Lawyer question: the legality of Gamestop's removal of onlive coupons from Deus Ex

My first reaction was that it is fraudulent for them to open a product and claim the game is new, in addition to compromising CD keys.


Um so don’t buy the game at GameStop? Seriously, with all the problems in our country that need addressing in the court system, we’re gonna file a class action lawsuit and spend millions of dollars because of our precious bideo games? Yeah, it seems really sketchy, but the answer to this seems quite obvious and I don’t know why Gamestop hasn’t done it…but Gamestop should just demand companies not to include coupons with the games that they ship to them. Gamestop has gotta be a big enough player in the market to be able to pull this kind of move. Wal-Mart and Best Buy do it all the time.

But also…lol new Deus Ex game made by Square Enix? wtf? Deus Ex was one of the greatest games ever back in the day…but this just looks horrible, terrible, awful.

Gamestop has a pretty big conflict of interest because they have their own online gaming platform, having bought impulse in the past year. Regardless of how big they are and customer boycotts, I’m pretty sure there are a lot of different kinds of laws against not only what was done but the way it was done.

And on an unrelated note: SE bought Eidos a few years ago and apparently DE3 is getting good reviews.

I also find it interesting how you’re usually pretty anti-corporation, but you give the appearance of condoning this kind of move.

Years ago, I remember quite a few stores would open new DVDs and games, put their security devices inside, and then reshrink the package. But modifying or removing contents would seem to violate product distribution laws. As mentioned, it will probably come down to the contract between the two companies.

I got to my office this morning and found I didn’t have any coffee left. So I was pretty grumpy when I left that msg. In retrospect it’s a shitty thing to do and there’s no excuse for it. But also, I just don’t really think it’s that big of a deal. I just wish people could get as up in arms and pissed about shit like giving us the healthcare we deserve or fighting to end oil company subsidies as they do about some shitty coupons in some shitty games. Yeah I guess I’m still grumpy. I think I’m getting closer with every day to fulfilling the prophecy in your signature. Except I don’t even have a ceiling fan so it’s gonna have to be a jet plane or something.

It’s not.

It’s a pretty damn good game, even has throwbacks to some of the characters and the plots of the original Deus Ex. The freedom in how to play is pretty fun too, you can go thief-like (stealth takedowns, knockout gas grenades, tranq rifle, stun gun) or gun blazing, or something in between. There’s generally several paths to get to where you need to be depending of your augmentations/hacking level…I like it, really. It’s been a good buy.

And for the people of Montreal, The Olympic Stadium underground complex doubling as a secret Illuminati base officially owned and operated by TQS was a pretty hilarious touch.

Zep: I agree.

I don’t know why anyone would buy a pc game in a retail store to begin with.

Rinn: some nerds are obsessed with owning hard copies. Its like guys who own all their music in 3 different lossless formats and back it up on an extra hard drive and on a cloud network. Other people get fucked by their ISPs, who regulate the amount of bandwidth they have. Downloading 30gb games on a 100gb / month limit is shitty.

some nerds

I thought everybody here was a nerd :stuck_out_tongue:

Lossless formats? True music nerds buy vinyl, and sometimes the CD if it’s a good album. :wink:

Congratulations for missing my point!


Sin’s point wasn’t that everybody at RPGC is a nerd. That’s a given. His point was that there are some people so obsessed with having hard copies of games that they would buy a PC game from a retail store rather than downloading it off of Steam. It’s the knowledge of having the actual physical copy in your possession; I’m of a similar mindset when it comes to books.

Ah, thanks.

I’m not too picky about owning hard copies, unless it’s something out of print and not available for download.

And technically, DE3 was developed by Eidos, Squeenix is publishing.

My comment was targeted towards people who become unreasonably obsessed with useless things.

From the consumer’s angle, it’s hard to imagine what the claim would be. Fraud requires someone to knowingly make a false statement, with an intent to deceive, so that someone actually is deceived and relies on the statement to his detriment. So anyone who bought the game not expecting a coupon has no claim. Gamestop didn’t really make a false statement either. Failing to warn customers about the lack of a coupon is probably not enough, unless the game’s box promised a coupon.

There’s no breach of warranty either. The product does what it’s supposed to do.

The government might have some sort of claim aimed at protecting consumers—something involving deceptive retail practices, tampering with goods prior to sale, and so forth. But I don’t really know anything about this area.

Onlive has the clearest stake in this. If Square Enix has a contract with Gamestop that prevents tampering with its games prior to sale, Onlive can arguably sue Gamestop directly as an intended third party beneficiary of the contract. If not, maybe Onlive can bring a claim for tortious interference with business relations. It would need to prove that Gamestop intentionally prevented Onlive from doing business with a third party, when it otherwise likely would have succeeded in doing so. These claims tend to fail. Gamestop will argue, “Of course we interfered with their business. Onlive is a competitor. Our job is to steal their customers.” Assuming the interference wasn’t too egregious, judges will usually agree.

Health care and oil company subsidies are complex policy issues that should be handled pragmatically, not based on single-minded ideals.

Every dollar the government spends on health care could instead be spent on, say, subsidizing medical research. Or paying off a debt whose interest absorbs more tax dollars every year. Subsidizing our oil companies, which face onerous environmental regulations, is what lets them compete with foreign oil companies, which face very few. It saves us from having to rely on Middle Eastern oil, so we have less need to get tangled in foreign affairs. In the end, it may save us time and money, and is certainly good for our security interests.

It’s hard to get “up in arms and pissed” in that righteous and idealistic way, when you recognize that both sides make valid points. I would rather reason out the optimal policy based on both sides’ concerns. And judging by the 18% approval rating of our polarized Congress, I think most Americans are as tired of single-minded partisanship as me.

It’s easier to get pissed off at video game retailers, because you can fight for what’s in your own interest without worrying that you’re doing the country a grave disservice.

It won’t matter soon anyway. On Jan 7th next year unemployment benefits will run out for the 3 million americans on extended unemployment, meaning Gamestop will lose all 3 million of its customers.

Bitch, you aint no nerd? I coulda sworn you was.