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Ryme Intrinseca
The Rainbow Effect Dirt Nap Squad.
1146
|
Posted - 2014.05.06 23:06:00 -
[91] - Quote
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'. This 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. |
NomaDz 2K
The Rainbow Effect
183
|
Posted - 2014.05.06 23:21:00 -
[92] - Quote
Monkey MAC wrote: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?
Nope he is stating I believe a Legal Italian Act Number 260 in Date 2005. Or shall we state that basically it accepts EU laws about protecting consumers from False Advertising which by EU Law CCP has offended and not to mention the entire PS3 Dust community. Basically the same Law applied in the UK: 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. Guilty As Charged -Case Closed - Next
NB the Only difference is that this Law was first applied in Italy in 2005 then in the UK in 2008 but it's the exact same thing it only got applied at different dates.
DON'T SPEND CA$H ON DUST 514
CCP WILL ONLY GIVE YOU AUR AFTER THEY REMOVE YOUR BPOs WHICH U SPENT REAL MONGé¼Y ON!
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Beld Errmon
1652
|
Posted - 2014.05.06 23:25:00 -
[93] - Quote
Ah the second step in the Neckbeard rage cycle the "internet lawyer" phase, none of you are gunna do diddly about squat, though many of you are liers and will say anything while you are going through your neckbeard flow period, would be interested to see one shred of evidence that anyone has gotten a refund or done anything more then rant at a call centre chick about how PSN stole your redbull money.
Pilot - Tanker - FOTM (insert here)
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NomaDz 2K
The Rainbow Effect
184
|
Posted - 2014.05.06 23:35:00 -
[94] - Quote
Beld Errmon wrote:Ah the second step in the Neckbeard rage cycle the "internet lawyer" phase, none of you are gunna do diddly about squat, though many of you are liers and will say anything while you are going through your neckbeard flow period, would be interested to see one shred of evidence that anyone has gotten a refund or done anything more then rant at a call centre chick about how PSN stole your redbull money. We are on about real laws which tutor consumers, people which purchase anything and demand satisfaction. If you don't stand up for your rights, soon you will find yourself without any.
The fact that people in the past and present have obtained at least a PSN Refund is due to the way CCP handles their shady business goes to show that it's true and mark my words people will still get them unless CCP decides to change their marketing and PR practices.
DON'T SPEND CA$H ON DUST 514
CCP WILL ONLY GIVE YOU AUR AFTER THEY REMOVE YOUR BPOs WHICH U SPENT REAL MONGé¼Y ON!
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Ryme Intrinseca
The Rainbow Effect Dirt Nap Squad.
1149
|
Posted - 2014.05.06 23:43:00 -
[95] - Quote
NomaDz 2K wrote:Beld Errmon wrote:Ah the second step in the Neckbeard rage cycle the "internet lawyer" phase, none of you are gunna do diddly about squat, though many of you are liers and will say anything while you are going through your neckbeard flow period, would be interested to see one shred of evidence that anyone has gotten a refund or done anything more then rant at a call centre chick about how PSN stole your redbull money. We are on about real laws which tutor consumers, people which purchase anything and demand satisfaction. If you don't stand up for your rights, soon you will find yourself without any. The fact that people in the past and present have obtained at least a PSN Refund is due to the way CCP handles their shady business. This goes to show that it's true and mark my words people will still get them unless CCP decides to change their marketing and PR practices. Was about to get on this but seems my paralegal/assistant pimp NomaDz already slapped your ***** ass down. |
Michael Arck
Onuoto Uakan Huogaatsu Lokun Listamenn
4335
|
Posted - 2014.05.06 23:49:00 -
[96] - Quote
Nothing was misleading about you spending 20 bucks for AUR. The only way people are getting refunds is due to sympathy, I believe. I also believe Sony has spoken with CCP and no the refund possibility has slimmed.
You bought a add-on that you received and consumed. You can ask for a refund for a hamburger you just ate.
What's even more interesting is that many who wanted refunds would still return to the game if its pushed to PS4 and do the same thing all over again.
Hnolai ki tuul, ti sei oni a tiu.
Are you OUKH?
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Ayrie Coronach
DUST University Ivy League
190
|
Posted - 2014.05.06 23:54:00 -
[97] - Quote
Beld Errmon wrote:Ah the second step in the Neckbeard rage cycle the "internet lawyer" phase, none of you are gunna do diddly about squat, though many of you are liers and will say anything while you are going through your neckbeard flow period, would be interested to see one shred of evidence that anyone has gotten a refund or done anything more then rant at a call centre chick about how PSN stole your redbull money.
k.
One shred of evidence.
Anything else? Or are you done speaking out of the wrong end now?
CALL 1-800-345-SONY. PRESS '2' AND THEN '2' AGAIN. AURUM PURCHASES CAN BE REFUNDED WITHIN 90 DAYS!
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NomaDz 2K
The Rainbow Effect
184
|
Posted - 2014.05.06 23:59:00 -
[98] - Quote
Ayrie Coronach wrote:Beld Errmon wrote:Ah the second step in the Neckbeard rage cycle the "internet lawyer" phase, none of you are gunna do diddly about squat, though many of you are liers and will say anything while you are going through your neckbeard flow period, would be interested to see one shred of evidence that anyone has gotten a refund or done anything more then rant at a call centre chick about how PSN stole your redbull money. k. One shred of evidence.Anything else? Or are you done speaking out of the wrong end now? We have another happy Sony Customer, i wonder if they will ever give CA$H 2 CCP EVER AGAIN and I hope U learned your lesson Ayrie , never trust strangers
Viva La Resistance CCP Rouge PS We have just started
DON'T SPEND CA$H ON DUST 514
CCP WILL ONLY GIVE YOU AUR AFTER THEY REMOVE YOUR BPOs WHICH U SPENT REAL MONGé¼Y ON!
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Ryme Intrinseca
The Rainbow Effect Dirt Nap Squad.
1150
|
Posted - 2014.05.07 00:09:00 -
[99] - Quote
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. |
Monkey MAC
Rough Riders..
2779
|
Posted - 2014.05.07 00:10:00 -
[100] - 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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Kinky Burrito
Ametat Security Amarr Empire
222
|
Posted - 2014.05.07 00:13:00 -
[101] - Quote
There is no legal case. They are not shutting down the game. You can't sue them just because the game isn't going to be as good as you thought it would be. |
Ryme Intrinseca
The Rainbow Effect Dirt Nap Squad.
1155
|
Posted - 2014.05.07 00:15:00 -
[102] - Quote
Monkey MAC wrote:Ryme Intrinseca wrote:Monkey MAC wrote: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. Like Michael Arck above you are conflating steps 1 and 2 in the argument. See my previous post and tell me which step you are disputing.
PS really am going to bed now |
Monkey MAC
Rough Riders..
2779
|
Posted - 2014.05.07 00:18:00 -
[103] - 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!
|
Garrett Blacknova
Codex Troopers
5423
|
Posted - 2014.05.07 00:21:00 -
[104] - Quote
Monkey MAC wrote: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. So you're saying that public statements made directly to their customers by representatives of CCP in their capacity as representatives for the company aren't valid grounds on which to consider yourself to have been "misled"?
Yeah, good luck winning a case with that argument. I wouldn't hire you as my lawyer. |
Garrett Blacknova
Codex Troopers
5425
|
Posted - 2014.05.07 00:30:00 -
[105] - Quote
Monkey MAC wrote: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! You mean like they did here? Where they explicitly stated that they were FULLY COMMITED TO DEVELOPING DUST not only in the same thread you linked, but in a later post than the one you linked to?
Statement 2 is true, because the statements made by the devs IN THE THREAD YOU LINKED, along with their statements elsewhere, and comments made by Sony representatives at E3, had led the playerbase to believe that the game would:
1. Not be getting shut down or have full support discontinued any time soon, 2. Be on PS3 with continuing updates and new content on that console for the foreseeable future, and 3. Be coming to PS4 within a reasonable timeframe.
As soon as the plan was made to move the majority of the team from developing DUST on PS3 to developing Legion on PC, any Aurum sales where the purchaser had bought Aurum in the expectation of moving to PS4 in future were based on misleading information beceause CCP actively AVOIDED correcting us on that point.
From the moment Legion was underway, anyone buying Aurum with the expectation of a reasonable amount of new content on the PS3 was misled, because CCP didn't advise us they were cutting off all plans for future expansions for DUST. |
Michael Arck
Onuoto Uakan Huogaatsu Lokun Listamenn
4336
|
Posted - 2014.05.07 00:32:00 -
[106] - Quote
Ryme Intrinseca wrote:Monkey MAC wrote:Ryme Intrinseca wrote:Monkey MAC wrote: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. Like Michael Arck above you are conflating steps 1 and 2 in the argument. See my previous post and tell me which step you are disputing. PS really am going to bed now
I don't need to look at your steps to use some common sense to declare it's a fool's adventure. I understand you're upset but the game is still going. It's still being developed.
Hnolai ki tuul, ti sei oni a tiu.
Are you OUKH?
|
lrian Locust
Chatelain Rapid Response Gallente Federation
437
|
Posted - 2014.05.07 00:34:00 -
[107] - Quote
Iron Wolf Saber wrote:we have starving lawyers in the states. There's just waaaaaay to many lawyers in the US - 14 times the average of European countries, I read. |
Ayrie Coronach
DUST University Ivy League
194
|
Posted - 2014.05.07 00:40:00 -
[108] - Quote
Monkey MAC wrote: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!
Statement two is NOT false, and certainly not for the reasons you seem to think it is.
Statement two is accurate, I am an example of statement two.
By not disclosing that planned and advertised development of expanded content on DUST 514 for the PS3 had radically shifted (read: HALTED) months ago, long before fanfest and long before that quote of yours (which really doesn't prove the point you think it does, by the way) I continued to purchase aurum as though nothing had changed.
As far as I was made aware, everything was on the same track four days ago that it had been on for the past year, as attested to by CCP personnel in interviews and press events.
I was making purchases based upon bad information that CCP had disseminated, and my purchases may have well been very different had CCP informed the player base (and by extension, me) about the change in development direction before or at the time that such change was made.
By continuing to operate as if nothing had changed (and in fact making ASSURANCES that nothing had changed) in the development direction of DUST 514, CCP engaged in a deception of the community, a lie of omission if not a straight bald-faced lie. Acting upon that deceiving information, people (like myself) made purchases we otherwise might not have.
This is a clear example of fulfillment of conditions one and two. Which means that condition three may well have been met.
CALL 1-800-345-SONY. PRESS '2' AND THEN '2' AGAIN. AURUM PURCHASES CAN BE REFUNDED WITHIN 90 DAYS!
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Michael Arck
Onuoto Uakan Huogaatsu Lokun Listamenn
4336
|
Posted - 2014.05.07 00:53:00 -
[109] - Quote
Ayrie Coronach wrote:Monkey MAC wrote: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! Statement two is NOT false, and certainly not for the reasons you seem to think it is. Statement two is accurate, I am an example of statement two. By not disclosing that planned and advertised development of expanded content on DUST 514 for the PS3 had radically shifted (read: HALTED) months ago, long before fanfest and long before that quote of yours (which really doesn't prove the point you think it does, by the way) I continued to purchase aurum as though nothing had changed. As far as I was made aware, everything was on the same track four days ago that it had been on for the past year, as attested to by CCP personnel in interviews and press events. I was making purchases based upon bad information that CCP had disseminated, and my purchases may have well been very different had CCP informed the player base (and by extension, me) about the change in development direction before or at the time that such change was made. By continuing to operate as if nothing had changed (and in fact making ASSURANCES that nothing had changed) in the development direction of DUST 514, CCP engaged in a deception of the community, a lie of omission if not a straight bald-faced lie. Acting upon that deceiving information, people (like myself) made purchases we otherwise might not have. This is a clear example of fulfillment of conditions one and two. Which means that condition three may well have been met.
Seriously, how can you ask a refund and still use CCP's forums to voice your opinions? Isn't that kind of backwards here?
You made purchases for products you received. While many others cheered you on in your thread, the whole ordeal was wrong.
Once Sony got wind (I suspect, they talked to CCP), they stopped giving out refunds to many who later visited your thread.
Because you bought an AUR pack for AUR. Not for continuous development.
This is what microtransactions are and here lies the problem with it. If things don't go the customer's way, they want their money back. And this is for items that has already been consumed.
It's messed up because nowhere in the sale does it state, "buying this product continues the development of Dust 514"
Plus this game was F2P. YOU made the choice to buy add-ons. You weren't forced or lied to about what you were receiving.
And the funny thing is? If Legion was released on PS4, you would head over there and do the same thing over again.
Hnolai ki tuul, ti sei oni a tiu.
Are you OUKH?
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xxwhitedevilxx M
Maphia Clan Unit Unicorn
2814
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Posted - 2014.05.07 01:13:00 -
[110] - Quote
wrong quotes...rewriting....
Guinea Dust Bunnies are watching you, CCP Rouge.
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Garrett Blacknova
Codex Troopers
5431
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Posted - 2014.05.07 01:19:00 -
[111] - Quote
Kinky Burrito wrote:There is no legal case. They are not shutting down the game. You can't sue them just because the game isn't going to be as good as you thought it would be. A car that's been driven over 300,000km doesn't have to break down for the buyer to have been misled when they were told it had only traveled 10,000km.
When you buy a sealed package labeled "red paint" then open it up to find that it's blue, the store won't say "there's still paint in the can" and refuse to take it back.
Misleading a customer is still misleading a customer. And outright lying to a customer is still outright lying to them, even if the lies and deception don't involve the product being broken or ceasing to exist. |
Leeroy Gannarsein
Shining Flame Amarr Empire
7
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Posted - 2014.05.07 01:25:00 -
[112] - Quote
Michael Arck wrote:Ayrie Coronach wrote:Monkey MAC wrote: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! Statement two is NOT false, and certainly not for the reasons you seem to think it is. Statement two is accurate, I am an example of statement two. By not disclosing that planned and advertised development of expanded content on DUST 514 for the PS3 had radically shifted (read: HALTED) months ago, long before fanfest and long before that quote of yours (which really doesn't prove the point you think it does, by the way) I continued to purchase aurum as though nothing had changed. As far as I was made aware, everything was on the same track four days ago that it had been on for the past year, as attested to by CCP personnel in interviews and press events. I was making purchases based upon bad information that CCP had disseminated, and my purchases may have well been very different had CCP informed the player base (and by extension, me) about the change in development direction before or at the time that such change was made. By continuing to operate as if nothing had changed (and in fact making ASSURANCES that nothing had changed) in the development direction of DUST 514, CCP engaged in a deception of the community, a lie of omission if not a straight bald-faced lie. Acting upon that deceiving information, people (like myself) made purchases we otherwise might not have. This is a clear example of fulfillment of conditions one and two. Which means that condition three may well have been met. Seriously, how can you ask a refund and still use CCP's forums to voice your opinions? Isn't that kind of backwards here? You made purchases for products you received. While many others cheered you on in your thread, the whole ordeal was wrong. Once Sony got wind (I suspect, they talked to CCP), they stopped giving out refunds to many who later visited your thread. Because you bought an AUR pack for AUR. Not for continuous development. This is what microtransactions are and here lies the problem with it. If things don't go the customer's way, they want their money back. And this is for items that has already been consumed. It's messed up because nowhere in the sale does it state, "buying this product continues the development of Dust 514" Plus this game was F2P. YOU made the choice to buy add-ons. You weren't forced or lied to about what you were receiving. And the funny thing is? If Legion was released on PS4, you would head over there and do the same thing over again.
I bought AUR packs for AUR, that part is true.
Why did I buy them? Because CCP failed to disclose to me that development on DUST had, to all intents and purposes, ceased, while both explicitly and implicitly, through advertising and through representative statements (i.e. Those made by Sabrewing and Logibro), at the time and over the past five years.
I'm not requesting a refund; I'm looking forward to Legion.
But their rights have been breached insofar as their AUR purchases in the last six months are concerned, and should they request a refund I support their actions and expect their satisfaction.
MY ACTUAL NAME IS LORHAK
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True Adamance
Praetoriani Classiarii Templares Praetoria Imperialis Excubitoris
10175
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Posted - 2014.05.07 01:27:00 -
[113] - Quote
Leeroy Gannarsein wrote: BLAH BLAH BLAH BLAH I AM A SCRUB BLAH BLAH BLAH I NEED TO GET ON TRUE'S LEVEL!
Did you seriously get banned Lorhak?
Markdown:
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Mobius Wyvern
Ahrendee Mercenaries Dirt Nap Squad.
5219
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Posted - 2014.05.07 01:29:00 -
[114] - Quote
Chunky Munkey wrote:Ryme Intrinseca wrote:Mobius Wyvern wrote:Self-entitled man-child post.
Learn2Law Don't forget these guys are probably American. They aren't used to having actual consumer protection laws. Wow, that's really mature.
The moment someone calls you out on your whining you just offhandedly dismiss them because of their country?
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LEHON Xeon
Ahrendee Mercenaries Dirt Nap Squad.
659
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Posted - 2014.05.07 01:30:00 -
[115] - Quote
Mobius Wyvern wrote:Chunky Munkey wrote:Ryme Intrinseca wrote:Mobius Wyvern wrote:Self-entitled man-child post.
Learn2Law Don't forget these guys are probably American. They aren't used to having actual consumer protection laws. Wow, that's really mature. The moment someone calls you out on your whining you just offhandedly dismiss them because of their country?
Still in here eh Mobius? I thought everybody up and left by now considering all of the furor has died down now.
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Garrett Blacknova
Codex Troopers
5441
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Posted - 2014.05.07 01:33:00 -
[116] - Quote
Mobius Wyvern wrote:Chunky Munkey wrote:Ryme Intrinseca wrote:Mobius Wyvern wrote:Self-entitled man-child post.
Learn2Law Don't forget these guys are probably American. They aren't used to having actual consumer protection laws. Wow, that's really mature. The moment someone calls you out on your whining you just offhandedly dismiss them because of their country? Actually, I think he's pointing out that their apparently-irrational disregard for a topic based on solid legal concepts is based on the lack of similar laws in their country. It's not a "dismissal" of those people. They're the ones trying to dismiss the argument in the first place. It's pointing out a valid reason for their ignorance of the topic.
Really mature of you to imply immaturity from someone who's actually trying to give people the benefit of the doubt. |
Mojo XXXIII
Abandoned Privilege Top Men.
297
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Posted - 2014.05.07 01:33:00 -
[117] - Quote
Just to keep the analogy train rolling, because analogies are fun:
If you bought a one-year membersip at your local health club, and they willingly sold you that membership without telling you that they were planning on closing their doors and moving to another city in a week. |
Jastaddd Death seeker
NegativeKDR
51
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Posted - 2014.05.07 01:48:00 -
[118] - Quote
Argent Mordred wrote:Ryme Intrinseca wrote:The EULA does not stop UK law from applying. Any -ú purchase by a UK consumer is covered by consumer protection regulations. You buy AUR with -ú, hence those transactions are covered. The law does not care about things people made up in their heads (thanks for that clarification, Perry Mason ) but it does care about misleading information/deceptive presentation of information that affects purchasing decisions. No but writing a EULA for a software product from a company like CCP or Sony entails a herd of lawyers specializing in the consumer laws for each country that the product is to be sold in. So I guarantee that the laws will have been dealt with to the letter. Maybe you will get lucky, but I doubt it.
Sorry but Lawyer usually lost to politician that want do seem great to the audience, just for grab a +1 vote.
The EUALA is WW document and it's valid, IF your country LAW don't say otherwise.
In may country the LAW specifically tell you THAT if you sign something that is not following the LAW itself, the contract is VOID.
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Pete B
Dogs of War Gaming Zero-Day
146
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Posted - 2014.05.07 02:05:00 -
[119] - Quote
I did a bit of work experience for a railway data logging company and by law, any machine sold in the UK has to be 'Electromagnetically friendly', so it cannot emit silly amounts of EM radiation in multiple spectrums that could mess with signals and at the same time they should be able to withstand taking in some EM noise or a minor EM pulse. So normally at the start and end of circuits (or at least for this company) they have what looks like an inductor inducing magnetic flux into a free capacitor (which acts like like an EM magnet core), which soaks up whatever flux is emitted while dissipating whatever pulses come their way.
Point is, if this company was to make a contract after each sale that said within 'these machines may not contain EM protection, and any complaint about so is null and void', the law would be all over their ass as EM protection is a legal necessity and cannot be made null and void. If they told the clients 'These machines have EM protection that will work for 10 years' and it lasted for 3, again, the law would be all over their ass. In the UK, if they said the EM protection would work for 10 years, it lasted 3 and said no refunds, the law would say "**** that noise, you are obliged by us to refund, or fix/improve for free".
Thing is my example still works for Dust. OK minor adjustments might be needed, but the general point of consumer rights still stands. |
Ayrie Coronach
DUST University Ivy League
195
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Posted - 2014.05.07 02:49:00 -
[120] - Quote
Michael Arck wrote: Seriously, how can you ask a refund and still use CCP's forums to voice your opinions? Isn't that kind of backwards here?
You made purchases for products you received. While many others cheered you on in your thread, the whole ordeal was wrong.
Once Sony got wind (I suspect, they talked to CCP), they stopped giving out refunds to many who later visited your thread.
Because you bought an AUR pack for AUR. Not for continuous development.
This is what microtransactions are and here lies the problem with it. If things don't go the customer's way, they want their money back. And this is for items that has already been consumed.
It's messed up because nowhere in the sale does it state, "buying this product continues the development of Dust 514"
Plus this game was F2P. YOU made the choice to buy add-ons. You weren't forced or lied to about what you were receiving.
And the funny thing is? If Legion was released on PS4, you would head over there and do the same thing over again.
Alright, you know what? Getting tired of people conflating the issues here. Or at this point I suspect, willfully choosing to miss the point. So I will break down my situation and position as clearly as possible, in hopes that at least SOME of you will finally get it.
I am, or rather SHOULD be all for Legion.
I think it looks great, I can't see any way that it could end up worse off than DUST 514 was. CCP is on their home turf (PC) and they've had two years of live-fire practice before they called their "do-over." They've built up some experience and taken their first steps as FPS makers, there would be nowhere for them to go but up.
For several years I flew around playing internet spaceships in EVE Online, and I am (or was, until a few days ago) eager to jump aboard any new points of ingress to the fascinating New Eden universe CCP have built.
EVE, DUST 514, Valkyrie, Legion, whatever. All about it, and I look(ed) forward to it.
The announcements at fanfest would have been a WONDERFUL thing to me, with no drawbacks or downsides (to me personally, I have a gaming PC I am confident will be capable of handling Legion) other than the loss of those that are bound for one reason or another to the PS3 platform. The loss of those people that will not be able to join us on PC would have been literally the only negative thing I'd have felt about the whole announcement and future of DUST 514/Legion. But I would have accepted it and moved past it in order to focus on the positive aspects.
So, I should be in CCP's corner right now.
There is nothing in the CONTENT of the announcements that offends me.
PS3 has to be left behind to grow, okay. Those systems and gameplay elements we've been waiting on are attainable now, sweet. We should be able to keep our progress in the new game, awesome.
What I AM offended by is lies. Personally, professionally or just in general, I don't like liars.
When my money has been obtained by way of lies? Deception, misdirection, obfuscation, disinformation, misrepresentation, half-truths or just good old fashioned bald-faced lies?
I move beyond offense and into righteous indignation.
THAT is my one and only issue with CCP right now. Forget Legion for the moment, move past CCPs bad attempts at PR and lack of sensitivity toward the PS3-bound community they are abandoning. All of that I could totally get over.
But by changing the development paradigm and not disclosing such a change in the game plan until MONTHS after the fact, while accepting (and even ENCOURAGING) the continuation of micro-transaction purchases from players that remained unaware the status quo had been altered, CCP has to my mind obtained people's money through use of deceptive business practices.
i.e. they lied, and potentially made money off of those lies.
Now, do I think they can be held liable in a court, and have damages awarded against them? I'm unsure.
It doesn't make any practical difference to me because I was able to obtain a refund of the money I spent since the estimated cessation of DUST 514 development. I wouldn't have a dog in this specific fight in any case, as I live in the U.S.A. and the E.U.'s consumer protection laws wouldn't apply to me.
But here's the rub; legal or not, it was shady business. Regardless of statute, it was immoral.
It has soured any prospect I ever held about doing business of any kind with CCP ever again, in spite of how much I'd love to play Legion.
My ethics aren't for sale, and I find it very difficult to overlook them for the sake of a game, no matter how appealing it personally is to me.
CALL 1-800-345-SONY. PRESS '2' AND THEN '2' AGAIN. AURUM PURCHASES CAN BE REFUNDED WITHIN 90 DAYS!
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