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Activision reported to OFT over 'unfinished' PS3 Black Ops
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Author:  pcernie [ Fri Jan 21, 2011 9:57 pm ]
Post subject:  Activision reported to OFT over 'unfinished' PS3 Black Ops
Independent gaming pressure group Gamers' Voice plans to report Activision to the UK's Office of Fair Trading (OFT) for allegedly releasing "unfinished" versions of Black Ops on PS3 and PC.

After being "inundated" with emails about bugs and errors in Black Ops for PC and PS3, the consumer advice and lobbyist group penned an open letter to Activision UK asking how it planned to recompense "people who bought what turns out to be an unplayable game".

Gamers' Voice - founded in 2009 by MP Tom Watson and a former CVG site of the week - said it would give Activision a month to respond to its letter, and that if the publisher didn't it would be "forced to take matters further".

The month is now reportedly up, and Gamers' Voice is sticking to its word. Chris O'Regan, head of industry relations at the group, told IncGamers that it will report Activision to the OFT and hopes to see legal action brought against the publisher.

"As a result of their inaction we will test the might of government agencies against Activision," he said. "We can only hope this brings about some litigious action. These agencies do exist to protect our rights as consumers, let us see if they can fullfill their remit on this pressing issue."

O'Regan added: "GV wish to set an example with Activision to ensure games are not released in an unfinished state. If litigation is initiated, then a precedent would be set. In other words, publishers will have to reconsider releasing unfinished code in the future, in the UK at least."

http://www.computerandvideogames.com/28 ... black-ops/

I'm not expecting anything, but I'll be interested in the outcome all the same - there's no doubt in my mind the PS3 version was pushed out the door before it was ready, the most basic testing would have shown up flaws like a shot to the head having no effect :roll:
Author:  Linux_User [ Fri Jan 21, 2011 10:02 pm ]
Post subject:  Re: Activision reported to OFT over 'unfinished' PS3 Black Ops
The OFT won't act until Parliament, or the courts, clear up the small matter of whether games amount to a good or a service.
Author:  Amnesia10 [ Mon Jan 24, 2011 10:23 am ]
Post subject:  Re: Activision reported to OFT over 'unfinished' PS3 Black Ops
Linux_User wrote:
The OFT won't act until Parliament, or the courts, clear up the small matter of whether games amount to a good or a service.

I cant see how they are services. Even if you have a online connection to play that would be a good with a free online service, not a service. While software is only licensed that still would not make it a service.
Author:  Linux_User [ Mon Jan 24, 2011 2:32 pm ]
Post subject:  Re: Activision reported to OFT over 'unfinished' PS3 Black Ops
Amnesia10 wrote:
Linux_User wrote:
The OFT won't act until Parliament, or the courts, clear up the small matter of whether games amount to a good or a service.

I cant see how they are services. Even if you have a online connection to play that would be a good with a free online service, not a service. While software is only licensed that still would not make it a service.

The software & games industry would disagree with you, as far as they're concerned you don't buy the software, you licence it. This licence has limitations, and provides support such as updates as an ongoing concern. They argue that the actual software is not tangible, and therefore cannot be defined as a "good" for the purposes of the Sale of Goods Act 1979 (Section 61 of the Act).

As far as the industry is concerned, the only aspect of their product which represents a "good" is the physical media.

Of course, as I found during my dissertation, most people do consider software & games to be "goods", but until the courts/government clear up the ambiguity, it''ll remain a mess in perpetuity.
Author:  Amnesia10 [ Mon Jan 24, 2011 3:32 pm ]
Post subject:  Re: Activision reported to OFT over 'unfinished' PS3 Black Ops
Linux_User wrote:
Amnesia10 wrote:
Linux_User wrote:
The OFT won't act until Parliament, or the courts, clear up the small matter of whether games amount to a good or a service.

I cant see how they are services. Even if you have a online connection to play that would be a good with a free online service, not a service. While software is only licensed that still would not make it a service.

The software & games industry would disagree with you, as far as they're concerned you don't buy the software, you licence it. This licence has limitations, and provides support such as updates as an ongoing concern. They argue that the actual software is not tangible, and therefore cannot be defined as a "good" for the purposes of the Sale of Goods Act 1979 (Section 61 of the Act).

As far as the industry is concerned, the only aspect of their product which represents a "good" is the physical media.

Of course, as I found during my dissertation, most people do consider software & games to be "goods", but until the courts/government clear up the ambiguity, it''ll remain a mess in perpetuity.

I agree it needs to be declared a good. Music could be described as a service for the same reasons, the license to play on physical media. What about books?
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