SUBSIM Radio Room Forums

SUBSIM Radio Room Forums (https://www.subsim.com/radioroom/index.php)
-   Silent Hunter 5 (https://www.subsim.com/radioroom/forumdisplay.php?f=244)
-   -   QUESTION FOR LAWYERS : can we take any legal actions against UBI ?? (https://www.subsim.com/radioroom/showthread.php?t=165105)

Pappy55 03-16-10 11:27 AM

Quote:

Originally Posted by Letum (Post 1318679)
Well, the last lawsuit with SH3 and other games with Starforce was a
success in so far as Ubi agreed to pay up out of court.

That site has all the uk laws on thre is one regarding services online or whatever but i forgot what its called/

TDK1044 03-16-10 11:27 AM

Always a good laugh for the Moderators....how long will it take for the first "I want to file a lawsuit against Ubisoft" post.

I seem to remember that John Channing always used to win the bet. How did you do this time, John? :DL

BigBANGtheory 03-16-10 11:27 AM

I posted this in another thread, but it seems appropriate for this topic also. Bottom line return the game to the store and let the UBI argue it out with the likes of Amazon...

Shops have a policy of 'do not accept returns on opened software' for obvious reasons, however a shops policy does not effect your consumer rights (which is dependent on where you live of course).

To put it bluntly if you take an opened game back to a store the manager will (unless instructed by their head office) not budge an inch. What you need to do is write a letter to the retailer's head office explaining that you wish to return the game for the following reasons with proof of purchase in return for a full refund and their failure to act on this within 28days is a breach of your consumer rights.

In the UK this is called:
Sale and Supply of Goods Act 1994

I speak from personal experience, in my case I returned a retail version of Crysis cos the DRM system stopped the game working with my DVD drive. I got the usual sh*t from the store manager but 2 weeks later after writing them a letter explaining how they breached my consumer rights not only did I get a full refund I additionally got vouchers totalling the value of the game.

Most people do not understand their consumer rights and are taken advantage of. Now you know different, exercise your rights if you feel its the correct course of action for you.

Coldcall 03-16-10 11:30 AM

Quote:

Originally Posted by Letum (Post 1318684)
No, it is not covered by the sale of goods act.
That doesn't mean that there isn't another another act that is applicable.

There would be something under "description of goods" type clause which would entitle a return in the UK. Ubsioft sort of shoot themsleves in the foot by making a big deal on the box about requiring an internet connection. So they make the consumer jump through that hoop but still fail to provide the service as described on the box.

I've not heard of anyone in the Uk having probs returning SH5, and I've seen quite a few posts on people having done it through amazon or play.com. There's no doubt that distributors will lean on Ubisoft if this starts costing them money in extra admin costs/returns etc...

Coldcall 03-16-10 11:33 AM

Quote:

Originally Posted by BigBANGtheory (Post 1318693)
I posted this in another thread, but it seems appropriate for this topic also. Bottom line return the game to the store and let the UBI argue it out with the likes of Amazon...

Shops have a policy of 'do not accept returns on opened software' for obvious reasons, however a shops policy does not effect your consumer rights (which is dependent on where you live of course).

To put it bluntly if you take an opened game back to a store the manager will (unless instructed by their head office) not budge an inch. What you need to do is write a letter to the retailer's head office explaining that you wish to return the game for the following reasons with proof of purchase in return for a full refund and their failure to act on this within 28days is a breach of your consumer rights.

In the UK this is called:
Sale and Supply of Goods Act 1994

I speak from personal experience, in my case I returned a retail version of Crysis cos the DRM system stopped the game working with my DVD drive. I got the usual sh*t from the store manager but 2 weeks later after writing them a letter explaining how they breached my consumer rights not only did I get a full refund I additionally got vouchers totalling the value of the game.

Most people do not understand their consumer rights and are taken advantage of. Now you know different, exercise your rights if you feel its the correct course of action for you.

Absolutely, I've returned many games in UK. It doesnt matter that retailers put caveats on some types of return, you have statutory rights and their caveats cannot over-ride those legislated rights. They might make a fuss but you will get your money back, just dont be put off because of the hassle.

BigBANGtheory 03-16-10 11:36 AM

It is covered under the sale of goods act if you purchased the media, if you downloaded the game from somewhere like Steam of D2Drive I do not honestly know what your rights are in those circumstances.

Online retailers like Amazon and Play are covered by the distance selling act also.

As far as I know class action law suits do not apply to countries like the UK, so its down to the American members to answer that.

Remember it costs very little to write a letter you don't need to be a lawyer to do that just be clear and accurate.

capthelm 03-16-10 11:39 AM

Quote:

Originally Posted by fasol20 (Post 1318605)
And what chance do we have , is it worth trying ? There must be thousands of us.... I am from europe I guess it should be easier in US what do you think ???


close these threads.:yawn:

fasol20 03-16-10 11:41 AM

Quote:

Originally Posted by capthelm (Post 1318719)
close these threads.:yawn:

Why ?? You dont rule in here so go try ruliling on your uboat. !:haha:

Safe-Keeper 03-16-10 11:49 AM

Absolutely.

However, suing someone for making what you perceive to be a bad game is so ridiculous it would get you laughed out of court faster than... em... uhm... actually, I'm at a loss for examples.

:rotfl2::rotfl2::rotfl2:

Otherwise, I'd have sued Maxis for The Sims ages ago.

Quote:

close these threads.:yawn:
Nah, let them have their fun. Best way to kill trolls is to just ignore them. Or ridicule them. I just add them to my ignore list and forget about them.

Though there have been a lot of kids with 2 posts or so starting troll threads with low-quality content lately. Perhaps someone should do an IP comparison or two ;) ?

IanC 03-16-10 11:53 AM

Quote:

Originally Posted by Safe-Keeper (Post 1318744)
Absolutely.

However, suing someone for making what you perceive to be a bad game is so ridiculous it would get you laughed out of court faster than... em... uhm... actually, I'm at a loss for examples.

:rotfl2::rotfl2::rotfl2:

What he perceives to be a bad game? :haha:

fasol20 03-16-10 12:02 PM

safe keeper : I want to be able to use what I paid for that's why I ask . Technical support is wortless. One party is not keeping agrrement ( UBISOFT) . Cut the bull**** with troll post etc , if you dont have anything to say just dont ! Are you LAWYER ????

Piddyx 03-16-10 12:03 PM

You can sue them in Louisiana. The laws are different there because they are derived from civil law instead of common law.

Coldcall 03-16-10 12:10 PM

Quote:

Originally Posted by Piddyx (Post 1318769)
You can sue them in Louisiana. The laws are different there because they are derived from civil law instead of common law.

In theory you could try to sue them anywhere if you want to spend the money with some lawyer, but i just cant see the grounds for damages type appeal.

Any court would just ask why you hadnt simply returned it for a refund, and i think thats reasonable. Should courts be tied up with litigants angry over a computer game?

OTT in my opinion.

IanC 03-16-10 12:12 PM

Maybe if consumers had more legal power against game companies, we might just get finished games for a change. If we pay good money, we should get a good quality product. Crazy thought I know...

thorn69 03-16-10 12:18 PM

Sure, you can sue UBI. Heck, you can sue anybody you want here in the US. But will you win? That's going to be up to a judge and how he/she feels that particular day. Is paying up to $400 per hour to a lawyer plus paying for court costs going to be worth it to you? I don't think so considering you only payed about $50 for the game in general. Don't forget that UBI has lawyers too and they are on a fixed salary. They can drag the case on for YEARS before a judge is allowed to make a determination. By then you, and everyone else (considering a CA lawsuit with multiple parties is involved) will be drained of all money and the payoff will not be worth it. Because by then, UBI will release Silent Hunter VI and and Assassins Creed 3 and they will have generated enough money to prolong the case even longer.

To me, a lawsuit seems ridiculous. You should be able to take the game back for a decent refund if you bought it from a retail store to get back most of your money. That would be the easiest solution and would hurt UBI a lot more if that's what you want to do. Just stop supporting them and all their software titles from here on out if that's how you really feel. If enough people do that, then UBI will fold and go bankrupt eventually. But then who will even come close to delivering us another submarine simulation? It's a double edge sword either way you look at it. Do what you want but I'm going to continue to support UBI because it's the only company that's been releasing decent submarine simulators in the past decade. Janes is dead and has been for sometime now. UBI is all there is. Thank God for them!


All times are GMT -5. The time now is 10:44 AM.

Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.
Copyright © 1995- 2025 Subsim®
"Subsim" is a registered trademark, all rights reserved.