20 Replies Latest reply: Oct 15, 2010 4:02 AM by Sherlock_Hound RSS

is there anyway of holding IW/activision

pilotguy
responsible for ignoring their own warranty , which says the game shall be free from defects from workmanship. Meaning : the prgraming code shall work as intended and be free of flaws. I know that the online says "the online experience may differ from offline etc' but the rock glitch is a programming error and not due to the online event. because you can still do it in a match with only you in it. I've asked a family memeber who deals with this (consumer protection laws) and was informed that you can sue them but for 1 person to sue is financially crippling and almost impossible,  you'd need a class action suit where many many people could share the cost of the legal aid needed. I know some people are gonna defend IW because IW is their lord and saviour , but the result is that IW/activision have refused to fix a programming error that they made. no where in the warranty does it say Go FOOK yourself we ain't gonna fix it.
anythoughts?
  • Re: is there anyway of holding IW/activision
    d_abes
    Read the warranty:  it says free from defects on the recording medium specifically.

    <!-- m --><a class="postlink" href="http://www.activision.com/ROOT/media/brands/Call%20of%20Duty/CODMW2/manua ls/CODMW2_PS3_ONL-MNL_FINAL.pdf">http://www.activision.com/ROOT/media/br ... _FINAL.pdf</a><!-- m -->

    page21

    Activision warrants to the original consumer purchaser of this Program that the recording
    medium on which the Program is recorded will be free from defects in material and workmanship for 90 days from the date of
    purchase. If the purchaser finds the recorded medium of the Program defective within 90 days of original purchase



    IN NO EVENT WILL ACTIVISION BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL
    DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO
    PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR
    PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES



    By playing the game you agreed to the terms in the manual.

    BY OPENING THIS PACKAGE, AND/OR USING THE PROGRAM, YOU ACCEPT THE TERMS OF
    THIS LICENSE WITH ACTIVISION PUBLISHING, INC. (“ACTIVISION”).


  • Re: is there anyway of holding IW/activision
    What is it with all the rock glitch post lately. Simple fix um skip the map dont play it solved.
  • Re: is there anyway of holding IW/activision
    stevil777
    personally my game experience has been a good one. I have excellant connection and yeah ive experianced lag, but only 10% of the time. Of course ive come across glitchers and boosters(possibly hackers) but ive just avoided them, ie; go round the rock(doh!)or just fmj the f%$ker, likewise with boosters, they seem to be in free for all or barebones, so i dont play those games.....easy. so to conclude.....game cool, roll on mw3.
  • Re: is there anyway of holding IW/activision
    I agree with the exception of a few things most people gripe and complain about random things that the simple fix is just leave or avoid it.
  • Re: is there anyway of holding IW/activision
    Actually IW/Activision can be held responsible for anything that is NOT your persons fault pertaining to MW2. You buy a product you expect it to function as intended. As such you can sue for defects that aren't being addressed/fixed as a breach of contract. The contract being they sell you a product that in good faith works without incident and when such incident is found it is fixed.

    Based solely on their own warranty they make no mention of software issues which in it's self gives merit to any action taken.

    And just to clarify a "Recording Medium" is the CD it's self. The warranty is concerning the disc being free of defects for 90 days which happened/happens on it's on, and not caused from something that you have done, ie; scratches, broken disc, dropped, or humanly damaged anyway or another.

    The software and maintenance of such software is not protected under a warranty. So by not fixing know exploits, glitches, etc... is a violation of any sort of contract entered into between yourself and said company. So yes, they can be sued....and no you don't need a class action suit to do so.

    Most Class Action suits take place only after one person files the grievance in a Civil Court. Afterwards more Petitioners may also be amended into the suit making it a class action grievance. But individuals may file the same grievances separately if they so wish.

    I can get way more detailed on this subject, but I won't as no real reason to do so. :)

    F.Y.I: I almost took a job as a legal aid so I know a thing or two about law..;)
  • Re: is there anyway of holding IW/activision

    BdyDrpdKotaEC wrote:

     



    F.Y.I: I almost took a job as a legal aid so I know a thing or two about law..;)





    I watch 'Law & Order' does that count? :p
  • Re: is there anyway of holding IW/activision
    darth_lucky_26
    Seriously folks...who cares about the ROCK!!!  Move on!

    Here are your options as far as I can tell:

    A) Play the map and don't worry about it.
    B) Play the map, but avoid the 'Rock' area.
    C) Play the map and get some 'free' fmj kills to level up that gun you like so much a little faster.
    D) Vote to skip the map and/or leave the room and find another!

    Either way...STOP COMPLAINING ABOUT IT!  Its all been said and done before.
  • Re: is there anyway of holding IW/activision
    Sherlock_Hound
    NO-ONE is going to sue Activision or Infinity Ward regarding any glitches or what not in this game no matter what the TOG says, and if it is legal or not, if they did it'd be laughed out of court.

    The only legal action that will see the inside of a court room is the one W&Z and the others have lodged, and I hope they put Kotick in the dock, as it'd be intersting to see how he'd answer questions under cross examination.
  • Re: is there anyway of holding IW/activision
    Rhinosaur

    Rabid_Ron wrote:

     

    BdyDrpdKotaEC wrote:

     



    F.Y.I: I almost took a job as a legal aid so I know a thing or two about law..;)





    I watch 'Law & Order' does that count? :p



    "Matlock was on at the bar last night...sound wasn't on, but I think I got the jest of it."
  • Re: is there anyway of holding IW/activision
    darth_lucky_26

    "Matlock was on at the bar last night...sound wasn't on, but I think I got the jest of it."



    HA!
  • Re: is there anyway of holding IW/activision
    Hrmm...so a suit for violating a contract will be laughed out of court huh? So a guy that has played a certain online PC game for over 20,000 hours files a suit against the maker for "getting him addicted" but yet the judge in this case has refused to through it out, but a suit against IW/Activison for allowing others to hack the game and infecting others that have spent real money on their product would be laughed outta court. Yeah I see that one happening.

    But yeah, no one is going to file suit and is why I never went any further with my initial post. Mainly because just about everyone here that complains about all this stuff are little kids and smart ass know it all teenagers. So it is what it is.
  • Re: is there anyway of holding IW/activision
    pilotguy
    I never said i was gonna sue over the ROCK GLITCH as some on here say. I simply said I bought MW2 and the DLC content on the premise that the product I WAS PURCHASING would be able to perform as intended. The DLC is not able to live up to that part of the agreement that you agree to when downloading (that message that comes up before you download and install). The flaw has been created on the publisher (iw/activision)side of things . All 50 states have consumer protection laws that protect the consumer from buisnesses that do shady deals. Whether you buy a phyisical product or online product that consumer laws still protect you the consumer if you choose to go to litigation. More often then not , the company ussually refunds the money and or offers to recall product or offer a repair. IW/activision has done none of that. They have a precedent of fixing glitches. remember the elevators/javelin glitchs/care package etc. They fixed those. So by fixing those and not this leaves one to ask why? Thats what the legal system is for Eg. if IW/activision has sold (example only) 1 000 000 dlc downloads at $15 usd thats 15 000 000 . I don't see why IW activision can't spend a very small part of the profit to fix a glitch they created. If this case went to court it would not be laughed out the door (in fact I've never ever heard of a judge do that) I've heard of people sueing MCdonalds because they burnt their mouth on hot coffee. So if that can go to trial , then this legit complaint can go to trial.
  • Re: is there anyway of holding IW/activision
    Sherlock_Hound
    Good luck, remember to let us all know how you get along.
  • Re: is there anyway of holding IW/activision
    I dont think you can sue Activision for the rock on Fuel.

    It is DLC. I dont think it is covered under the warranty of the original content that was shipped with the disc. Since it was optional DLC it should be under it own warranty(which I dont think it has since you can download it as many times as you like on the same account).

    To the best of my knowledge every glitch on the original maps has been fixed, Activision/IW could argue that OMA works the way its intended, and the community just got its ass handed to them by Kotick.
  • Re: is there anyway of holding IW/activision
    pilotguy
    actually Jassie it is under warranty. Just because its not in the (DISC) and is a dlc the dlc is still part of the GAME and the warranty covers that.  since this is not an after market software (made by another game company) the original warranty includes the dlc. If the add on pack was made by a independant company then you would be right. eg. If you by a car from ford and buy only genuine ford parts from a ford dealer (rims/exhaust etc) then you are covered by warranty from ford. If you buy your ford and decide to by aftermarket parts from a independant suplier then ford would not be liable for damage or extra wear on the car. In this case Iw/activision made both the Disc and Dlc so the warranty still applies. There are variations on consumer protection laws in different countries but here in the USA and CANADA the law is very clear . That a company cannot sell or continue to sell (with out a fix of some kind)a product that is  Unsafe/defective/or does not operate as described. Now if IW came up with a fix , then there is no legal means to go after them, but they are very aware of the problem and refuse to fix it. That makes them liable. I would urge all readers to check you local/federal laws and rights you have for dealing with companies that refuse to fix/correct/refund a product that has a flaw  in it. No where in the manual (bookelt )does it say how to get into the rock
  • Re: is there anyway of holding IW/activision
    pilotguy
    whether or not you a fan of the game or not, The flaw exists and IW knows about it and refuses to fix it. That means your in violation of the warranty. I'm not here to rag on IW or other users of the game, I'm simply exercising my legal right to seek a legal solution to a flawed product made by a US company who are bound by law to uphold the laws that apply to them and to fix/patch/refund a product that has a flaw . I purchased the dlc content on the assumption that it would function correctly. It does not. whether is $10 or $100,000,000 , its the same principle. I've had recalls on my $12 toaster. So If sears can refund my $12 for a toaster I'm sure IW can either fix the problem or pay up!
  • Re: is there anyway of holding IW/activision

    pilotguy wrote:

     

    actually Jassie it is under warranty. Just because its not in the (DISC) and is a dlc the dlc is still part of the GAME and the warranty covers that.  since this is not an after market software (made by another game company) the original warranty includes the dlc. If the add on pack was made by a independant company then you would be right. eg. If you by a car from ford and buy only genuine ford parts from a ford dealer (rims/exhaust etc) then you are covered by warranty from ford. If you buy your ford and decide to by aftermarket parts from a independant suplier then ford would not be liable for damage or extra wear on the car. In this case Iw/activision made both the Disc and Dlc so the warranty still applies. There are variations on consumer protection laws in different countries but here in the USA and CANADA the law is very clear . That a company cannot sell or continue to sell (with out a fix of some kind)a product that is  Unsafe/defective/or does not operate as described. Now if IW came up with a fix , then there is no legal means to go after them, but they are very aware of the problem and refuse to fix it. That makes them liable. I would urge all readers to check you local/federal laws and rights you have for dealing with companies that refuse to fix/correct/refund a product that has a flaw  in it. No where in the manual (bookelt )does it say how to get into the rock


    Im from the US.. But I fail to believe the DLC is under the warranty of the game.

    If it was required DLC then I can see being able to sue over it(assuming the people involved in the lawsuit werent passed their 30 day warranty). But its optional DLC which makes a big difference. Yes you paid for it. But no where in the DLC info does it say its covered.

    And I can buy an iPod, and buy iPod brand headphones for it separately, but the headphones wont be covered under the same warranty as the iPod. I chose to buy different headphones for it. It came with headphones that were covered. Just because they made the new pair I bought doesnt mean that they will be covered by my original iPod warranty.
  • Re: is there anyway of holding IW/activision
    BIGMIK09
    [Mod Edit: No need to act like a petulant child]
  • Re: is there anyway of holding IW/activision
    immortalmindz

    BIGMIK09 wrote:

     

    F*CK YOU IW/ACTIVION. YOUR GUNA LOOSE A LOT OF CUSTOMERS THROUGH THIS. IM ONE OF THEM. ROLL ON BLACK OPS.



    This doesnt make any sense seeing how Black Ops is also published by Activision.
  • Re: is there anyway of holding IW/activision
    Sherlock_Hound
    ^^^ Ditto.