BostonLaw
11-21-2007, 08:08 AM
A reasonable legal definition of criminal fraud is deliberate deception for improper gain. False advertising has long been supported in state and federal courts as a basis for fraud.
I believe that there is sufficient evidence to initiate a class action lawsuit against EA for the PS3 guitar incompatibility fiasco, given the following:
- EA's advertising claims compatibility with other guitar controllers. In the case of the PS3, there currently does not exist any guitar controller other than the one available as part of the $160+ bundle that can be used to play this game. Given the many stages of development and testing that underlies modern video game development, especially in the case of such a high-profile title, it is reasonable to assume that EA/Harmonix knew that Rock Band (PS3) was in fact not compatible with any existing guitar controller other than the one offered in their own bundle. This situation is false advertising to increase the appeal of a product for financial gain.
- EA's advertising and subsequent statements strongly implies that the purchase of one Rock Band bundle plus a non-Rock Band guitar enables a 4-player game experience in which each of the four players plays a different instrument. In fact, this is currently not possible unless the individual were to purchase TWO Rock Band bundles for more than $320. Again, this situation represents false advertising to increase the appeal of a product for financial gain.
If there is sufficient support for moving forward with a class action lawsuit, I would be interested in hearing the thoughts of other consumers and proceeding pro bono.
Please post your experiences and thoughts here.
I believe that there is sufficient evidence to initiate a class action lawsuit against EA for the PS3 guitar incompatibility fiasco, given the following:
- EA's advertising claims compatibility with other guitar controllers. In the case of the PS3, there currently does not exist any guitar controller other than the one available as part of the $160+ bundle that can be used to play this game. Given the many stages of development and testing that underlies modern video game development, especially in the case of such a high-profile title, it is reasonable to assume that EA/Harmonix knew that Rock Band (PS3) was in fact not compatible with any existing guitar controller other than the one offered in their own bundle. This situation is false advertising to increase the appeal of a product for financial gain.
- EA's advertising and subsequent statements strongly implies that the purchase of one Rock Band bundle plus a non-Rock Band guitar enables a 4-player game experience in which each of the four players plays a different instrument. In fact, this is currently not possible unless the individual were to purchase TWO Rock Band bundles for more than $320. Again, this situation represents false advertising to increase the appeal of a product for financial gain.
If there is sufficient support for moving forward with a class action lawsuit, I would be interested in hearing the thoughts of other consumers and proceeding pro bono.
Please post your experiences and thoughts here.
