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Re: LEGAL: BioWare Has 9 Days Left to Deliver the Following Features

by CleverPilot82
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LEGAL: BioWare Has 9 Days Left to Deliver the Following Features

[ Edited ]
★★★★ Novice

INTRODUCTION

 

Greetings,

 

I'm a EU national and a lawyer and I've become increasingly worried that there is a serious risk of BioWare not being able to fullfil their obligations in accordance with their roadmap. I've been looking over general rules within the EU and found that, in the event BioWare fails to deliver upon their promises, a consumer might have enough legal footing to request a partial or whole refund of the purchased game.

 

I will begin by listing the features that are planned for this month and then provide some legal context. Finally I'd like to open the floor to hear your thoughts on these matters and if anyone else has come to the same conclusions as I have.

 

Kind regards

 


 

PLANNED FEATURES FOR APRIL 2019

 

According to the Acts and Updates page the following features are supposed to be added to this game sometime in the next 9 days:

 

  • Mastery System
  • New Items
  • Shaper Surge
  • Legendary Missions - Phase II
  • Weekly Stronghold Challenges
  • Leaderboards
  • Guilds
  • The Sunken ✔️
  • 6x "Cortex Locked" ❌

= Unconfirmed

✔️ = Confirmed

 

Can we get some clarification regarding these features and when they'll be implemented as well as what they actually mean?

 

I would also like to get some information regarding what the 6 Locked Cortexes will entail.

 


 

LEGAL: THE POSSIBILITY FOR A CONSUMER TO REFUND THE GAME

 

On the Acts and Updates page there's a disclaimer stating:

 

The below is subject to changes as we are exploring content and listening to our community feedback.

 

However, in accordance with consumer rights in the EU a buyer of goods/services is allowed to either withdraw from the contract or get a monetary compensation if the counterpart is unable or unwilling to provide what was agreed upon at the time of purchase.

 

Since Anthem was advertised as a "live service" game I'd say that most of us expected (rightfully so) that features would be added in the coming months after release.

 

There's only 9 days left until April is at an end and we have yet to get any information regarding 13 of 14 planned features for this month. If that don't constitute a breach of contract then I don't know what does.

 

For more information please see Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.

 


 

DEADLINE

 

I expect answers to the questions posted above either from the legal department at EA or from the developer themselves  within the next five (5) business days.

 


 

DISCUSSION

 

What do you guys think about this? Is anyone else worrying that BioWare wont provide the promised features within the set timetable? Do you also consider this a breach of contract?

 

 

Message 1 of 34 (948 Views)

Accepted Solution

Re: LEGAL: BioWare Has 9 Days Left to Deliver the Following Features

[ Edited ]
Champion

Not a lawyer, but as far as I remember, one of the terms and conditions you accept when installing the game is that you agree not to take legal action (in particular, no class action), and instead will resolve any disputes through binding arbitration. Granted, I imagine that in some cases that condition may he void and/or unenforceable. Again, I am not a lawyer.

 

I am also not an EU national. However, for what my opinion is worth, I don’t see how the roadmap, clearly noted to be tentative, constitutes a contractual obligation. I mean, I guess if you purchased the game while the roadmap was already up, based your decision on it, absolutely aren’t willing to wait any further than end of April for that content, and really want your money back, it may be reasonable to expect a refund at this point. But if you’re considering going through the hassle of arbitration or even legal action, it seems counterproductive for the cost of the game by itself.

 

The roadmap does seem to be pretty optimistic, and I don’t expect anything but the new stronghold and various bugfixes to be in the next patch. Hell, I wouldn’t be surprised if the Cataclysm ends up getting pushed back into some time in the summer. Obviously, I would rather see new content and functionality sooner rather than later. However, at the end of the day, I’d rather see quality content and functionality that works (and fixes to the base game itself) than stuff that’s rushed by the end of the month to meet the unrealistic roadmap, at which point they will never have time to fix it properly in the future, because they have more stuff on the roadmap down the line. And personally, I’d rather see the game fixed and improved than get my money back (even if I could get all my money back, including what I spent on the shards).

 

At least at the moment, their efforts are split between adding new functionality and likely rewriting half of the stuff in the game nearly from scratch – all while parts of the team are starting to get pulled away to work on the next Dragon Age, from what I understand. Hopefully, after the stream we’ll have a better idea of where they stand in terms of the current roadmap and what they expect to accomplish in the nearest future.



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Message 18 of 34 (800 Views)

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Re: LEGAL: BioWare Has 9 Days Left to Deliver the Following Features

★★★★★ Guide
Should have asked for a refund within the days allotted for one....
Message 2 of 34 (943 Views)

Re: LEGAL: BioWare Has 9 Days Left to Deliver the Following Features

★ Apprentice
"Expectations" are not the same thing as contractual agreements. Your premises are flawed.

We all purchased this game at it's current state, and that's it. We didn't pay for future content by any contractual means.
Message 3 of 34 (940 Views)

Re: LEGAL: BioWare Has 9 Days Left to Deliver the Following Features

Champion

I'm no lawyer, but I wouldn't call a roadmap a legally binding contract.

How many players have even seen the roadmap before buying the game?

I can't remember signing or agreeing to the roadmap.

 

If they started demanding payment for future content outside vanity items in the shop I'd consider that a breach of contract because we were promised all future content would be free.

 

A roadmap is a plan, and plans are subject to change.

That said, I think it's in their own best interest to keep to the roadmap as closely as possible. 

 

Still, I personally would prefer they gave us working updates instead of half-baked stuff just because the roadmap said so.


"From what I’ve tasted of desire I hold with those who favor fire."

[Robert Frost - Fire and Ice]

I don't work for EA. The opinions I express are my own.
Message 4 of 34 (911 Views)

Re: LEGAL: BioWare Has 9 Days Left to Deliver the Following Features

[ Edited ]

@Fatebinder wrote:

 

DISCUSSION

 

What do you guys think about this? Is anyone else worrying that BioWare wont provide the promised features within the set timetable? Do you also consider this a breach of contract?

 

 


From the EA website (roadmap)

 

"* The below is subject to changes as we are exploring content and listening to our community feedback."

 

https://www.ea.com/games/anthem/acts

 

Cute thread, but I expect most if not all of those planned items will roll out in the patch over the coming week, or an explanation about when they will be released.

 

As for legal expertise, may I suggest devoting it to something important rather than this trivia. Oops

 

 

----------------------------------------------------------------------------------------------------
I don't work for EA, but I adore BioWare's Mass Effect, Dragon Age & Anthem.
I can be found here on EA Answers HQ and on BSN forums: http://bsn.boards.net
Message 5 of 34 (903 Views)

Re: LEGAL: BioWare Has 9 Days Left to Deliver the Following Features

★★★ Guide
If you really are a lawyer then you must not be good at it. When diablo 3 released it showed on the box a multiplayer arena style feature that was planned to be added to the game eventually. It never happened and there was no false advertising lawsuit brought up about it. No man sky also had people like you claiming the same thing but it got all its promised content added eventually. You cant bring a false advertising lawsuit against Anthem just because they didn't deliver content when they said they would. Who knows maybe they will get all this out before the end of the month anyways.
Message 6 of 34 (879 Views)

Re: LEGAL: BioWare Has 9 Days Left to Deliver the Following Features

★★★★★ Guide

@RoninJed wrote:
If you really are a lawyer then you must not be good at it. When diablo 3 released it showed on the box a multiplayer arena style feature that was planned to be added to the game eventually. It never happened and there was no false advertising lawsuit brought up about it. No man sky also had people like you claiming the same thing but it got all its promised content added eventually. You cant bring a false advertising lawsuit against Anthem just because they didn't deliver content when they said they would. Who knows maybe they will get all this out before the end of the month anyways.

Where was he last month when we had posts like this? Or even the month before that. People have been trying this talking point at the end of every month since release.

Message 7 of 34 (876 Views)
Highlighted

Re: LEGAL: BioWare Has 9 Days Left to Deliver the Following Features

★★★★ Novice

While a class action lawsuit has a minimal chance at this point in time, instituting one would be a good first step to start to put some laws into the books to regulate this industry. At this time, and in the shape it is in, it is downright theft of yours and my money. Just my 2 cents.

Message 8 of 34 (860 Views)

Re: LEGAL: BioWare Has 9 Days Left to Deliver the Following Features

★★★★★ Guide

The OP didn’t say anything about a lawsuit. They said someone might have grounds to get a refund. Ianal, but Europe has much stricter laws on that sort of thing. One wrinkle, though, is that portion of the roadmap wasn’t available yet at launch, iirc. I could be mistaken, though.

Message 9 of 34 (856 Views)

Re: LEGAL: BioWare Has 9 Days Left to Deliver the Following Features

★★★★★ Apprentice

Don't agree with you

If is says subject to change there is no time limit

Message 10 of 34 (847 Views)

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