Class Action Lawsuit against EA/CryTek - Viable Option

Post » Sat Jul 31, 2010 8:08 am

JUST BECAUSE WE SIGNED AWAY OUR RIGHTS IN A EULA, DOESN'T MEAN THE EXISTENCE OF A EULA IS RIGHT.

Get someone to sign a contract whereby a person agrees to be your slave. Yes, they signed away their rights in a mutually agreed upon contractual obligation. The court will then nullify it because it is ILLEGAL. It was made illegal because it is WRONG. Just like a EULA is.

The EULA should not be signing away our rights WHILE GRANTING video game publishers the right to sell us products that are BROKEN, INCOMPLETE, AND DECEPTIVELY MARKETED.


Unfortunately for EA, this whole Crysis 2 fiasco is about to bite them in the ass.

There is a legitimate claim for a class action lawsuit against EA.

After months of promoting the game and demonstrating it as a DirectX11 title, these flaunted features were "silently" removed from the game, with no explanation or confirmation to consumers whatsoever.

These advertised features that were promoted for years/months within the gaming community, and the resulting silent removal, therefore has resulted in fraudulent advertising and promotion of a product.

Let's not even mention the plentiful amount of broken features in the game such as Multiplayer, Limited Edition Download Content, etc. etc. Or shall we?

Unfortunately for EA, despite the fact that DirectX 11 support isn't explicitly stated on the box, convincing a judge in a public trial that PC customers were not being led to believe that the said platform was going to be supported is going to be one hell of a struggle given the reputation that the Crysis brand name is built on and the MONTHS of VAST AMOUNTS of evidence that can be freely found on the internet and various other media publications.

It's time to set the wheel in motion, if this class action lawsuit is successful - We might be entitled to full refunds of our purchase, but there's something greater at stake... The full-blown exposure of the video game industry's greed and corruption, and the potential to never see another blatant console port again.

If you know of any lawyers, please share the details of this situation with them. Please share this on other forums. EA's negligence is so utterly blatant and arrogant. This is a case that even a green straight out of law school could win.

This isn't about money. $60 is worth far less than the end of EULAs that allow greedy global corporate entities to engage in blatantly anti-consumer activities for their own gain.

The way CryTek has been responding, no doubt by order of EA, has just left such a sour taste in my mouth.

Have you played Crysis 2?

It's incomplete and broken in so many different ways.

The fact that EA had the BALLs to release a game in this condition just goes to show how arrogant they are and how they don't give a damn about the consumers that put money in their coffers. It's disgusting, really.

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[Bounty][Ben]
 
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Post » Sat Jul 31, 2010 1:09 pm

Oh. Now there are two of you. Also American?
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Chloe Mayo
 
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Post » Sat Jul 31, 2010 9:24 am

Dude, chill. Do you want them working on the game or fighting off a lawsuit?
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Nancy RIP
 
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Post » Sat Jul 31, 2010 3:07 pm

you really don't have a life do you?
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Petr Jordy Zugar
 
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Post » Sat Jul 31, 2010 6:49 am

?

Crytek's own employees probably wouldn't be involved in a lawsuit, TheCompanyMan, EA's legal team would. This is one of the "benefits" of their business alliance with EA.
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A Boy called Marilyn
 
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Post » Sat Jul 31, 2010 3:01 am

I can picture the conversation now..


(angry nerd) Ring.....ring... (line picks up)

(lawfirm receptionist ) Hello this is Suzie, thanks for calling Goldstein & Goldstein Partners. how may I help you?

(angry nerd) I need to to speak to a lawyer right now. It's a very urgent matter!

(receptionist) Let me transfer you...

(Lawyer) How may I help you?


(angry nerd) Hi. I want to start a class action suit against EA and Crytek because Crysis 2 doesn't have DX11!


(Lawyer) Wut?

(angry nerd) I said, I want to start a class action suit against EA and Crytek because Crysis 2 doesn't have DX11!


(lawyer hangs up and calls up the receptionist) Suzie. I told you that you need to screen my calls better. That's the third crackhead that's been patched through this week!




OP is a moron. Read the EULA. You have no rights...

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Melanie Steinberg
 
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Post » Sat Jul 31, 2010 1:00 pm

While I'de almost feel guilty for 'sticking it" to Crytek, i certainly wouldnt' mind getting some of my money back from EA for some of thier other garbage titles.
However strong you think your argument is you have to rmember one fact. we're PC gamers we have no rights in regards to products we purchase at all. hell all you technically own for your $60 is a dual layer DVD, not even the information on that disk. Don't forget if you Piss off the wrong EA employee you can lose your EA account and all associated games/content.

If you can find any direct quotes stating that "Crysis 2 will be a DX11 game out of the box" then your suit may be legit, otherwise your just pissing upwind here. I'm currently trying to find interested legal parties to start organizing for gamers rights in regards to ownership/property and consumer rights such as refunds for products that dont live up to expectation/function correctly/etc etc. Tired of plunkin down chunks of cash for "rental" PC games.
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Melanie
 
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Post » Sat Jul 31, 2010 5:32 am

Only in America... Is there something you don't like? Lawsuit!

Come on, give them a break, sjeesh -.-
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Kay O'Hara
 
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Post » Sat Jul 31, 2010 7:05 am

We in America do have enough frivolous lawsuits to begin with, which is a terrible shame. What needs to happen is simple, EA and Crytek need to be more forthcoming about what they are doing with their games. I think it is perfectly reasonable to patch in DX11 support at a later date IF you make it clear before launch that is your intention. As far as current issues we are all dealing with, a bit more admittance to the problem and more updating that these problems are being worked on would suffice. Honesty is a universal value which anyone in any nation can appreciate.
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Bek Rideout
 
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Post » Sat Jul 31, 2010 2:25 am

pft over react much. Some how if you do sue cryteck, what developer would ever release a game on pc when the very people your selling to will not hesitate to sue your ass the very second you don't live up to there expectations.

ideas like this only hurt people like us in the long run, they can always make more money.
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Kat Ives
 
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Post » Sat Jul 31, 2010 1:30 am

Read the EULA. You have no rights...
This right here is my biggest issue with PC games and games in general. Why is this the only consumer driven industry where we have zero protections against corporate fruad, poor product quality, rights of ownership etc etc?

How did things get to the point now that we're effectively paying $60 for rented game access and a blank dual layer DVD?
Dont say blame piracy becuase thats an idiots argument imbedded in our culture to ensure villianization. the argument that a pirte game = lost sale is bogus logic at its finest. If someone pirates a game it stands to reason that they weren't planning to purchase that game anyway so no sale possibility was present to begin with, thus no potential sale was "lost". A potential Pirate is also

DRM is such a scam its atrocious that we've put up with it for so long.
pay $60
heres your game access, oh btw please leave all consumer rights at the door before playing!
Oh you said somethign we disagree with, well your access to our game is gone now, btw your not getting your money back (its in the EULA ) Oh well our product doesn't work for you, sorry but thats in the EULA too, no refunds regardless of product quality.
Working in retail the entire state of the game industry disgusts me. If we lose product due to theft it falls on our shoulders come inventory time. However we dont strip away our custoemrs rights when they walk in the door to prevent those losses. We dont tell people they have to leave bags, purses, coats, pants or any other item that could concievably conceal stolen merchandise. We dont strip search customers as they exit the store, we dont demand they agree to these proceedings in order to shop in our store. Why then does teh video game industry feel these actions are okay? Moreso why do we as consumers allow this Bullcrap to happen?
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Alycia Leann grace
 
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Post » Sat Jul 31, 2010 6:04 am

pft over react much. Some how if you do sue cryteck, what developer would ever release a game on pc when the very people your selling to will not hesitate to sue your ass the very second you don't live up to there expectations.

ideas like this only hurt people like us in the long run, they can always make more money.
expectation is not the same as advertised feature.

If I sell you a car stating it has advanced airbags and you wreck said car only to find your airbag was missing....you'd have everyright in the world to sue my ass for telling you there was an airbag when thier actually wasn't.
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Kelly John
 
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Post » Sat Jul 31, 2010 9:03 am

BS Thread, seen this already, anyone else want to add to the cesspool of threads around here??

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Matt Bee
 
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Post » Sat Jul 31, 2010 12:05 pm

The whole situation is a slap in the face to consumers.

Yeah, it's not the end of the world that Crysis 2 doesn't have Direct X 11.

But the fact of the matter is, countless people paid $60 for a game that failed to live up to its brand's reputation and does not have features that have been promoted for months. We deserve some kind of explanation instead of complete and utter silence.

PERHAPS WE DO NOT HAVE RIGHTS ACCORDING TO THE EULA. PERHAPS THERE IS NO BASIS TO SUE EA.

Why is this something that is just ACCEPTED?

Why am I a stupid lawsuit-happy American for saying that ANTI-CONSUMER EULAs are WRONG?

The credit card industry had a similar situation recently... PLENTY of ANTI-CONSUMER contracts that people, THE CONSUMERS, didn't give a damn about understanding. **** eventually hit the fan and what happened? Finally, small numbers people started grouping together and guess what, eventually the federal government made it illegal for these credit card companies to force these completely absurd contractual obligations on unknowing consumers.

Perhaps, gamers can unite behind this and do away with the ANTI-CONSUMER EULAs we're forced to abide by in a similar fashion as the credit card industry. This game is a PRIME reason why these absurd ANTI-CONSUMER EULAs need not exist.
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lillian luna
 
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Post » Sat Jul 31, 2010 8:16 am

I just hope we get DX11 and that the announcement comes soon.

PS: Have you been refused a refund? Because if you haven't I don't even see what damages you are trying to recoup. Also if you are trying to reclaim a GPU or something thats between you and Nvidia (Nvidia and Crytek have their own relationship).
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Sheeva
 
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Post » Sat Jul 31, 2010 4:21 pm

Acerimmer1, this isn't about recouping damages...

$60 is worth far less than the end of EULAs that allow greedy global corporate entities to engage in blatantly anti-consumer activities for their own gain.

The way CryTek has been responding, no doubt by order of EA, has just left such a sour taste in my mouth.

Have you played Crysis 2?

It's incomplete and broken in so many different ways.

The fact that EA had the BALLs to release a game in this condition just goes to show how arrogant they are and how they don't give a damn about the consumers that put money in their coffers. It's disgusting, really.
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Penny Courture
 
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Post » Sat Jul 31, 2010 12:13 pm

This has to be the most rediculous thing I have seen so far posted in this forum. I admit that I am not happy with DX11 shaved from the game. I am also dissapointed in the fact that I anticipated being utterly floored with the visuals and let down by the standard graphics that we would find in just about every game that has come to the market this year. That being said I loved the concept. I enjoyed the story albeit confused by the huge gap in continuation of the story line. Not to mention the changes made to characters however the ending to me was worth it and in my opinion made all the difference. I would elaborate but I do not want to spoil anything. Still even though it is DX9 I am surprised at the level of quality the game did have. But like everyone else I am really hungry for more. I want to see what my new system and graphics card can push out. This game did not test it's limits like I had hoped.

The level of hatred and anger in this forum is more surprising than the lack of DX11. I mean really, people are so upset and distraught that they would actually consider a class action lawsuit. I am not saying that it couldnt be proposed. I am also not saying that there wouldnt be a money grubbing lawyer that wouldnt take the case but the actual thought of a Judge taking the time to hear the case is beyond me.

I would post a "you guys need to cool down message" but that would only attract more hate speech and attacks on myself which I am sure are coming but I will not be responding to them. All I need to say is that everyone is entitled to an opinion but it is how you express your opinion that sets an example of what kind of a person you are and whether you deserve respect or a response. Keep that in mind when you wonder why you have not seen any response from Crytek within the message threads.
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Charlotte Henderson
 
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Post » Sat Jul 31, 2010 2:34 pm

It's time to set the wheel in motion, if this class action lawsuit is successful - We might be entitled to full refunds of our purchase, but there's something greater at stake... The full-blown exposure of the video game industry's greed and corruption, and the potential to never see another blatant console port again.
Or they can turn around say we just won't port any game to console ever again and you can hope other publishers carry on to publish to PC as there are too many pirates for us to make publishing to PC viable anymore.
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ijohnnny
 
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Post » Sat Jul 31, 2010 4:31 pm

the only thing we can do as pc gamers is to say no to the stupid limited editionand pre order features.. wait for the game to come out, check some comunity feedback and if people are happy, buy it, if they arent. dont buy it.
because now, they look at the pre order numbers and are like wow, it wouldnt actually make a difference if we sold the game in this shape because alot of people have pre ordered and the will eventually get the game before all the complaints start..
but if people wont pre order, they'll have to think twice before they lie about their games..



MOTHERF*CKERS.
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Samantha Pattison
 
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Post » Sat Jul 31, 2010 7:36 pm

djdouglas, read what I said about the credit card industry.

This isn't just about one game, it's about EULAs and corporations that basically make us sign away our rights so they can release whatever half-assed product they want and have nothing to worry about.

Have you played Crysis 2?

The game is broken, incomplete, and lacks a key feature that the community (the community that enabled their lucrative business dealings with EA in the first place) has been salivating at for years.

I personally think it's wrong that EA can even get away with forcing consumers to sign away their rights if they want to play a broken and incomplete game.

It's just dirty business.

Or they can turn around say we just won't port any game to console ever again and you can hope other publishers carry on to publish to PC as there are too many pirates for us to make publishing to PC viable anymore.

Funny you should mention that. That was what CryTek said in response to Crysis' lackluster sales figures.

Why would EA purchase the publishing rights to a game franchise that totally bombed in sales, but had a reputation that was extremely respected and valued in the gaming community?

Because they knew they could capitalize on said brand's valued reputation...

THAT'S THE POINT. THIS BUSINESS DEALING WAS DONE ENTIRELY BASED ON THE MERITS OF CRYSIS' REPUTATION. - THE REPUTATION WE ALL BOUGHT INTO WHEN WE PURCHASED CRYSIS 2.

But who knew they would take that brand's reputation and completely destroy it, alienating the consumers that set the value for that reputation in the first place?

That's just dirty business.

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Adam
 
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Post » Sat Jul 31, 2010 5:03 pm

Bottom line is, the eula says you barely own the box it came in.

They've said they're patching dx11 in, sure it probably wasn't ready in time, you could blame the MP demo we biched for slowing them down, however ultimately the game developers have some guy with a match and their employment contracts standing over them making sure they stick to deadlines, which makes perfect business sense, artists and devs can tinker with things FOREVER.

However as a gamer, I honestly do not mind waiting a month or two extra past the expected release date (part of the reason i never pre-order anything), if a developer honestly thinks that a month of spit and polish will deliver significantly better game (ie more bugs ironed out, some cool features made ready). Blizzard knows this, diablo3 is possibly vaporware, but is more likely done when its done.

Having some extra tesselations, shiny lights or more detailed floors, well thats not really a big deal, the SP runs for the most part, it looks mighty fine for a dx9 title (puts most dx10 ones to shame), the fact it runs on laptops is an epic achievement in itself.

Don't get me wrong, Crysis2 is still more buggy than alot of beta mods out there, and it will take probably a few months of patches to get it up to scratch, get angry about the servers, the lack of lan, the servers and login issues, the inability to play with someone on the same connection as you, ai that tk's and wallhacks intermittently. If you're overlooking these glaring issues to cry and sue about the lack of some pretty lights and more detailed rubble....well you've drawn possibly the most arbitrary line I've seen this year.

EDIT

Also American's....you are a ridiculous people.

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Tammie Flint
 
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Post » Sat Jul 31, 2010 10:26 am

I have had no problems with this game.

Go outside and enjoy some sunlight for a few hours, it sounds like you need it.
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Keeley Stevens
 
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Post » Sat Jul 31, 2010 9:37 am

Don't get me wrong, Crysis2 is still more buggy than alot of beta mods out there, and it will take probably a few months of patches to get it up to scratch, get angry about the servers, the lack of lan, the servers and login issues, the inability to play with someone on the same connection as you, ai that tk's and wallhacks intermittently. If you're overlooking these glaring issues to cry and sue about the lack of some pretty lights and more detailed rubble....well you've drawn possibly the most arbitrary line I've seen this year.


I addressed that in the original post.

Let's not even mention the plentiful amount of broken features in the game such as Multiplayer, Limited Edition Download Content, etc. etc. Or shall we?

It's simply dirty business to force us to sign a EULA giving up our rights for a broken product that simply doesn't work.
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Guy Pearce
 
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Post » Sat Jul 31, 2010 4:13 pm

Bottom line is, the eula says you barely own the box it came in.

They've said they're patching dx11 in, sure it probably wasn't ready in time, you could blame the MP demo we biched for slowing them down, however ultimately the game developers have some guy with a match and their employment contracts standing over them making sure they stick to deadlines, which makes perfect business sense, artists and devs can tinker with things FOREVER.

However as a gamer, I honestly do not mind waiting a month or two extra past the expected release date (part of the reason i never pre-order anything), if a developer honestly thinks that a month of spit and polish will deliver significantly better game (ie more bugs ironed out, some cool features made ready). Blizzard knows this, diablo3 is possibly vaporware, but is more likely done when its done.

Having some extra tesselations, shiny lights or more detailed floors, well thats not really a big deal, the SP runs for the most part, it looks mighty fine for a dx9 title (puts most dx10 ones to shame), the fact it runs on laptops is an epic achievement in itself.

Don't get me wrong, Crysis2 is still more buggy than alot of beta mods out there, and it will take probably a few months of patches to get it up to scratch, get angry about the servers, the lack of lan, the servers and login issues, the inability to play with someone on the same connection as you, ai that tk's and wallhacks intermittently. If you're overlooking these glaring issues to cry and sue about the lack of some pretty lights and more detailed rubble....well you've drawn possibly the most arbitrary line I've seen this year.

EDIT

Also American's....you are a ridiculous people.i read two lines of your post and i really have to comment how simplistic and optimistic you are.. the demo can be made in 1-2 days if they focus their work on it..
after the release of the game they had to patch to change the "push start to begin" to "press enter to begin" and i have programming experience and i dont think that takes more than 2 minutes for a single developer. the game is a straight console port. they said the game was a true pc game but because of EA, they didnt have enough time to cover up their lies with some fancy dx11 features like soft shadows and some better lightning and a HUGE performance loss which shouldnt be the way if it was built for dx11 from the ground up.

the fact they didnt even put advanced graphics settings proves it, and also that u have to adjust brightness so it can fit your TV SCREEN. :p

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Ashley Clifft
 
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Post » Sat Jul 31, 2010 6:46 am

rofl cmon really...black ops was way worse of a release.. i couldnt even play that game at all for almost 2 months from release
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Juanita Hernandez
 
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