Class action based on what? You didn't buy the game
This reminds me of the upraor when it was announced SH3 would only come on a DVD

There were demands it should come on a CD, people didn't want to buy an expensive new DVD player. Not to mention the fellow who insisted it should come on 26 floppies
Did AC2 sales suffer?
Not from what I hear.
Quote:
Although Modern Warfare 2 is still at the top of all UK sales charts Assassin’s Creed 2’s launch has been extremely successful, so successful that its sales figures are more impressive than the original Assassin’s Creed.
According to a recent article posted on Joystiq in total sales of the game outperformed the original by 12 percent (in terms of unit sales).
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