Author Topic: Gamestop getting sued over game packaging?  (Read 3587 times)

Offline idolminds

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Gamestop getting sued over game packaging?
« on: Saturday, March 05, 2011, 11:29:20 PM »
Not sure how to feel about this one.

You know how all these new games come out and have one-time use DLC codes in them? Especially common in "GOTY" editions. Of course, Gamestop gets these back in and sell them as used games. However, they are now getting sued because the packaging of the game talks about the "free DLC" when, in fact, buying used you dont get them.

I don't think this is entirely Gamestops fault. They should make it clear to buyers that they will not be getting the DLC mentioned on the box, like have the clerk tell them. What else are they supposed to do, though? Its the original case thats advertising this DLC, right? So...I guess after this they will just throw away all the original cases and we'll be stuck getting shitty generic shit cases if you buy a used copy. Great.

Offline bullshark

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Re: Gamestop getting sued over game packaging?
« Reply #1 on: Sunday, March 06, 2011, 02:35:22 AM »
Ridiculous waste of time and resources.  Is it really necessary to sue over something like this? 

Offline MysterD

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Re: Gamestop getting sued over game packaging?
« Reply #2 on: Sunday, March 06, 2011, 05:34:33 AM »
Ridiculous waste of time and resources.  Is it really necessary to sue over something like this? 
If you are buying a GOTY Edition - which advertises on the box it comes w/ some DLC Content, yeah - you should be getting it b/c this is really made clear on the box. This is why I don't like re-releases that put DLC w/ a one-time code in the box.

Usually, re-released editions either include usually ALL of the DLC on disc(s) - i.e. Fallout 3: GOTY, Divinity 2: Dragon Knight Edition, which honestly, is how I think all GOTY Edition and Ultimate Editions should be packaged at Retail anyways. The newer trend we're starting to see even more often in GOTY Editions/Ultimate Editions is you will get some DLC code to DL all of it online - see Borderlands: GOTY, Dragon Age: Origins - Ultimate Edition.

In terms of re-releases like say DAO: Ultimate or Borderlands: GOTY, there's A LOT of DLC to be had there in those re-releases - I think DAO has about 8 or 9 DLC's, while Borderlands has 4. This really is the point of buying a GOTY or Ultimate Edition - to get all of that extra content you're missing.

If GameStop is gonna re-sell GOTY or Ultimate Editions, there should be sticker on the box saying "DLC not included b/c code already used by original game owner" and the clerk should also tell them this flat-out.

Offline W7RE

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Re: Gamestop getting sued over game packaging?
« Reply #3 on: Sunday, March 06, 2011, 07:35:27 AM »
Yea, most of the customers are probably not as informed as we are. They just grab the box and say "sweet, it's the GOTY version and it's cheap!" It isn't until they get home and maybe even get into the game a bit before they realize it's not all there. If you bought Fallout 3: GOTY and only got the main disc, unless you knew how the DLC worked for it, you'd never know if you had it all or not. I could see someone assuming all that is integrated into the disc.

Offline Cobra951

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Re: Gamestop getting sued over game packaging?
« Reply #4 on: Sunday, March 06, 2011, 08:58:22 AM »
Like D said, there should be a sticker on the box that makes it abundantly clear that the customer is getting only the vanilla version of the game.  Perhaps the sticker should cover the term "GotY" and more stickers should cover any DLC claims elsewhere on the box.

I feel no sympathy at all for Gamestop and their inflated used-game prices.  Any lawsuits over their sales policies bring a perverse smile to my face.

Offline idolminds

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Re: Gamestop getting sued over game packaging?
« Reply #5 on: Sunday, March 06, 2011, 09:17:18 AM »
Yeah, they need to be more clear.

But it just occurred to me that this is precisely the reason those GOTY editions come with download codes instead of putting the stuff on the disc. Punish used game buyers.

Offline MysterD

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Re: Gamestop getting sued over game packaging?
« Reply #6 on: Sunday, March 06, 2011, 09:30:46 AM »
Like D said, there should be a sticker on the box that makes it abundantly clear that the customer is getting only the vanilla version of the game.

Perhaps the sticker should cover the term "GotY" and more stickers should cover any DLC claims elsewhere on the box.
Either GameStop provides this sticker to the gamebox, when re-sold.... 

...Or perhaps to avoid this problem entirely, this info should've been put on the back of the game-box already by the game publisher. Somewhere on the Game Box, it should made clear on there - likely the back-side of the box, where all the content is advertised and much of the legalese is put on fine-print on the bottom of the back-side of the box - that The Extra DLC Content is a one-time code to download all the DLC for BRAND NEW Versions of the game, not Used. This would solve the problem entirely, if they want to do the Re-Released Edition w/ The DLC Code gimmick.

Actually - better idea - publisher puts this info on the back of the game-box AND when it's resold by GameStop, they add their sticker to state that the ALL DLC code's been used. This way - ALL bases are covered, by both the publisher and the retail re-seller. No muss, no fuss - it's all their for the gamer to see plainly in front of them.

Again, for re-releases, I still think ALL Content should be placed on ALL discs. The reason a gamer would go to retail is likely to have the content on disc AND to avoid the downloading procedure.

Offline Cobra951

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Re: Gamestop getting sued over game packaging?
« Reply #7 on: Sunday, March 06, 2011, 10:46:35 AM »
No, it's not up to the publisher to facilitate secondhand sales.  It's up to the reseller to deal with all issues related to that.  Why should the publisher clutter up his game box to help the secondhand market, from where he derives no profit?

Offline Cobra951

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Re: Gamestop getting sued over game packaging?
« Reply #8 on: Sunday, March 06, 2011, 10:51:28 AM »
Yeah, they need to be more clear.

But it just occurred to me that this is precisely the reason those GOTY editions come with download codes instead of putting the stuff on the disc. Punish used game buyers.

Yeah, I'm sure it's partly that.  It's also much more difficult (if at all possible) to pirate console DLC when it really is download content.  Borderlands is an interesting case, where the GotY was originally released with download vouchers only, and now has switched to having all DLC included in the box.  Reap sure profits up front, then give in and please the fans?

Offline MysterD

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Re: Gamestop getting sued over game packaging?
« Reply #9 on: Sunday, March 06, 2011, 10:55:20 AM »
No, it's not up to the publisher to facilitate secondhand sales. 

It's up to the reseller to deal with all issues related to that. 

Why should the publisher clutter up his game box to help the secondhand market, from where he derives no profit?
Actually - you're right on this 100%, just given the main reasons you've made (which I've bolded).

But, you know, I wouldn't be surprised if GameStop tries to then sue say EA (DAO: GOTY) or 2K (Borderlands: GOTY) b/c the box doesn't really state such things.
« Last Edit: Sunday, March 06, 2011, 11:20:20 AM by MysterD »

Offline Pugnate

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Re: Gamestop getting sued over game packaging?
« Reply #10 on: Sunday, March 06, 2011, 10:42:06 PM »
I am going to go a little off topic here. First of all, while I sympathize with gamestop, a sticker (which we will probably see now) isn't hard to do.

Now, here is the off topic stuff.

I used to get really bamboozled by America's love for lawsuits. From that coffee suit at MCDs, to someone suing their neighbor for not salting their sidewalk. I realize now that a free judiciary system is what makes a country truly liberated and empowers every citizen who may at some time feel mistreated or oppressed.

Sure, you will still see the silly lawsuits where some girl will sue her boyfriend for ejaculating in her, and not pulling out or some crap like that. But generally, I wish the rule of law worked for every person in the Middle East and Asia, as it does in the US of A.

Offline Xessive

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Re: Gamestop getting sued over game packaging?
« Reply #11 on: Monday, March 07, 2011, 03:03:41 AM »
That's weird, because in EB Games (GameStop's Canadian counterpart) the attendant always gives me the CD Key or DLC warning about secondhand stuff.

I agree with Pug, a sticker would easily solve the problem.

Offline W7RE

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Re: Gamestop getting sued over game packaging?
« Reply #12 on: Monday, March 07, 2011, 04:20:22 AM »
Not sure how to feel about this one.
Its the original case thats advertising this DLC, right? So...I guess after this they will just throw away all the original cases and we'll be stuck getting shitty generic shit cases if you buy a used copy. Great.

One of my Xbox 360 games has that generic Gamestop used game insert, with the game name typed in a small font near the top. It drives me crazy way more than it should. I've thought about making an insert to print out for it, but I've been lazy about it. It's also got the number "5" written on the disc itself in permanent marker. I would have just bought it new, but I couldn't find a copy for a decent price except used. Blah.