Legal Question on Video Games

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Ok, here's one for ya...
A software developer releases a video game. This game is full of bugs and glitches, and in some cases can make the game unplayable for some people. The developer and the company released the game say there is nothing they can or will do. Each say it is the other company's problem now.
There are possibly hundreds, if not thousands of fans out there who have spent money on a product and just simply want the product fixed.
The game that came out is a sequal and you can import characters from the first game into the seqaul. The problem is with some of the glitches, depending on how you developed your character in the first game, that player can be unplayable in the first game.
What kind of legal action, if any, is there against the developer and the company that released the game? Class-action?

 

I'm not really into legal stuff, but it seems to me that the developer is to blame, not the distribuitor. Still I don't think you can do anything other than sue the developer...

 

There's utterly no point in legal action. What exactly would you be suing for? If a game doesn't work, take it back to the place you got it from and get a refund, or wait till the developer puts out a patch.

Just think about it. The company made a bad product. So what? They didn't force you to buy it, you made that decision. If you didn't read reviews of the games and so on, they're not at fault.

 

There is not much you can do. Games come with a license agreement (EULA) and those agreements more often than not say that you can't sue the morons for anything, including situations when damage can be done, they know it and they don't tell you. I'm still not saying it isn't doable, but it would be a damn hard case and it isn't worth it.

If the game weren't playable, in the sense that there would be no way of finishing it, and they refused to make a patch, then it could be a bit easier, but still not much so. Or if something were different from what the publisher assured (like minimum specs or whatever).

But if the license agreement contains no such waivers, you should be able to sue. The problem is, you couldn't probably afford a good lawyer without burdening your budget too heavily, but the company already has a team of seasoned litigants, so it will likely come up with something you can't beat.

Class action... maybe. But what lawyer would take it? Without strong evidence of fraud, like the company knowingly releasing a buggy product in order to rip off the customers, it would be a risky venture. Should be easier to deal with broken hardware or lost data claims this way. But I don't see much of a way here of getting redress for destroyed hopes, lost comfort, poor playability and the like.

Not like I'm an expert in common law, let alone class action.

 

Although IMO releasing a game such as ToEE is wrong, I don't blame publishers/developers for protecting themselves from lawsuits. Generally speaking computer users are uninformed consumers. Ask them what they have and they say "Oh I have 'brand name'. " Maybe they can tell you if they have XP or 98. That's about it. Plus Grandma has a grandson/daughter who loves to play computer games. She sees the latest game advertised. Buys and gives to grandchild.

Computers are complicated machines and get more complicated. All sorts of things can cause problems and spyware, trojans etc can also cause problems.

Until consumers become better educated and refuse to buy something just because it is the latest thing we are going to have problems.

We are lucky on this board to be able to turn to each other for help.

 

If you buy it...don't like it...return it. Save your receipt and tell your friends...but you have no legal recourse. 'Class action?'...give me a break. Remember...the key word in all this is 'games'.

This is not a 'legal' matter, but a 'consumer' matter.

Sheesh...quit thinking everyone is responsible to you, and do some research before you buy something.

 

An unplayable game hurts the publisher and developer badly in the long run. After the debacles around Pool of Radiance and ToEE, how many people will trust the companies involved again?

 

Until the part of importing characters into the game of the previous version, i thought this was about VTM BLoodlines.

 

Hmmm - interesting, and generally I agree with HS. If your game is defective, then you are entitled to a refund at the place of purchase. Beyond that, I don't think you can sue for anything. Besides, what are you suing for? What type of damage have you received from a buggy game? All it cost you was some extra time and gas money in taking the game back, so class action seems like a stretch to me.

 

Of course it's a stretch. Isn't the whole of civil law?

But, seriously, there is an amount of time lost while getting the game, playing it, dealing with the bugs, waiting in vain for a patch and then dealing with the refund formalities. And I doubt anyone would ever return your money just because the game is buggy. For a crappy CD, yeah, but not for a crappy game.

It's a nice theoretical problem to ponder, but I still say it's not worth it, anyway.

 

IMO problems with ToEE were nothing compared to problems with Daggerfall (or Buggerfull.......)
It seems also, that Morrowind didn't suffer much because of its predecessor...
Back to the topic, if you want to do something against developer you don't like, stop buying its games...and tell your friends what they can expect from that company...