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GameStop Used Game Lawsuit

A lawsuit has been filed in the Northern District of California against GameStop, citing deceptive practices relating to used game sales. IGN has details on the suit, which stems from a customer buying a used copy of Dragon Age: Origins with the belief that additional DLC was available for free based on the cover blurb. Of course this DLC is part of the new trend intended to impede used-game sales, which the customer learned when they tried to get the DLC, which set them back an additional $15.00, making their final purchase price for the used game $10.00 more than the cost of a brand-new copy (that sound you hear is EA execs exchanging high-fives). IGN has a copy of the complaint in Adobe Acrobat-format, and an article on this on Gamasutra offers thoughts from an analyst saying that GameStop will probably be able to remedy this problem by affixing stickers to used games clarifying DLC availability.

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17. Class Action Nonsense Mar 26, 2010, 12:34 I've Got The News Blues
 
This complaint is a typical attempt at a class action lawsuit. If it is approved by the court for class action status (and it probably will be since it is well written and makes a decent argument), then I predict that the result of this lawsuit will be a settlement in which tens of millions of dollars in legal fees will be awarded to the plaintiff's attorneys, the original plaintiff (James Collins) will receive a relatively small cash payout of a few thousand dollars, and the rest of the members of the class (Gamestop customers who submit the forms to be part of the settlement) will receive discount coupons off future Gamestop purchases.

So, hurray for consumers! Once again the American legal system works. I can't wait to get my coupon for 10% off at Gamestop.

This comment was edited on Mar 26, 2010, 14:16.
 
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16. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:34 Verno
 
Lorcin wrote on Mar 26, 2010, 12:30:
It may be mildly annoying if that's what you mean by legitimate beef but to SUE - I mean come on.

I don't care whether their well informed or not - in any other country the most this would ammount to would be a phone call followed by the person thinking "oh well still saved some cash on the game anyway - and the dlc is probably crap anyway".

Not a lawsuit.

The law isn't based on scale, otherwise people could continually rip you off for $5 here and there and never be punished for it. Besides, this will go before a court who will determine whether it's worthy or not.

I find it hard to believe you really think this is frivolous, have you considered that this company sells millions of similar products every year? If the entire industry continues to trend towards post-launch DLC pack-ins then this is a serious issue in terms of money for the industry. Decisions on cases like this help determine how that will be handled going forward.
 
Avatar 51617
 
Playing: Alien Isolation, 7 Days to Die, Dragon Age Origins
Watching: The Canal, Brazil, The Town That Dreaded Sundown
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15. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:34 PHJF
 
And here come the douchebags in droves claiming oh no, just because you buy something doesn't mean you own it.  
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Steam + PSN: PHJF
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14. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:31 mch
 
Creston wrote on Mar 26, 2010, 12:30:
And I think the guy stands a good chance of winning.

'the guy' being the lawyers, of course
 
PSN: CaseDesignate
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13. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:30 Creston
 
Yep, EA is laughing their ass off. And I think the guy stands a good chance of winning. If Gamestop sells games like that, it's going to have to change the box to prevent it from saying anything about the free DLC.

I hate to say anything good about EA, but I think they've come up with a smart way to fuck with used game sales.

Creston
 
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12. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:30 Lorcin
 
It may be mildly annoying if that's what you mean by legitimate beef but to SUE - I mean come on.

I don't care whether their well informed or not - in any other country the most this would ammount to would be a phone call followed by the person thinking "oh well still saved some cash on the game anyway - and the dlc is probably crap anyway".

Not a lawsuit.
 
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11. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:27 Beamer
 
Only if new. Once it has been put up for resale, it is no longer the product that EA was advertising when they made the box. It has left their chain of control.

Regardless it's in their benefit to properly advertise this. That way Guy A picking up Game X at GameStop takes a look at the new game, the used game, and can properly figure out which is the better value before making his purchase.

And he'll realize it's the new game and GameStop and EA will split the profits, rather than GameStop taking them all.
 
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10. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:26 Verno
 
It's a legitimate beef, not everyone reads gaming websites and understands how the industry functions. Did you really expect someone buying the console version of Dragon Age to be well informed?  
Avatar 51617
 
Playing: Alien Isolation, 7 Days to Die, Dragon Age Origins
Watching: The Canal, Brazil, The Town That Dreaded Sundown
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9. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:25 Bludd
 
I think selling and buying used games is worse than piracy where no money changes hands. When you buy and sell used games, the makers and publishers of the games don't get a dime, but someone else does thus profiting on someone else's labor. When you pirate a game without any money change, nobody gets any money.  
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8. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:24 Lorcin
 

http://graphjam.com/2010/03/25/funny-graphs-initiating-lawsuits/

Talk about sue for the sake of sueing. I mean not even an emo would cry about this.
 
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7. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:21 Verno
 
Yeah exactly. If Gamestop wants to be the business of selling used products then they can accept the liability that comes along with it. Otherwise they can start making their own games instead of continually doing their vampire act on the gaming industry.  
Avatar 51617
 
Playing: Alien Isolation, 7 Days to Die, Dragon Age Origins
Watching: The Canal, Brazil, The Town That Dreaded Sundown
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6. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:11 Blackhawk
 
Mac wrote on Mar 26, 2010, 12:03:
Isn't this a problem for EA - advertising something on the box which is not always available isn't right? Why should it fall on the retailer to police what DLC a publisher makes availble and when?

Only if new. Once it has been put up for resale, it is no longer the product that EA was advertising when they made the box. It has left their chain of control.
 
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5. Re: Free Command & Conquer: Tiberian Sun and Firestorm Mar 26, 2010, 12:10 Tavil
 
Bout damn time... their needs to be more of these. Gamestop has to be held accountable for their horrible business practices!  
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4. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:07 Blackhawk
 
Ruffiana wrote on Mar 26, 2010, 12:02:
Why would EA execs be high-fiving over this? They're getting $15 instead of $50.

GameStop is the one laughing all the way to the bank here.

Because they are getting $15 instead of $0, and because the whole point of that $15 was to make buying used games less appealing to consumers and less profitable to resellers, which this case proves is working exactly as planned.

Once this becomes better known, instead of charging $55 for a game they paid $25 for, they won't be able to sell it for more than $40. That cuts Gamestop's profit in half. Gamestop either accepts this and the reduction in profits, or they pay significantly less for used copies, making consumers less willing to sell.

They don't want to make a profit on used games. They want to cripple the used game market.
 
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3. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:03 Mac
 
Isn't this a problem for EA - advertising something on the box which is not always available isn't right? Why should it fall on the retailer to police what DLC a publisher makes availble and when?

In addition, this cannot be good for EA insofar as games will get a lower trade in value - if people have to pay $15 more to get the DLC, they will not pay as much for a 2nd hand game. Therefore, any game purchased new has an intrinsically lower value due to the drop in 2nd hand trade in price - so why will people want to pay full price for the game on release, when they can wait for the massively discounted 2nd hand version (especially if the DLC isn;t really worth the extra $$$) - this could actually make the 2nd hand market more popular, not less?
 
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2. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:03 BobBob
 
Are used games disinfected for germs?  
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1. Re: GameStop Used Game Lawsuit Mar 26, 2010, 12:02 Ruffiana
 
Why would EA execs be high-fiving over this? They're getting $15 instead of $50.

GameStop is the one laughing all the way to the bank here.
 
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117 Replies. 6 pages. Viewing page 6.
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