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#feedback

9/26/2015 7:01:51 AM
30

My reply from the Citizens advice bureau

Here it is, in full: We understand from your email that you have found that you have been locked out of some of the content from the first two pieces of downloadable content (DLC). You feel that the term in the End User Licence Agreement (EULA) specifying that the developer may change or restrict the content, is an unfair term. Your rights and obligations Your rights here would be against Activision, the publisher of the game and the DLC. As the Consumer Rights Act does not come into effect until 1st October 2015, your rights would be contained within the common law. Under the common law, you can expect any content and service to be supplied in line with the way it has been described. This may take into account any advertising, information on the trader's website, information in any terms and conditions or EULA, and so on. You may also expect the product to be delivered in in line with what is reasonable to expect, given the nature of the product. In the case of this game, you would consider "what is reasonable to expect of a game that has elements of a first-person shooter, and of a multi-player online role-playing game?". If the product is not delivered in line with the above, you may hold them in breach of contract. You may seek damages – typically this would be an amount of money to reflect the difference between the way the product was described, and the product you are actually receiving. In this case, you may argue that by changing or restricting the content, the trader (Activision) is in breach of contract, as what you are able to access now is different to what you could previously access. However the trader may argue that it is reasonable to change or restrict elements of a product where such changes are made to improve functionality, introduce new content, and so on. They may also argue that in many multiplayer online games, the content changes over time, and so it is reasonable to expect that the accessible content in this game will change over time. Ultimately, it would be for a civil court (e.g. 'small claims') to determine whether the trader is in breach of contract, and if so what you are entitled to by way of recompense. Your next steps If you wish to pursue this, we would advise to take a formal approach and write to the trader. The letter should outline any relevant events regarding this issue and make it clear what you expect from the trader and why. It should also give the trader a reasonable time to resolve the matter. You can find guidance for how to set out your letter on our website. We would also suggest that any letter is sent by recorded delivery and that you keep a copy – this may help you prove that you have contacted the trader and tried to resolve the matter amicably, and also you can use the ‘Recorded Signed For’ label the post office will supply you with to confirm that the trader has received the letter. What we will do We will inform Trading Standards about this issue. Whilst this doesn’t help you resolve your problem, it gives Trading Standards vital intelligence about how the trader operates their business. If Trading Standards look at the terms and consider they could be seen as unfair, they can take appropriate action. So that we can do this please can you provide your address and postcode – as there is no ‘central’ Trading Standards Authority, we need a postcode to determine which Trading Standards Authority we would pass the case to. You can provide this by either responding to this email or ringing the below number. It would also be helpful if you can provide your telephone number, in case Trading Standards wish to discuss this further with you. Please note your details would not be shared with the trader you refer to in your complaint but may help Trading Standards to contact you if they need to ask further questions.
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