Post: Gamer Sues Over "Free" DLC
03-29-2010, 08:38 PM #1
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It's one thing to complain about the video game industry's treatment of DLC on the internet, but gamer James Collins is taking action. He's taking a stand! James Collins is mad as hell, and he's not going to take it any more! Well, he filed a lawsuit, anyway.
Collins says he bought a used copy of Dragon Age: Origins from a GameStop. The box clearly indicated that free content could be downloaded for the game, but it couldn't. Whoever sold the game to GameStop obviously used the redeem code for the free DLC, leaving Collins holding the bag.

He paid $54.99 for the used game, but would have to pay $15 for the DLC. That adds up to a used version of the game costing ten bucks more than a brand new one. GameStop wouldn't refund his money, so Collins is suing GameStop. Check out the full suit here.
The class-action lawsuit seeks to prevent GameStop from selling used games with text on the cover promising DLC that doesn't exist.

The only problem, as I see it, is that I think that copy on boxes already says that the code is a one-time-use thing, and the suit even seems to acknowledge that the the box contains fine print that reads, "One-time use code; available with full retail purchase, Expires April 30, 2010." So this might be a case of letting the buyer beware.
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The following 3 users say thank you to NLP_Legacy for this useful post:

All-Day215, Doctor Stan, papa mudd
03-29-2010, 10:26 PM #2
All-Day215
French Toast
not only are u a nerd to play that but that takes no life to the next level. Filing a law suit over 15$ haha. good find
03-29-2010, 10:29 PM #3
-.Anonymous.-
Treasure hunter
What a saddo. Thats pointless! LOL
03-29-2010, 10:36 PM #4
andrewman18
< ^ > < ^ >
Ha i hope james wins and then owns gamestop.
03-30-2010, 02:38 AM #5
Cryptic
Former Staff | Content Manager
I was reading about this story on QJ.Net.

I knew something like this was coming. It was even talked about when BFBC2 came out about their one time use codes. Dice Entertainment announced with the launch of BFBC2 that people who bought used would have to buy the DLC. Which is a good thing, so they still get some kind of income from used games.

This though is sad. There is no reason to sue.

I'm interested to see how this court case turns out. I don't feel the Judge will find in favor of Collins. IF he does, however, it will be utter hell for video game industrys trying to do the "launch day DLC".

Why? Well time for a US History/Government Lesson. [High School level. Winky Winky]

*(FYI this is for those of you who have not made it to Government Class/ US Hist on the 11/12th grade level)*

Here in the United States Court system, we practice something called precedent. What a precedent is, is a historical account of a court case in which something extremely similar or exactly the same has been decided over in a past case. Precedents CAN be overturned. This has happened before, more than once. Once during the time of when Kansas Missouri and Maine were being made into States and being decided over of being free/slave states, and during the Civil Rights Era.

Enough about that though. How this will set historical precedent is, that if another user buys a used game that claims to have "free DLC" that was in fact "LAUNCH DAY DLC", the said buyer can in turn sue the game company for false advertisement. IF the judge finds in favor of Collins, game companies will lose future court cases in the similar manner, and lost major money.

HOW game companies would get around this, is that the stores that participate in the buying and selling of used games, would/should be required to include A WRITTEN/Typed disclaimer either taped of glued into the case of used games, AS WELL AS explain to the purchaser that the "free DLC" was LAUNCH DAY DLC and is NOT included in the used version of the game, that if they would like the DLC they would have to purchase it from the respected source of the DLC (PSN/XBL etc.).

So I hope the Judge finds in favor of the game company, which I think he/she will. What is one person going to be able to do against a major game company who has hired well off attorneys?


This concluded the Govt/Hist lesson. lol =]

The following user thanked Cryptic for this useful post:

Dewzy916
03-30-2010, 03:44 AM #6
x-Teenage
Meow... Just.. Meow...
Haha, I think most of us have thought about filing a lawsuit over something silly like this. I just don't think most of us would have actually gone through with it. Either way, i hope he wins, he does deserve that DLC if he bought the game, even if it was a used copy.
03-30-2010, 03:51 AM #7
Cryptic
Former Staff | Content Manager
Originally posted by Teenage View Post
Haha, I think most of us have thought about filing a lawsuit over something silly like this. I just don't think most of us would have actually gone through with it. Either way, i hope he wins, he does deserve that DLC if he bought the game, even if it was a used copy.


See this is where I disagree. The DLC was advertised as LAUNCH DLC/NEW Version DLC. Not Used version DLC. I think this is how the Judge will see it.

So in all reality, GameStop isn't at fault it's buyers stupidity.
03-30-2010, 06:05 AM #8
glitchplz
Samurai Poster
I think gamestop will give him the $10 easier than going to court lol
03-30-2010, 06:07 AM #9
i mean come on gamestop should have tooken it back then that shit wouldn't happen i try to take 1 or 2 game to gamestop because it didn't have what it said it had in it
03-30-2010, 06:24 AM #10
JustinTiburon
Level 1 Trustworthy
He will win.. Those two ladies won for suing mcdonalds for making them fat

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