I'm doing research on starting a class action lawsuit against Bungie and Activision for how they sold The Taken King via false advertisement, cut content from players who didn't purchase TTK without warning or word, overcharging oversea players over twice as much as American players by ignoring currency exchange rates, and overpricing a DLC which content was nowhere near worth the price. There are some solid things that TTK will automatically land Activition and Bungie in court, mainly false advertisement and the currency exchange rate. If I can get enough people to back me up here, so I know I can get some supporters for the class action lawsuit, then I will go ahead and file the lawsuit and post it if it's accepted and in the pending stages. I was robbed of what I bought and I want it back for free, because I paid for it.
I am also going to add in this class action lawsuit the abuse of Bungie's EULA. To use that to build a set up to lock out customers to repay for content they already paid for is going beyond reasonable use of EULA. Having one model of business written, then using a different business model to generate revenue is illegal. There is nothing Bungie states in it's EULA that this is a subscription based game and people who don't pay every 3 months will be locked out. Big mistake. If successful, this class action lawsuit will be the gaming equivalent of Abercrombie and Fitch being sued by their employees of their policies and terms that were unethical.
Check out my other forum and share this shit!!!!!
https://www.bungie.net/en/Forum/Post/154255784
English
#Bungie
-
3 Odpowiedzievery day of the week a company loses a court case where they thought they would win.... Just a couple of weeks back i was informed that the class action i am part of will be getting a strong settlement from a major company who thought they could not be beaten. it is a nice chunk of monies .
-
2 OdpowiedziHere comes everyone and their degrees...
-
1 OdpowiedźBumpity bump.
-
You dumb as hell.
-
14 OdpowiedziEdytowany przez użytkownika Kweh: 9/18/2015 10:43:03 PMI was brought here by a fellow forum member (XBAMNX, thank you for the heads up) to provide this information. Here are some precedents of cases that were fought against EULA. People have fought, and won. The precedents exist. Bobbs-Merrill Co v. Straus (1908) US Supreme Court- No license required to use copyrighted material. License "claimed" by copyright holder cannot extend holder's rights beyond statute defined by Congress. Advent Sys. Ltd. v. Unisys Corp (1991) held that the sale of software is the sale of a good within the meaning of Uniform Commercial Code. Downriver Internists v. Harris Corp (1991) held that the sale of software is the sale of a good within the meaning of Uniform Commercial Code. Step-Saver Data Systems, Inc. v. Wise Technology (1991) the court concluded that subsequent changes to the Copyright Act had rendered the need to characterize the transaction as a license to use software "largely anachronistic.". Applied Info. Mgmt., Inc, v. Icart (1997) held that the sale of software is the sale of a good. Novell, Inc. v. CPU Distrib., Inc. (2000) The first-sale doctrine applies to software. Softman v. Adobe (2001) The first-sale doctrine applies to software and can not be waived or taken away through an EULA. Krause v. Titleserve (2002 2nd Cir Appl) Titleserve owned the software; Krause was confusing ownership of a copyright with ownership of a copy of the copyrighted material. Timothy Vernor v. Autodesk (2008 9th Cir W. Wash) Order by District Judge stating that Autodesk's software was SOLD NOT LICENSED and that the Plaintiff, Timothy Vernor was entitled to use the First Sale Doctrine as a defense to alleged copyright infringement. Timothy Vernor v. Autodesk (2008 9th Cir W. Wash) Second Order by District Judge stating that Autodesk's software was SOLD NOT LICENSED and that the Plaintiff, Timothy Vernor was entitled to use the First Sale Doctrine as a defense to alleged copyright infringement, AGAIN. This case is now before the 9th Circuit Court of Appeals. Do what you will with this information. I just don't want people to be scared of the legalese of EULA anymore. There is so much ignorance going on in these forums in regards to this.
-
Edytowany przez użytkownika FictionalGaming: 9/24/2015 4:31:40 PMPrecedent allows Bungie to sell their game like this....WoW. new expansion comes out. Okay you can't have access to the new content without the expansion. Everything they said was going to.change was stated.in one form or another. Precedent has been established by World of War craft bundling their old shit for 20$ and charging 40 to 50$ for the new stuff. You see 13 million people suing them. No because we PC people are a bit more intelligent than you and oh also we actually understand the way they sell their game. You talk about price exchange rates....whoopdy Basil what does it all mean? It means they sold their product for the 40$ it was in Australia currency or Europe's currency THAT'S NOT A CRIME AT ALL. EULA has no...NONE ZIP NADA no legal standing here when precedent has been established. You're going to lose the court case before it even gets in front of a judge. Actually you just lost. Good day
-
With MMOs or any online content, when they shut down servers you are no longer able to play a game you paid for as well. They are also allowed to charge as much as they want for a title. You choose to buy it after all. Just don't buy the game if you are upset. Honestly though, TTK is a step in the right direction for destiny. It's still grinding but they make it a little less obvious. I feel they did make the new class too good for though.
-
You do realize you allowed them to update previous content with new expansions when you signed the terms last year right?
-
Good luck mate
-
4 OdpowiedziEdytowany przez użytkownika aRobertMarks: 9/23/2015 5:01:40 AMBecause of how Bungivision has treated their Y1 players that chose not to buy the 3rd DLC, I decided to uninstall my game today. It freed up 14.4 GB on my HDD. This feels pretty sweet and liberating. I was going to just wait a couple months for TTK to go on sale but they wanted to be greedy little slobs and coerce people into giving them money to make the game playable again. This is one customer gone and I highly doubt I am alone.
-
12 OdpowiedziEdytowany przez użytkownika DsrGGuy: 9/19/2015 6:11:49 AMGood luck numb nutz. Isn't this a "fool me twice" scenario? Well, obviously you are that dumb, so let me make this short and simple. Do some -blam!-ing research dips hit and stop copy/pasting every complaint you see on this forum without some factual evidence to back your shit up. The price difference between the UK and us has a purpose and this is far from being new you twit... more then double? You can't comprehend basic math, how do you even consider typing your bs onto this forum. Ps, your entire complaint is full of childish bs with ignorant and narrow minded views. I really wish people like you would just gtfo the forum and stop flinging your glowing red pussy around asking for someone to rub some vagicil on it
-
7 OdpowiedziBungie has stated that this game is planned to go on for 10yrs and that it was a going to be somewhat of an experimental run in the beginning. You, the consumer, always had a choice. You were not forced or robbed and like all transactions online "all sales are final" that's where you are going to lose. Microtransactions are worse than everything you stated and yet it's legal. Any lawsuit you try to even bring to the courts concerning this will just be ripped and trashed because you always had a choice. Grow up and quit believing you're entitled. This game is one of the top 6 on twitch... Seriously?
-
Edytowany przez użytkownika Offstar: 9/24/2015 9:47:31 AMWell there are some holes in many things you want to use. When it comes to the cost and what you get well there's no laws against that. They could literally sell 1 item for a million dollars or a million items for 1 dollar. And they can sell that at varying prices. That entire part of what you want to do is useless. The only thing you have a chance with is them cutting content to people who don't but The Taken King. However you also probably don't have a chance there either. Since most likely in the terms of agreement you'll find stuff that you agreed to that allowed them to do this.
-
You had a choice to buy it. No one forced your hand. If you were a smart consumer you would have waited to see reviews or gameplay and decide after whether it was worth your money to buy. Its your fault for not checking more thoroughly before spending your money. If you really do try to take them to court, then i hope they dont laugh at you to hard.
-
Good luck, although I doubt you'll get anywhere.
-
-
I'm gonna start posting links on the app for you we'll get this train moving
-
-
1 OdpowiedźI find this hilarious... Thanks for the entertainment.
-
3 OdpowiedziYou realize if that happen because it won't you would lose 100 times over because of how strong activision is and how they will continue to grow no matter what.
-
1 OdpowiedźThe flood will support you
-
Are we talking about what the guy is saying or to what I said? I'm confused.
-
1 OdpowiedźSo you guys kinda make a good point on the matter of what's wrong with Destiny. I really wasn't really think it through that well apparently. Yes, what I said was BS. You guys do the actual looking into the game to see what's wrong.
-
2 OdpowiedziYour just going to waste more of your own money in doing this haha
-
Who said I was complaining? I was just pointing out Bungie try's to do for us, I do agree with everyone on how the pricing is ridiculous, but sueing? I would rather play than complain.
-
Why are you people wasting there time TRYING TO SUE FOR ONLY ONE DLC?! Why would you do that for? You have to stop looking at from the gamers side from where you just pay and play the game. You have to look at it from the developers view. Just think of all the time that they put into Destiny for YOU to play, here are a couple of things if no of what Bungie did for us. Set up the story, all the strikes, all of the shaders names and color features, pvp names, maps to play, weapon models, paint patterns, all the types of weapons, weapon names and earning system. That's probably just to list a few. SO QUITE YOUR WINING!!!