Geeky, I have observed most of your posts and agree with 99% of what you have said. I think your anolysis and comments have been spot on. However, I disagree with your comments on "no lawsuit." That's just not accurate. The "back up plan" you have mentioned is not a back up plan at all when a company knowingly releases a product with defects, but purports that it will operate as is represented, either on a single platform or in comparison with other platforms. Bethesda has "unclean hands" on many fronts from a legal perspective even without regard to the DLC issue. In the legal sense, there is a very strong issue of fact concerning whether or not they have committed fraud and misrepresentation in releaseing the product on PS3 in the first place, with the known bugs, glitches, and programming failures. No subsequest patch has completely restored the game to a normal level, and future patches have tended to make the game worse for many users. When you add in the DLC issue, we jump even further into the arena of the Uniform Commercial Code and express and implied warranties, as well. Bethesda has run afoul of many express and implied warranties, including "merchantability" and "fitness for a particular purpose," among others. The iniitial release information on the game and the subsequent information on the DLC's have all expressly and/or impliedly promised the a basic standard of quality, and promised that standard across ALL platforms.There is a very significant legal wrong being visited on the PS3 users now and continuing, and the viability of a legal case is very real and very significant. Do we have an update YET???
^^ This exactly.
Bethesda is liable for releasing a defective product. It simply does not perform as described. This is not a matter of their express warranty, this is a matter of warranties that protect all consumer goods.
Unfortunately, these implied warranties would not generally cover the specific performance of the game's content. They do, however, cover the physical state of the disc. If it does not perform all of the actions it is described as being capable of, it is defective.
The "poor performance" of the game is not an issue that can be addressed legally, outside of providing peripheral information relevant to any claims put forth (essentially, "establishing the character" of Bethesda as a PS3 coder). The misleading statements, however, are tied into the defective state that the product was delivered in, and could come back to bite Bethesda. Hard.
A while back I posted that this would be resolved, one way or another, with the release of the 3rd DLC. If it does not come to the PS3, the stage will be set to take action against Bethesda. At that point, they will no longer have the legal standing upon which to continue to say "we're working on it." With a DLC announcement coming in the next week or two, we don't have long to wait and find out.