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Bad games, will it hurt the consumer?

SarykSaryk Member UncommonPosts: 476


I won't mention a game already out for arguments sake.

But say I make a MMORPG game called Gkarn's World.

I hype it up, sell 500k copies. The game is released on the date it is supposed to.

But man does it suck. This is the worse game since whatever.

I lose 90% of my subs the first month. And 10% isn't enough to pay

the bills. I decide to shut down the game.

Am I liable for my games out there?

Meaning, you bought a brand new game, and cannot play it.

Or is the consumer screwed?

Comments

  • ChaiaChaia Member Posts: 81

    You should recall all of the games still out there.

  • terrantterrant Member Posts: 1,683

    Yes, a recall should be provided.

    However...I'd have to check the legalese on this but...

    MOST EULAs nowadays have some sort of statement in them indicating that the game's creator does not garauntee your ability to connect to their game, or the amount of time you are able to play. Typically they also statte service can be suspended at any time for most any reason the provider wishes.

    That said, they aren't liable as long as the software works client-side. If you can install it, click the icon, and woof! the game loads, they're usually covered. whether you can log in or not is your problem. I wouldn't doubt most companies would issue refunds to disgrunteld players, but I doubt you'd have lawsuit material here.

  • CognetoJoeCognetoJoe Member Posts: 446

    recall , refund for the intial purchase of the title and have endless beta  , and the rerelease that game under a new name and new coat of paint while keeping the endless beta open endlessly,

  • shaeshae Member Posts: 2,509

    I don't, I've always taken small retail as buyer beware. Yeah it sucks and sure technically you were royally hosed but really.. is it that big a deal? You dropped some cash on a bad game, it's certainly not a first and by no stretch of the imagination will it be a last.

    Move on, chalk it up to experience, tell your friends so they don't repeat your error and look forward to the next one.

  • All you need to do is the same thing Blizzard (or I goess any MMO dev for that matter) does, and stipulate in the EULA that you have the right to shut down the game at any time.  Technically, it is quite legal and the consumer is just flat out screwed.  Unfortunately, that is the risk we take as consumers when purchasing software.

  • wolfmannwolfmann Member Posts: 1,159

    No EULA would stand up in court I believe.

    Basicly, the EULA's of most MMO's could be compared to you having to sign a contract for reading the book you just bought, and that contract says:

    "We take no responsibility whatsoever.

    Even if we know that page 15,61, 27,28, 251,252 and 345,346 are missing.

    Even if we know Chapter 5 is rom another book.

    Even if your copy came with 500 unprinted pages.

    We take no responsibility."

     

    It's just that with the game industry, we have accepted their crap so much they get away with it, while the book industry barely get away with a typo in their books.

    imageThe last of the Trackers

  • ArcheusCrossArcheusCross Member Posts: 793
    Originally posted by shae


    I don't, I've always taken small retail as buyer beware. Yeah it sucks and sure technically you were royally hosed but really.. is it that big a deal? You dropped some cash on a bad game, it's certainly not a first and by no stretch of the imagination will it be a last.
    Move on, chalk it up to experience, tell your friends so they don't repeat your error and look forward to the next one.

    I agree with shae on this one. Most educated gamers can usually tell if a games going to be a bad one, Through betas, forums, research, etc. and thus avoid it like the plague. True some games flop that look to be good, but thats just the way of things. Gamers can usually avoid a bad taste for money wasted by just checking in on a game before buying.

    "Do not fret! Your captain is about to enter Valhalla!" - General Beatrix of Alexandria

    "The acquisition of knowledge is of use to the intellect, for nothing can be loved or hated without first being known." - Leo da Vinci

  • ArcheusCrossArcheusCross Member Posts: 793

    Originally posted by wolfmann


    No EULA would stand up in court I believe.
    Basicly, the EULA's of most MMO's could be compared to you having to sign a contract for reading the book you just bought, and that contract says:
    "We take no responsibility whatsoever.
    Even if we know that page 15,61, 27,28, 251,252 and 345,346 are missing.
    Even if we know Chapter 5 is rom another book.
    Even if your copy came with 500 unprinted pages.
    We take no responsibility."
     
    It's just that with the game industry, we have accepted their crap so much they get away with it, while the book industry barely get away with a typo in their books.

    True, But in the end, Gamers/customers will always prevail. Word of mouth kills. ;) There are a few gaming companies I will never again buy from due to bad practices.

    "Do not fret! Your captain is about to enter Valhalla!" - General Beatrix of Alexandria

    "The acquisition of knowledge is of use to the intellect, for nothing can be loved or hated without first being known." - Leo da Vinci

  • MythokiaMythokia Member Posts: 30

    It's not just the game industry, just about every software has a draconian EULA, and if we seriously considered the terms put forward, none of us would probably use any of it. We've learnt to ignore the and just accept the EULA which is why companies can get away with it.

    ArcheusCross and shae have summed up the important points: Do some research before you buy. Most (established) companies wouldn't suddenly pull the rug on you because they've a reputation to protect and uphold. Even if the game flops entirely, chances are, at least a server would be kept functional even though you'd probably quit on your own free will.

  • SarykSaryk Member UncommonPosts: 476

    I am going to play devil’s advocate here. Out of all the material possessions that I own. This is the only one where someone can shutdown their part and I cannot use my item.

    Out of all the computer games that I own, I can play all of them no matter what. I mean Atari 2600 systems and games are still out there and playable.

    It would be different if they gave or sold their server side data, so the game could be redone, still played, etc. Or the company goes out of business then that’s a different matter.

    Legally I have no idea what could be done. I am no lawyer, and don’t pretend to know anything about the subject.

    But in my opinion, MMORPGs are first bought with cash. Then you get a month free, then you start paying. So you have a continued investment of time and money. I feel it is unfair to the consumer that they can just shutdown your investment. When the company is still making other products and is still in business. And not only that, it’s when they demand that you cannot sell your investment ( I do not agree with selling anything other than accounts).

    If they were to make it where the client software was free, then charge a monthly fee, then I wouldn’t complain.

    But I could be full of it.

  • VortigonVortigon Member UncommonPosts: 723

    I think one day the law will be challenged/changed with regard to this section of EULAs.

     

    Think about it...I could create a small crap game, hype it up to hell, say it will be this and that...20 years of free expansions...blah blah

    Sell the game for £50, then take the money from all my sales and do a runner.  Provide no online service whatsoever and give some excuse why the game died and could not be continued.  My EULA saves me from any backlash and i'm in my mansion, drinking tequila enjoying the good life.

     

    One day this will happen and EULAs will have to represent a binding contract for both parties.

     

     

     

    .............................

    By the way I am releasing this fantastic MMO next month, it only costs £50, has free 20 years of expansions, its teh awesome!!!

  • DbknnDbknn Member Posts: 61

    you basically just described every console game ive ever played. are the consumers screwed? yes. we fell for it again. but you cant continually screw people. eventually people see your name attached to something and put the box back down to find a different game.

  • SarykSaryk Member UncommonPosts: 476

    Originally posted by Dbknn


    you basically just described every console game ive ever played. are the consumers screwed? yes. we fell for it again. but you cant continually screw people. eventually people see your name attached to something and put the box back down to find a different game.
    This is true. But you can still play the game. Yes there are games that suck. I'll give a great example here.

     

    Vanguard Saga of Heroes. I bought 3 copies, one fore me, wife and son. We love this game. But a majority of the players hate it. I built all of these systems and they are awesome for Vanguard, max graphics the works.

    But we three can't support Vanguard(really me). So say they shut down the game. We bought the game $50.00. We cannot play the game without a server. See the problem?

    The to top it off, they can shutdown the server, and screw us. But when it comes to selling the copies to someone, they cry foul.

    I think that the consumer has the crappy end of the stick in all situations with MMORPG games. Now some would say "Deal with it" or "you'll know better next time". Those exact phrases is why we get screwed, we don't all cry in one voice.

    As gamers we should expect atleast decent material from MMORPGS.

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