Activision in Wii Guitar Hero III Legal Battle
Loud, but mono, sounds of anger echo in court room
Activision has realised that it is indeed a long way to the top if you want to rock'n'roll. It is now being accused of "deceptive and unlawful" conduct in its sale of Wii Guitar Hero III. The widely reported problem with the game is that instead of outputting Dolby Pro Logic II surround sound (as advertised) - you get mono.
As everybody knows retro chic lo-fi is like so 2003 Euro-Pop-Trash and not rawk at all. This is especially so if you've bought the game to impress the chics with your axe action and sound system over the Xmas period.
The suit (of course, a class action) has been brought by Samuel Livingston of San Diego. Sam's lawyers, KamberEdelson, LLC, are seeking "actual damages, individual restitution, equitable relief, civil penalties, costs and expenses of litigation, including attorney's fees, and all further relief available."
Livingston is rightfully (and righteously of he's a rocker) up in arms, claiming that he, and the other plaintiffs, would "not have purchased the Guitar Hero III video game and/or paid as much for it had they known the truth about the product".
Livingston and his lawyers also maintain that Activision has done little to rectify the problem and is, in fact, still selling the game.
Activision - which owns GHIII developer Red Octane - has told IGN that, "We recently became aware that some consumers have not been able to enjoy the full audio output in the Nintendo Wii version of Guitar Hero III: Legends of Rock. We are currently working with Nintendo and are planning to issue an improved audio experience in future versions of the game. We expect to have re-mastered discs available by early 2008 and we will be offering consumers replacement discs at no cost once they become available. We thank all of our customers for their support and patience."
So it is mighty strange in the sense of ethics that the game hasn't been withdrawn from sale on Wii.
Of course, the fact that it's Xmas and the Nintendo Wii is selling like a well-priced games console aimed at the family - makes continuing sale equal complete short-term sense. Maybe the assumption is that if you're having a decent 'The Holidays', you probably won't sober up until February 2008 anyway.
As everybody knows retro chic lo-fi is like so 2003 Euro-Pop-Trash and not rawk at all. This is especially so if you've bought the game to impress the chics with your axe action and sound system over the Xmas period.
The suit (of course, a class action) has been brought by Samuel Livingston of San Diego. Sam's lawyers, KamberEdelson, LLC, are seeking "actual damages, individual restitution, equitable relief, civil penalties, costs and expenses of litigation, including attorney's fees, and all further relief available."
Livingston is rightfully (and righteously of he's a rocker) up in arms, claiming that he, and the other plaintiffs, would "not have purchased the Guitar Hero III video game and/or paid as much for it had they known the truth about the product".
Livingston and his lawyers also maintain that Activision has done little to rectify the problem and is, in fact, still selling the game.
Activision - which owns GHIII developer Red Octane - has told IGN that, "We recently became aware that some consumers have not been able to enjoy the full audio output in the Nintendo Wii version of Guitar Hero III: Legends of Rock. We are currently working with Nintendo and are planning to issue an improved audio experience in future versions of the game. We expect to have re-mastered discs available by early 2008 and we will be offering consumers replacement discs at no cost once they become available. We thank all of our customers for their support and patience."
So it is mighty strange in the sense of ethics that the game hasn't been withdrawn from sale on Wii.
Of course, the fact that it's Xmas and the Nintendo Wii is selling like a well-priced games console aimed at the family - makes continuing sale equal complete short-term sense. Maybe the assumption is that if you're having a decent 'The Holidays', you probably won't sober up until February 2008 anyway.
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Comments
Sinnbox 12 Dec 2007 22:13
1/2
Great!!, why didnt he just list it on e-bay if he didnt want it? They are selling like hotcakes, and alot higher than than retail.
tyrion 13 Dec 2007 08:55
2/2
Sinnbox wrote:
Great!!, why didnt he just list it on e-bay if he didnt want it? They are selling like hotcakes, and alot higher than than retail.
Because you can make much more money out of a class action suit than you ever can on eBay. And if the suit doesn't come off, then you can eBay the game and make some money.