There's something about rocking out with your cock out and lawsuits that seem to go hand in hand, whether it comes to the legality of mosh pits or whose song was whose first. Activision is certainly seeing the results of this pairing, as they have recently been named in a class action suit that claims they willfully deceived the consumer by advertising the Wii version of Guitar Hero III as having Dolby Pro Logic II surround sound (rather than mono sound, which is what it actually has).
Via Game | Life:
"The suit, brought by plaintiff Samuel Livingston of San Diego and represented by the law firm KamberEdelson, LLC, "seeks actual damages, individual restitution, equitable relief, civil penalties, costs and expenses of litigation, including attorney's fees, and all further relief available."
The suit claims that Activision has not rectified the problem for "any purchaser" of Guitar Hero III, nor has it taken steps to point out the issue to future purchasers. By noting that the game is still on store shelves this holiday, the suit alleges that Activision is continuing to engage in deceptive practices."
Ugh. I don't suppose the 2008 replacement discs promised by Activision after the complaint surfaced is bandaging this one. Wired contacted Activision for comment, but were merely told the company "cannot comment on any on-going litigation." They're either huddled in the boardroom trying to figure out what to do next, or holed up in hotel rooms borking the groupies they've earned from including "Rock you Like a Hurricane" among Guitar Hero III's song choices.
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Contest:
8:35 PM on 12.12.2007
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Man I should find a reason to sue a company. I mean suing over a small false advertising that they're fixing up? bleh.
PAIN AND SUFFERING, Mr. Attorney, GOGOGOGO!
Everyone should do it, it's the latest rage.
/kidding, I heart destructoid.
Not only that, it's retarded of the guy to force a lawsuit. They could've asked for a free copy of the fixed game.
That said, I think that this lawsuit is unnecessary and yet another abuse of the legal system. They have already announced a replacement plan. Let's see how that fares before firing off a lawsuit. Hopefully, they'll also fix the awful timing issues on certain songs as well.
but seriously, I couldn't really notice that my friend's Wii copy of GH3 was monaural sound
If you're going to be dicks to your competition, something is going to happen.
That and they "forgot" to go to class on "letting our peripheral work on another system could help our sales" day
Completely with you. FFS it's 2007 and you forgot stereo?!
But like they said, most people won't notice. It'll be the same 99% of the people who listen to 128k MP3s out of the shitty headphones that came with their iPods.
Legal misconduct or otherwise, it simply baffles me how a game about music can screw up the audio. It's just another clear-cut case of a developer shouting, "we don't care!"
Not to mention something like this is very easily remedied with a sticker over the graphic. When I worked in publishing we often had to use a sticker to cover up a mistake on a jacket or book cover and there is no reason they could not have done this here as well.
Like Quest 64, boasting multiple player characters on the box and in the manual (obviously didn't happen), but people aren't going to sue over that, because it's not another company involved. It was just a crappy release.
When you proclaim you have another company's product in your game/movie/whatever, you are making a statement. I liken it to a car company boasting about having the best firestone traction tires on the market, but when you buy it, you find out your tires are bald and there's no name printed on the side of the tire; hello stock tire.
An essential component is missing, and I have a feeling someone involved with Dolby is behind this suit, along with the public taking down douchebaggery.
REALLY??!!
ACTUAL DAMAGES?! did the mono sound burst his eardrums or some bullshit..sueing is the most ridiculous thing in the world.
I don't believe this is nearly as stupid as those though. Is activision wrong for this? Yup, but at least they recognized it and have some sort of fix. But thats not good enough for this guy, nope he has to have money because of it. Its such a big deal that it ruined his life, also he would have to prove all this, which something tells me he won't be able to do. Is there enough mental anguish to warrant a payout? Can he prove that Activision doing this caused him significant financial harm? Did he miss work or school because of this game having mono sound? A little something I've learned about the legal system, its not about what you know, its about what you can prove.