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Monkey MAC
Rough Riders..
2775
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Posted - 2014.05.06 22:28:00 -
[1] - Quote
Ryme Intrinseca wrote:UK government guidance on the Consumer Protection from Unfair Trading
Regulations 2008, section 7.3 wrote:A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes or is likely to cause the average consumer to take a different decision. So if a company provided misleading information, or presented information in a misleading way, regarding their product, with the result that consumers made purchases they otherwise would not, they are in breach of consumer protection regulations. Legal remedies include civil and criminal enforcement, which aim to: UK government guidance on the Consumer Protection from Unfair Trading
Regulations 2008, section 11.3 wrote:GÇó change the behaviour of the offender
GÇó eliminate any financial gain or benefit from noncompliance
GÇó be responsive and consider what is appropriate for the
particular offender and regulatory issue
GÇó be proportionate to the nature of the offence and the harm
caused
GÇó restore the harm caused by the regulatory noncompliance,
where appropriate, and
GÇó deter further non-compliance. The full UK government guidance is available here. Details on making a complaint are available here. Please note that there are similar regulations elsewhere in Europe as the UK simply follows EU consumer protection regulations.
This relates to the selling of the product.
The brief of DUST 514 is that it is a F2P FPS set within New Eden, which it meets perfectly.
The brief for DUST 514 Origin Packs and Aurum Items is that they will provide you with in game items of a specific nature, which it meets perfectly.
After that the Law has no more effect. What CCP choose to do with your money, or what they develop with it, is entirely their own perogative. If you are attempting to insuate that CCP tricked you into buying Aurum to support DUST when they were in matter of fact funding legion, please feel free to show documentation of CCP saying where the money from Aurum goes.
At no point do they actually say Aurum sales in DUST go directly to DUST development.
As much as I wanna kick CCP in the pants, please don't sound like such a self righteous *****
Looks like its back to FPS Military Shooter 56
Monkey Mac - Just another pile of discarded ashes on the battlefield!
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Monkey MAC
Rough Riders..
2777
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Posted - 2014.05.06 23:05:00 -
[2] - Quote
xxwhitedevilxx M wrote:decreto legislativo 206/2005 wrote:ci si riferisce a pubblicit+á ingannevole come qualsiasi pubblicit+á che in qualunque modo, compresa la sua presentazione, sia idonea ad indurre in errore le persone fisiche o giuridiche alle quali +¿ rivolta o che essa raggiunge e che, a causa del suo carattere ingannevole, possa pregiudicare il loro comportamento economico ovvero che, per questo motivo, sia idonea a ledere un concorrente
Aah interesting, you are here by saying that CCP mislead you to believe that money from DUST Aurum packs would go to DUST because the Aurum Packs had images of DUST Content?
Unfortunately this would be thrown as the 'Packaging' is directly advertising the product. It is not inferred, suggested or misleading you into believing DUST bought Aurum funds DUST. Otherwise Lucozade, Walkers, and numerous other companies would come under this law to, by buying an Aurum Pack you are aware you are paying a company (CCP) for a service, they are not 'tricking' you into believing that when you buy a bottle of lucozade, the money goes to lucozade it infacts goes to the company that owns lucozade. Yet you assume it does.
DUST Aurum packs in no way infer that DUST will benifit from, the only thing they infer is that you will get a load of cool sh*t, which you do. The way you interpret it as singular person is not enough to prosecute.
Otherwise how would they have funded DUST, they couldn't have done it using EvE money by the same pretence. So where would CCP get the money?
Looks like its back to FPS Military Shooter 56
Monkey Mac - Just another pile of discarded ashes on the battlefield!
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Monkey MAC
Rough Riders..
2779
|
Posted - 2014.05.07 00:10:00 -
[3] - Quote
Ryme Intrinseca wrote:Monkey MAC wrote:Ryme Intrinseca wrote:UK government guidance on the Consumer Protection from Unfair Trading
Regulations 2008, section 7.3 wrote:A misleading action occurs when a practice misleads through the information it contains, or its deceptive presentation, and causes or is likely to cause the average consumer to take a different decision. So if a company provided misleading information, or presented information in a misleading way, regarding their product, with the result that consumers made purchases they otherwise would not, they are in breach of consumer protection regulations. Legal remedies include civil and criminal enforcement, which aim to: UK government guidance on the Consumer Protection from Unfair Trading
Regulations 2008, section 11.3 wrote:GÇó change the behaviour of the offender
GÇó eliminate any financial gain or benefit from noncompliance
GÇó be responsive and consider what is appropriate for the
particular offender and regulatory issue
GÇó be proportionate to the nature of the offence and the harm
caused
GÇó restore the harm caused by the regulatory noncompliance,
where appropriate, and
GÇó deter further non-compliance. The full UK government guidance is available here. Details on making a complaint are available here. Please note that there are similar regulations elsewhere in Europe as the UK simply follows EU consumer protection regulations. This relates to the selling of the product. The brief of DUST 514 is that it is a F2P FPS set within New Eden, which it meets perfectly. The brief for DUST 514 Origin Packs and Aurum Items is that they will provide you with in game items of a specific nature, which it meets perfectly. After that the Law has no more effect. What CCP choose to do with your money, or what they develop with it, is entirely their own perogative. If you are attempting to insuate that CCP tricked you into buying Aurum to support DUST when they were in matter of fact funding legion, please feel free to show documentation of CCP saying where the money from Aurum goes. At no point do they actually say Aurum sales in DUST go directly to DUST development. As much as I wanna kick CCP in the pants, please don't sound like such a self righteous ***** CCP stated on numerous occasions between October 2013 and April 2014 that they were 'laser-focused on PS3' and 'fully committed to development on Dust', which we now know was not the case. These statements lead people to purchase AUR in the reasonable expectation that there would be major content releases at least until the end of 2014. Thus, there is a case for saying that 'A misleading action occur[ed] [as] a practice mislead ... through the information it contain[ed] ... and cause[d] ... the average consumer to take a different decision'. I have no idea where you're getting the notion that how CCP spends their money has anything to do with UK consumer protection regulations. They can put it in a swimming pool in Reykjavik and swim around in it as far as the law is concerned. What they cannot legally do, however, is get that money through misleading or deceiving UK customers in a way that affects their purchasing decisions. I realize that it's a bit much to expect the CCP apologists to recognize basic legal distinctions, but can you at least try to read the posts you're responding to before you embarrass yourselves further.
Once again you are assuming CCP are misleading you, which once again as far as the sale of Aurum goes, they did not do. By saying they were laser focuse on PS3 they did not trick you into buying aurum based on the assumption that the product was helping DUST, which is effectively what you are arguing.
If they had however put on the poster "Support Dust Development by Buying Aurum" then you would have every right to say they were misleading you. But you bought a product/service that was exactly as advertised, you are effectively construding 2 intangible points together, I would very much enjoy seeing you try to actually take action agaibst CCP with this, but you and I both know you won't because you would be laughed out of the court.
CCP telling me they were 'laser-focused' did not encourage me to buy Aurum, which is in exact contradiction with your statement, because both statements are infact opinions.
If however this is because you want money back that you spent on DUST there is a SONY hotline you can call if someone would be kind enough to post it here. Otherwise don't forget to invite me along to the hearing (Ill bring lots of popcorn)
P.S Read my intial reactions, I was just as unhappy as you are.
Looks like its back to FPS Military Shooter 56
Monkey Mac - Just another pile of discarded ashes on the battlefield!
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Monkey MAC
Rough Riders..
2779
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Posted - 2014.05.07 00:18:00 -
[4] - Quote
Ryme Intrinseca wrote:Michael Arck wrote:Nothing was misleading about you spending 20 bucks for AUR. I'm going to bed now, but I'll leave a challenge for anyone who wants to come into this thread and dispute the basis for a claim under UK consumer protection regulations. Tell me which step of the following is false in your judgment: 1. Over the last several months CCP provided misleading information/deceptively presented information (e.g. 'laser-focused on PS3', 'fully committed to developing Dust'). 2. This resulted in consumers making different decisions than they otherwise would (e.g. to buy AUR). 3. Therefore, a misleading action has occurred and consumer protection regulations have been breached. At the moment you guys are just swinging wildly, for instance conflating steps 1 and 2 like Michael Arck here, and not even starting to engage with the legal argument. Hopefully the above structure will help you to arrange your thoughts more coherently.
Statement 2 is false, unless the majority of the playerbase believed DUST to be near out of commision, which most of us did not, you might have a valid case, except for the fact that CCP stopped saying DUST and started saying 'Games within the new eden universe' like they did here!
Looks like its back to FPS Military Shooter 56
Monkey Mac - Just another pile of discarded ashes on the battlefield!
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