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Old 03-25-2010, 08:04 PM   #7
Secretagentnumber6 Secretagentnumber6 is offline
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Quote:
Originally Posted by eagle_fan_05 View Post
That is actually mentioned in there. I just finished reading the suit. Sounds like he might have a legitimate suit.
I think he may possibly have a suit, but I think winning is a long shot. The problem being is that the DLC is what may be known as a common industry custom nowadays. As a result of that anyone partaking in the industry is assumed to have constructive knowledge of how this included DLC works with purchasers of new games vs purchasers of used games. The question here is not one of deceptive practices, it is one of imputed knowledge, Does the guy suing have to have actual knowledge of the game industry and their DLC practices (which like I said is becoming industry custom, and is likely considered so at this point), or does the fact that he should have known and could have known by reading any number of internet articles or forums including this forum right here. I think he loses, and if he wins, the question goes to what are his real damages here. I do not think a court will award punitive damages in this case, and the real damages to this guy is what 10-15 bucks. In the end the moral of this will likely be get acquainted with practices and customs of a company before you shop there. This guy should have known better and may very well have, a cynical mind might think he did this on purpose.
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