of: the Consumer Protection Laws concerning advertising do apply to you as well.

Expecting the established laws against deceptive marketing to be enforced is not a sense of entitlement. That's a buzz-word phrase that too many people throw around today, without even remotely understanding the core definition of what it stands for.

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Final version is the key phrase here, IMO. The vids describe the game as it WILL be when it's more nearly final (after the DLCs).

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Originally Posted by DaMaJaDiZ

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.

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yawn, yes, I know it's hard for someone who thinks as small as you to understand but if you can't see the implications of allowing something like this case to actually be decided against Gearbox you are pretty stupid. I already pointed out numerous examples of how this would be bad mojo for the entertainment industry but you don't want to read, nor understand.

If they allow it to stick in this case, that means it opens the gates for someone who see's deleted footage in a movie trailer. Hey I saw batman spin kick one of Joker's goon in the face, that scene wasn't in the finished product, I felt lied too and wouldn't have spent my money if I didn't know that one spin kick to the goon's face wasn't in the movie.

Think that's too far fetched, ok, how about this, developers will stop talking about their games and potentially features they could have. Why do that when you open yourself up to being sued because every minute feature you promised didn't get delivered for one reason or another. MMO's say goodbye to them as we know them. pfft, patches, lag, unable to get something included in a timely manner... pfft.... let me sue you...

You do realize the way our legal system works right? Once one case is validated, it makes all similar cases validated and atleast worthy of consideration. This type of case is unique, as I already said, lots of powerful lobby members will do whatever they can to ensure this case never passes the sniff test. You really think Hollywood wants to be held accountable for the millions of false trailers they've produced over the years? Imagine if Hollywood had to really show in a trailer what a movie was about...

Imagine if game developers couldn't talk about some of the neat stuff they wanted to do in their games early on. You know all that cool stuff that gets us amped for the game. Like I already said though, this lawsuit doesn't past the smell test. You can claim this or that or the other thing, but I know a thing or two about a thing or two. Especially in regards to business. and pretty good in terms of predicting how things will turn out.

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Originally Posted by Schwa

Me? I tear Trion apart every time they deserve it.

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And quite often even when they don't deserve it.

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Originally Posted by XGC Cipher

I'm down to sue
Its about making a statement

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This. If this lawsuit fails. Then you can bet the shtako we saw in e3 would get more and more deceptive. There needs to be a standard. If you show something, it best be how the game plays.

And yes.. i was one that preordered based on the video i saw. The game did not deliver.

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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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What a god awful post. You're talking as if Activision or EA spoils console gamers when reality it's the opposite. Activision's biggest title releases a glitchy mess every year. Months go by and it still will have problems out the ying yang. So how the hell is that "brainwashing people" in regards to delivering in a timely fashion? This foolishness of blaming what's popular is lame. You're acting like CoD and Battlefield doesn't have forums where console players vent their frustrations. Unlike Defiance, however, they also have hundreds of thousands of people playing their games on a daily basis simply because despite the flaws, there's still enough quality content. Defiance doesn't have this luxury. It has nothing to do with being brainwashed. It's simply a case where one entity provides enough quality despite the ugliness and another doesn't.

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Originally Posted by Orge Lambart

yawn, yes, I know it's hard for someone who thinks as small as you to understand but if you can't see the implications of allowing something like this case to actually be decided against Gearbox you are pretty stupid. I already pointed out numerous examples of how this would be bad mojo for the entertainment industry but you don't want to read, nor understand.

If they allow it to stick in this case, that means it opens the gates for someone who see's deleted footage in a movie trailer. Hey I saw batman spin kick one of Joker's goon in the face, that scene wasn't in the finished product, I felt lied too and wouldn't have spent my money if I didn't know that one spin kick to the goon's face wasn't in the movie.

Think that's too far fetched, ok, how about this, developers will stop talking about their games and potentially features they could have. Why do that when you open yourself up to being sued because every minute feature you promised didn't get delivered for one reason or another. MMO's say goodbye to them as we know them. pfft, patches, lag, unable to get something included in a timely manner... pfft.... let me sue you...

You do realize the way our legal system works right? Once one case is validated, it makes all similar cases validated and atleast worthy of consideration. This type of case is unique, as I already said, lots of powerful lobby members will do whatever they can to ensure this case never passes the sniff test. You really think Hollywood wants to be held accountable for the millions of false trailers they've produced over the years? Imagine if Hollywood had to really show in a trailer what a movie was about...

Imagine if game developers couldn't talk about some of the neat stuff they wanted to do in their games early on. You know all that cool stuff that gets us amped for the game. Like I already said though, this lawsuit doesn't past the smell test. You can claim this or that or the other thing, but I know a thing or two about a thing or two. Especially in regards to business. and pretty good in terms of predicting how things will turn out.

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Well, I guess that's all that needs to be said about it. You're set on having it your way no matter what is historically or well documented that is presented to you. Any information presented that conflicts or is found to be contrary to your unfounded opinion is automatically rejected. Even after admitting that you don't know what the hell you're talking about in reference to the case of ACM, you're more than eager to attack anyone that disagrees with you (even when they actually are agreeing with you, you just don't see it). And you're certainly unaffected by any overtures of shared information that has been presented to you. Outside of whatever is going on in your own head, there is no reason to push this any further. Thankfully for the rest of us that live in a functioning society that has already dealt with these issues, you have no real input into how any of this works.
Don't stop believing!